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HomeMy WebLinkAbout01-24-23 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.FYI E.Commission Disclosures F.Approval of Minutes F.1 Approve the regular meeting minutes from: December 6, 2022 December 13, 2022 December 20, 2022(Maas) G.Consent G.1 Accounts Payable Claims Review and Approval (Waters) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, January 24, 2023 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person United States Toll +1-650-479-3208 Access code: 2557 262 8964 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. Public comments will be accepted in-person during the appropriate agenda items. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this hybrid meeting. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 G.2 Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of December 31, 2022(Hodnett) G.3 Authorize the Mayor to sign the Nexus Point Major Subdivision Preliminary Plat Findings of Fact and Order(Montana) G.4 Recommend Rejecting All Bids for the 2022 3rd, 4th, and 5th Water Renovations Project and Rebidding the Project at a Later Date(Johnson) G.5 Approval of Norton East Ranch Phase 5A Major Subdivision Final Plat Application to Divide 35.56 Acres into Fifty-one (51) Single Household Residential lots, One (1) Park Parcel, and One (1) Remainder Restricted Development Lot Needing Further Subdivision Review, and Associated Roads and Public Infrastructure, Located Northwest of the Intersection of West Babcock Street and Laurel Parkway, Application 22063 - Quasi-Judicial(Lyon) G.6 Approval of Norton East Ranch Phase 5B Major Subdivision Final Plat Application to divide 25.74 Acres Together and Create Forty-three (43) Single Household Residential Lots, Three (3) Park Parcels, Four (4) Open Space Lots, One (1) Remainder Restricted Development Lot Needing Further Subdivision Review, and Associated Roads and Public Infrastructure, Located Northwest of the Intersection of West Babcock Street and Laurel Parkway, Application 22203 - Quasi-Judicial(Lyon) G.7 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with TWAS Properties, LLC for the Tidal Wave Auto Spa (21358)(Schultz) G.8 Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with Town & Country Foods Inc for the Town & Country Foods Site Plan (19- 207)(Paz-Solis) G.9 Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement (3) and a Release and Reconveyance of Easements with Gallatin County for Gallatin County Courts Site Plan (22186)(Schultz) G.10 Authorize the City Manager to Sign a Utility Easement with Gallatin County for Gallatin County Regional Park Improvements Site Plan (22017)(Nielsen) G.11 Formal Recommendation to Amend the City’s 2015 Wastewater Facilities Plan Based on Findings and Analysis in the Attached Baxter Creek Drainage Basin Analysis Memorandum by Advanced Engineering and Environmental Services (AE2S) as Well as Incorporate the Final Recommendations into the City’s on-going Wastewater Facility Plan Update(Lehigh) G.12 Authorize the City Manager to Sign a Memorandum of Understanding with the Trust for Public Land for the Story Mill Community Park Splash Pad(Jadin) G.13 Authorize the Mayor to Sign a Memorandum of Understanding (MOU) between City of Bozeman and Bozeman School District 7 for Development of the Bozeman Community Center(Winn) G.14 Authorize the City Manager to Sign an Agreement with Northwestern Energy for the Installation of Interim Street Lights on Griffin Drive(Lonsdale) 2 G.15 Authorize the City Manager to Sign Construction Documents with Blanton Contracting, LLC for the Aspen Street Pedestrian Bridge(Fine) G.16 Authorize the City Manager to Sign a Professional Services Agreement with ESRI for GIS Implementation Services(Jorgenson) G.17 Authorize City Manager to Sign the Professional Services Agreement with Morrison Maierle for the Sourdough Creek Intake Improvements Project(Murray) G.18 Authorize the City Manager to Sign a Professional Services Agreement with Field Studio Landscape Architects, PLLC for Story Mill Community Park Splash Pad Construction Administration(Jadin) G.19 Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement with Stay Green Sprinklers Inc. for Irrigation Maintenance Services in the Parks and Trails District(Kline) G.20 Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement with Hydro Logistics Irrigation LLC. for Irrigation Maintenance Services in the Parks and Trails District(Kline) G.21 Authorize the City Manager to Sign a Task Order MID22-002 with Sanderson Stewart for On- Call Miscellaneous Engineering Services for the Midtown Urban Renewal District(Fine) G.22 Resolution 5471 Adopting the Burke Park Master Plan Amendment (Jadin) G.23 Resolution 5472 Adopting the Update to the Fair Market Value of Land for Cash-in-Lieu of Parkland Calculations(Jadin) G.24 Resolution 5473 A Resolution Related to the Creation of the Gallatin Valley Urban Transportation District(Sullivan) H.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. I.Special Presentation I.1 State of the City Address J.Work Session J.1 Parking Supply and Demand Work Session 2 (Veselik) 3 K.FYI / Discussion L.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 4 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Approve the regular meeting minutes from: December 6, 2022 December 13, 2022 December 20, 2022 MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Attachments: 5 12-06-22 City Commission Meeting Minutes.pdf 12-13-22 City Commission Meeting Minutes.pdf 12-20-22 City Commission Meeting Minutes.pdf Report compiled on: December 29, 2022 6 Bozeman City Commission Meeting Minutes, December 6, 2022 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES December 6, 2022 Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Excused: None A) 00:01:50 Call Special Meeting to Order - 4:30 PM - Commission Room, City Hall, 121 North Rouse B) 00:01:59 Executive Session B.1 00:02:10 City Manager Annual Performance Evaluation The City Commission presented the evaluation of the City Manager. Executive Session Minutes to be created, recorded, and provided for approval separately. 00:09:20 Mayor Andrus ended the Executive Session and reopened the meeting to the public. 00:09:21 Recess Mayor Andrus called the meeting into recess until the start of the public portions of the meeting. 00:14:20 Call to Order Mayor Andrus called the meeting back to order. C) 00:15:26 Pledge of Allegiance and a Moment of Silence D) 00:16:20 Changes to the Agenda 7 Bozeman City Commission Meeting Minutes, December 6, 2022 Page 2 of 10 E) 00:16:27 FYI • CM Mihelich reminded the community to shovel sidewalks. He noted the launch of the Gallatin Valley Sensitive Lands web portal. F) 00:18:21 Commission Disclosures G) 00:18:25 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the Mayor to Sign the Adoption of 2022 Gallatin County Emergency Plan Emergency Management Plan Adoption.pdf G.3 Authorize the City Manager to sign a Public Street and Utility Easement (2) with NWX, LLC for the Northwest Crossing Subdivision Phase 1 Final Plat (21482) Public Street and Utility Easement Public Street and Utility Easement(2) G.4 Authorize City Manager to Sign a Public Street and Utility Easement and Three Temporary Construction Easements Needed for Completion of the Improvements to Cottonwood Road – Oak to Baxter and the Cottonwood/Baxter Roundabout SD Baxter Public Street and Utility Easement.pdf SD Baxter Temporary Construction Easement.pdf NWX 358 Temporary Construction Easement.pdf NWX Temporary Construction Easement.pdf G.5 Authorize the City Manager to Sign a Temporary Construction Easement with Lehrkinds, Inc. to Facilitate a Sewer Lining Project Through Lehrkinds Property TCE_Lehrkinds_Signed.pdf G.6 Authorize the City Manager to Sign a Professional Services Agreement with Axim Geospatial for GIS & Asset Management On-call Services Attachment A - Axim Proposal and PSA.pdf G.7 Authorize the City Manager to Sign a Professional Services Agreement with HDR for GIS & Asset Management On-call Services Attachment A - HDR Proposal and PSA.pdf G.8 Authorize City Manager to Sign a Professional Services Agreement with HDR for the Bridger Creek Flood and Erosion Control Project Bridger Creek Flood and Erosion Control PSA.pdf G.9 Authorize the City Manager to Sign a Professional Services Agreement with Aero- Graphics, Inc. for April 2023 Digital Orthoimagery AeroGraphics, Inc RFP.pdf Bozeman 2023 Flight Boundary Map.pdf Bozeman Aerial Photography RFP 2022-2023.pdf PSA Agreement_SIGNED.pdf 8 Bozeman City Commission Meeting Minutes, December 6, 2022 Page 3 of 10 G.10 Authorize the City Manager to Sign a Professional Services Agreement with Elkhorn Commissioning Group for Fire Station 2 Relocation Commissioning Services PSA for Fire Station #2 Relocation Commissioning Services.pdf G.11 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with K2 Ventures, Inc. for Snow Removal and Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 1 K2 Ventures Inc. Snow Removal Services.pdf Attachment B PSA K2 Ventures Inc. Snow Removal Services.pdf G.12 Authorize the City Manager to Sign a First Contract Extension Amendment for One Additional Year with Neo Solutions Inc First Amendment to PSA with Neo Solutions.docx 21- Purchase Agreement - Neo Solutions - WRF Polymer.pdf G.13 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Sanderson Stewart for the Fowler Housing Feasibility Study Fowler Housing Amendment No1.pdf CC Memo Amendment No1 to Fowler Feasibility Study 12.06.22.pdf G.14 Authorize the City Manager to Sign a Second Addendum to Professional Services Agreement with The Nest Collective, LLC for Public Works Department Public Relations Services Professional Services Agreement dated December 1, 2020 Second Addendum for The Nest PSA 12 2020 G.15 Authorize the City Manager to Sign a Guaranteed Maximum Price Amendment Three to the Construction Contract for the Bozeman Public Library Renovation Project Guaranteed Maximum Price Amendment No. 3 for Public Library.pdf G.16 Authorize the City Manager to Sign a Task Order Six with Baker Tilly for Housing and Economic Development Project Financial Feasibility and Needs Analysis on Bozeman Wallace Works in the Northeast Urban Renewal District 22- Task Order 6- Baker Tilly - Wallace Works.pdf G.17 Authorize the City Manager to Sign a Task Order EDD22-005 with Sanderson Stewart for Construction Documents, Bidding, and Right-of-Way Services for Railroad Crossing Improvements at North Rouse Avenue and North Wallace Avenue URD Task Order Form EDD22-005 Railroad Crossing Design.pdf EDD22-005_Railroad Crossing Improvements_ROW_CD_SOW_111822.pdf G.18 Authorize the City Manager to Sign a Task Order MID22-001 with Sanderson Stewart for 5th Avenue Trail Final Design, Bidding, and Construction Administration Services for the Midtown Urban Renewal District MID22-001 5th Ave Trail Full.pdf G.19 Resolution 5460 Authorizing Prime Change Order One with Martel Construction, Inc. for the Construction of the Bozeman Public Library Renovation Project Resolution 5460.pdf Bozeman Public Library Renovation - Prime Change Order #1.pdf 9 Bozeman City Commission Meeting Minutes, December 6, 2022 Page 4 of 10 G.20 Resolution 5461 Authorizing the Use of an Alternative Project Delivery Contract for a General Contractor / Construction Manager for Preconstruction and Construction Services for the Bozeman Swim Center Renovation Resolution 5461 - Alternative Delivery Method Swim Center Renovation.docx G.21 Ordinance 2115, Final Adoption of the West University Properties Zone Map Amendment to Establish Initial Zoning of 48.98 Acres of B-2M and 47.9 Acres of REMU in Conjunction with the West University Properties Annexation Located Northwest of the Intersection of South 19th Avenue and Stucky Road, Application 21409 21409 West University ZMA Ordinance 2115.pdf West University ZMA 2-16-22.pdf G.22 Ordinance 2122, Final Adoption of the Silo Annexation Zone Map Amendment to Establish Initial Zoning of Residential Emphasis Mixed Use (REMU) on Approximately 125.265 Acres Located Northwest of the Intersection of Davis Lane and E. Valley Center Road, Application 21442 Ordinance 2122 Silo Annexation ZMA.pdf 6916002-ZMA Map Amendment 100622 signed.pdf Exhibit B - MDT Road Plans 235-1(6)5.pdf G.23 Ordinance 2129, Final Adoption of Thomas Drive Zone Map Amendment to Rezone Two Parcels from R-4 (Residential High Density) to REMU (Residential Emphasis Mixed Use) on 15.037 Acres, Application 22094 22094 Thomas Drive ZMA Ordinance 2129.pdf 010 Thomas Drive Zone Map Amendment-24x36.pdf 00:18:33 City Manager Introduction CM Mihelich provided the highlights of the Consent Agendas. 00:19:24 Public Comments There were no comments on either Consent Agenda. 00:19:56 Motion to approve Consent items G.1-G.23 as submitted. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 00:20:04 Vote on the Motion to approve Consent items G.1-G.23 as submitted. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn 10 Bozeman City Commission Meeting Minutes, December 6, 2022 Page 5 of 10 Disapprove: None H) 00:20:12 Consent II: Items Acted Upon Without Prior Unanimous Approval H.1 Ordinance 2127 Final Adoption of The Block 104 Zone Map Amendment Requesting Amendment of the City Zoning Map for a City Block Bounded by Tamarack Street on the North, Front Street to the East, Wallace on the West, and Aspen Street on the South Consisting of Approximately 3.554 Acres and the Accompanying Adjacent Right-of-way from M-1 (Light Manufacturing) to B-2M (Community Business District - Mixed), Application 22100 22100 Block 104 ZMA Ordinance 2127.pdf 001 BLOCK 104 ZMA MAP 8X11.pdf 00:20:14 Motion to approve Consent II Item H.1 as submitted. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 00:20:23 Vote on the Motion to approve Consent II Item H.1 as submitted. The Motion carried 4 - 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn I) 00:20:36 Public Comment Mayor Andrus opened general public comments. 00:21:29 Ian Dodds, Public Comment Ian Dodds commented on the need for outdoor features to be built in the City. 00:23:05 Emily LaShelle, Public Comment Emily LaShelle commented on the Bozeman Community and the housing crisis. 00:26:35 Kate Kunst, Public Comment Kate Kunst commented on housing conditions and the housing crisis. 11 Bozeman City Commission Meeting Minutes, December 6, 2022 Page 6 of 10 00:29:21 Katy Firethunder, Public Comment Katy Firethunder commented on the housing crisis. 00:33:05 Isaac Cheek, Public Comment Isaac Cheek commented on a plastics ban resolution. 00:35:54 Tom Waldorf, Public Comment Tom Waldorf commented on a plastics ban resolution. J) 00:38:57 Special Presentation J.1 00:39:12 Triannual Climate Plan Report 00:39:43 Staff Presentation Sustainability Program Manager Natalie Meyer presented the Climate Plan Report. She presented the Sustainability Board's work plan and the Commission priorities that align with the Climate Plan. She presented the progress on operations, efficient buildings, renewable energy supply, vibrant & resilient neighborhoods, transportation options, waste reduction, and regenerative greenspace, food systems & natural environment. She demonstrated an update to the Climate Plan Dashboard. J.2 00:58:40 Water Supply Management Planning Update 00:59:40 Staff Presentation Senior Water Resources Engineer, Brian Heaston, and Water Conservation Program Manager, Jessica Ahlstrom, presented an update on Bozeman's water supply planning and water conservation efforts. K) 01:35:56 Action Items K.1 01:36:10 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) 22113 Project 86 Annex ZMA CC SR.pdf 01:36:24 Staff Presentation Senior Planner Tom Roger presented the application by entering the staff report, the applicant submittal, and all public comments into the record. He presented the subject property, the Future Land Use Map (FLUM) designation, neighboring zoning, implementing districts for the FLUM designation, the annexation goals & polices, the zoning criteria of evaluation, there were no public comments, and presented the recommendations. 01:43:22 Questions of Staff 01:52:38 Applicant Presentation 12 Bozeman City Commission Meeting Minutes, December 6, 2022 Page 7 of 10 Brett Meegard, Hyalite Engineers, presented on behalf of the owner. He presented the property area and the reasoning behind the requested REMU zoning. He presented the watercourse and wetlands on the property. He presented a response to the Community Development comment on sewer connectivity. 01:56:08 Questions of Applicant 01:57:37 Public Comment There were no public comments on this item. 01:58:13 Motion to approve 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. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 01:58:37 Discussion 02:03:53 Vote on the Motion to approve 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. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:04:07 Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22113 and move to approve the Project 86 Zone Map Amendment. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 13 Bozeman City Commission Meeting Minutes, December 6, 2022 Page 8 of 10 02:04:36 Discussion 02:13:04 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22113 and move to approve the Project 86 Zone Map Amendment. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:13:18 Meeting went into Recess Mayor Andrus called the meeting into recess. 02:13:50 Meeting Reconvened Mayor Andrus called the meeting back to order. L) 02:13:50 Work Session L.1 02:13:57 FY24-28 Capital Improvement Plan (CIP) Presentation - General Fund & Other Special Revenue Funds 02:14:14 Staff Presentation Finance Director Melissa Hodnett presented the General Fund and Special Revenue Fund CIPs. She presented the percent by service area, the scheduled CIP, and percent of unscheduled. She presented the changes from last year's General Fund CIP, highlighted the "non-voted" scheduled items by department, & highlighted the "non-voted" unscheduled items by department. 02:20:43 Questions of Staff 02:45:35 Staff Presentation Continued Director Hodnett presented the Fire Impact Fee fund & the Fire Capital & Equipment fund. 02:46:54 Questions of Staff 02:50:43 Staff Presentation Continued Director Hodnett presented the Parks & Trails Maintenance District fund project changes 14 Bozeman City Commission Meeting Minutes, December 6, 2022 Page 9 of 10 02:51:49 CM Mihelich presented the next steps on the CIP process. M) 02:52:22 Appointments M.1 02:52:23 Appointment to the Sustainability Board Douglas Fischer.pdf Nicholas Fitzmaurice.pdf 02:52:23 Public Comments There were no public comments on this item. 02:52:53 Motion to appoint Douglas Fischer to the Sustainability Board with a term expiring December 31, 2023. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 02:53:02 Vote on the Motion to appoint Douglas Fischer to the Sustainability Board with a term expiring December 31, 2023. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None N) 02:53:13 FYI / Discussion • DM Cunningham responded to comments related to the request to lift the ban on municipality banning plastics. • Upon discussion, Mayor Andrus recommended that CM Mihelich will follow-up. • CM Mihelich provided an update on short-term rentals. O) 02:59:32 Adjournment ___________________________________ Cynthia L. Andrus Mayor 15 Bozeman City Commission Meeting Minutes, December 6, 2022 Page 10 of 10 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: January 24, 2023 16 Bozeman City Commission Meeting Minutes, Tuesday, December 13, 2022 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, December 13, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Christopher Coburn Absent: None Excused: Jennifer Madgic Staff Present at the dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Taylor Chambers A) 00:04:46 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:04:48 Pledge of Allegiance and a Moment of Silence C) 00:05:30 Changes to the Agenda D) 00:05:35 Authorize Absence D.1 Authorize the Absence of Commissioner Madgic 00:05:51 Motion to authorize the absence of Commissioner Madgic. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:05:57 Vote on the Motion to authorize the absence of Commissioner Madgic. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn 17 Bozeman City Commission Meeting Minutes, Tuesday, December 13, 2022 Page 2 of 9 Disapprove: None E) 00:05:59 FYI CM Mihelich informed the Commission of updates on the Streets Are For Everyone (SAFE) project. CM Mihelich also informed the Commission of the first day of bike-mas and provided more information on the GoGallatin project. F) 00:08:01 Commission Disclosures G) 00:08:07 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the City Manager to Sign a Notice of Award to Timberlake Construction for construction of the 2023 Downtown Sewer Renovations Project Bid Tab.pdf Bid Worksheet.pdf 14-NoticeOfAward.doc G.3 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with Saccoccia Lands LLC for the Bozeman East Mixed use (19230/19231). Conditional Irrevocable Offer of Dedication G.4 Resolution 5466, authorizing the City Manager to retire police K9 "Ivan" and to execute an agreement with Derek Dyk for the transfer of "Ivan" Exhibit A Hold Harmless and Transfer for Ivan.pdf Resolution 5466 for K9 Transfer.pdf CM Mihelich highlighted item G.4 00:08:39 Public Comment Opportunity 00:09:26 Motion to approve I move to approve consent items 1-4 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:09:34 Vote on the Motion to approve I move to approve consent items 1-4 as submitted. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None 18 Bozeman City Commission Meeting Minutes, Tuesday, December 13, 2022 Page 3 of 9 H) 00:09:44 Public Comment 00:10:50 Tia Goebel, Public Comment Tia commented against short term rentals. 00:14:12 Whitney Chaplo, Public Comment Whitney commented against short term rentals 00:16:25 Sav Henderson, Public Comment Sav commented against short term rentals. 00:19:41 Chelsea Absusky, Public Comment Chelsea commented against short term rentals. 00:22:24 Damien Volokitch, Public Comment Damien commented against short term rentals. 00:25:13 Emily McKenna, Public Comment Emily commented against short term rentals. 00:27:53 Ariel Lusty, Public Comment Ariel commented against short term rentals. 00:31:15 Bryce Neil, Public Comment Bryce commented against short term rentals. 00:34:08 Ian Dodds, Public Comment Ian commented on the need for more funding for skate parks in Bozeman and commented on affordable housing strategies. I) 00:35:44 Action Items I.1 00:35:44 Resolution 5412 Adoption of the Capital Improvement Plan (CIP) for Fiscal Years 2024-2028 Resolution 5412 - CIP FY24-28.docx 00:35:47 Introduction 19 Bozeman City Commission Meeting Minutes, Tuesday, December 13, 2022 Page 4 of 9 CM Mihelich provided an introduction for Resolution 5412. 00:36:04 Staff Presentation Finance Director Melissa Hodnett provided a presentation with an update on the CIP process and presented Resolution 5412 to the Commission. 00:43:18 Questions of Staff 01:02:29 Public Comment Opportunity 01:03:14 Ian Dodds, Public Comment Ian commented on upcoming funds allocated for parks reconstruction. 01:03:56 Greg Lynch, Public Comment Greg commented on upcoming the upcoming College Street reconstruction project. 01:07:00 Motion to approve Move to adopt Resolution 5412, adopting the Capital Improvements Plan (CIP) for fiscal years 2024 to 2028. Terry Cunningham: Motion Christopher Coburn: 2nd 01:07:50 Motion to amend I move to reallocate the voter approved bond money for swim center, Lindley center, from unscheduled to 2024 and the Bogert pool funds from unscheduled to 2025. Terry Cunningham: Motion Christopher Coburn: 2nd 01:07:49 Discussion 01:08:55 Vote on the Motion to amend I move to reallocate the voter approved bond money for swim center, lindley center, from unscheduled to 2024 and the bogert pool funds from unscheduled to 2025. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None 20 Bozeman City Commission Meeting Minutes, Tuesday, December 13, 2022 Page 5 of 9 01:09:10 Motion to amend In 2024 to allocate $100,000 to the evaluation of our city wide pedestrian and bike network to identify critical gaps in connectivity with an emphasis on sidewalks. Terry Cunningham: Motion Christopher Coburn: 2nd 01:09:39 Discussion 01:12:19 Vote on the Motion to amend In 2024 to allocate $100,000 to the evaluation of our city wide pedestrian and bike network to identify critical gaps in connectivity with an emphasis on sidewalks. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None 01:12:30 Discussion 01:13:28 Motion to amend to move the college street design process from 2027 to 2024. Christopher Coburn: Motion Terry Cunningham: 2nd 01:13:41 Discussion 01:15:08 Amendment recalled by Commissioner Coburn 01:15:50 Motion to amend the playground equipment under the Parks and Trails District fund to include skate park improvements as part of the playground equipment fund request. Christopher Coburn: Motion Terry Cunningham: 2nd 01:15:57 Discussion 01:17:48 Vote on the Motion to amend the playground equipment under the Parks and Trails District fund to include skate park improvements as part of the playground equipment fund request. The Motion carried 4 - 0. 21 Bozeman City Commission Meeting Minutes, Tuesday, December 13, 2022 Page 6 of 9 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None 01:17:56 Discussion 01:25:20 Vote on the Motion to approve Move to adopt Resolution 5412, adopting the Capital Improvements Plan (CIP) for fiscal years 2024 to 2028. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None I.2 01:25:31 Zone Map Amendment requesting to modify the City's zoning map on approximately 40 acres from R-2 (Residential Moderate Density) and R-1 (Residential Low Density) to REMU (Residential Emphasis Mixed Use) on property located on the southeast corner of South 19th and Graf Street; Application 22279. 22279 South 40 ZMA CC SR.pdf 22279 South 40 ZMA CC SR.pdf 01:25:33 Introduction CM Mihelich provided an introduction for project 22279. 01:25:40 Staff Presentation Planner Tom Rogers entered the staff report, applicant submittal and public comment to the record and presented application 22279 to the Commission. 01:30:39 Questions of Staff 01:46:51 Applicant Presentation Parker Lang of Providence Development introduced the applicant team to the Commission. Tyler Steinway of Intrinsik Architecture presented application 22279 to the Commission. 01:53:02 Questions of the Applicant. 22 Bozeman City Commission Meeting Minutes, Tuesday, December 13, 2022 Page 7 of 9 01:59:24 Public Comment Opportunity 01:59:59 Motion to approve 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 22279 and move to recommend approval of the South 40 Zone Map Amendment, with contingencies required to complete the application processing. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:00:15 Discussion 02:07:20 Vote on the Motion to approve 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 22279 and move to recommend approval of the South 40 Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None I.3 02:07:24 Ordinance 2065, Provisional Adoption of Ordinance 2065 Generally revising the Purchase and Disposition of Municipal Property Ordinance 2065 Final.pdf 02:07:54 Introduction CM Mihelich provided an introduction to Ordinance 2065 02:08:05 Staff Presentation Assistant City Attorney Anna Saverud presented Ordinance 2065 to the Commission. 02:26:00 Questions of Staff 03:00:13 Public Comment Opportunity 03:00:46 Motion to approve I move to provisionally adopt Ordinance 2065, Generally Revising the Purchase and Disposition of Municipal Property. I-Ho Pomeroy: Motion 23 Bozeman City Commission Meeting Minutes, Tuesday, December 13, 2022 Page 8 of 9 Terry Cunningham: 2nd 03:01:23 Discussion 03:05:29 Motion to amend to replace any mention of 2/3 vote with simple majority. Christopher Coburn: Motion Terry Cunningham: 2nd 03:05:48 Discussion 03:14:51 Vote on the Motion to amend to replace any mention of 2/3 vote with simple majority. The Motion failed 1 - 3. Approve: Christopher Coburn Disapprove: Cyndy Andrus Terry Cunningham I-Ho Pomeroy 03:15:00 Discussion 03:19:04 Vote on the Motion to approve I move to provisionally adopt Ordinance 2065, Generally Revising the Purchase and Disposition of Municipal Property. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None J) 03:19:17 FYI / Discussion CM Mihelich informed the Commission that Transportation Engineering Director, Nick Ross will be following up on the public comment mentioning that they could not bike to City Hall due to the bike route not being plowed. K) 03:19:55 Adjournment ___________________________________ Cynthia L. Andrus Mayor 24 Bozeman City Commission Meeting Minutes, Tuesday, December 13, 2022 Page 9 of 9 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Taylor Chambers Deputy City Clerk Approved on: January 24, 2023 25 Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 1 of 11 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, December 20, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Christopher Coburn Absent: None Excused: Jennifer Madgic Staff Present at the Dais: City Manager (CM) Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Taylor Chambers. A) 00:01:47 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:01:50 Pledge of Allegiance and a Moment of Silence C) 00:02:40 Changes to the Agenda Cm Mihelich informed the Commission that the applicant for the Ferguson Farms action items have requested for the items to be continued to March. D) 00:02:50 Authorize Absence D.1 Authorize the Absence of Commissioner Madgic 00:03:01 Motion I move to authorize the absence of Commissioner Madgic. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 00:03:05 Vote on the Motion to approve I move to authorize the absence of Commissioner Madgic. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy 26 Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 2 of 11 Christopher Coburn Disapprove: None E) 00:03:15 FYI DM Cunningham informed the public on behalf of Commissioner Madgic that there will be an event in association with gallatin valley earth day at the Emerson on January 6th at 7pm. DM Cunningham also informed the Commission that there has been a legislator located that is willing to take a bill for the plastics ban as well as one for red light cameras. CM Mihelich informed the public that the Commission has been in contact with HRDC regarding members of the public that are experiencing homelessness and how people can be kept safe during the freezing weather that we are experiencing. F) 00:06:05 Commission Disclosures G) 00:06:12 Approval of Minutes G.1 Approve the regular meeting minutes from: August 16, 2022 August 23, 2022 September 20, 2022 September 27, 2022 October 4, 2022 October 18, 2022 October 25, 2022 November 1, 2022 November 15, 2022 November 22, 2022 08-16-22 City Commission Meeting Minutes.pdf 08-23-22 City Commission Meeting Minutes.pdf 09-20-22 City Commission Meeting Minutes.pdf 09-27-22 City Commission Meeting Minutes.pdf 10-04-22 City Commission Meeting Minutes.pdf 10-18-22 City Commission Meeting Minutes.pdf 10-25-22 City Commission Regular Meeting Minutes.pdf 11-01-22 City Commission Meeting Mintues.pdf 11-15-22 City Commission Meeting Minutes.pdf 11-22-22 City Commission Regular Meeting Minutes.pdf 00:06:32 Motion I move to approve the minutes as submitted. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 27 Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 3 of 11 00:06:39 Vote on the Motion to approve I move to approve the minutes as submitted. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None H) 00:06:42 Consent H.1 Accounts Payable Claims Review and Approval H.2 Approve City Manager Jeff Mihelich's Merit Increase to Base Salary H.3 Authorize The City Manager To Sign The Grant Award Commitment Letter From The 2022 State Homeland Security Program FY22 State Homeland Security Program Grant Award Letter FY22 State Homeland Security Program Award Packet H.4 Authorize the City Manager to Sign a Notice of Award to Omdahl Excavation and Utilities Inc. for Construction of the 2022 N 7th Avenue Water Renovations Project 14-NoticeOfAward.doc Bid Worksheet.pdf Bid Tab.pdf H.5 Authorize the City Manager to Sign a Professional Architectural Services Agreement with WSB & Associates Inc. for design of the Southwest Montana Veterans Cemetery at Sunset Hills Cemetery Attachment A PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WSB Associates Inc..pdf H.6 Authorize the City Manager to sign a Professional Services Agreement with TD&H Engineering for concrete crack monitoring in the Bridger Parking Garage Exhibit A-City of Bozeman-Crack Monitoring Scope.pdf Profession Services Agreement with TD&H Engineering for Concrete Crack Monitoring in the Bridger Parking Garage.docx H.7 Authorize the City Manager to sign the Amendment to Professional Services Agreement with Burns & McDonnell for Rate Study of the Solid Waste Operations 21- Professional Services Agreement PSA Amendment Solid Waste Rate Study Exhibit A H.8 Authorize City Manager to sign Amendment No. 2 with Morrison Maierle for the Cottonwood Road Improvements from Oak Street to Baxter Lane project. Cottonwood PSA Amendment 2 V2.pdf H.9 Resolution 5463, a Resolution of the City Commission of the City of Bozeman, Montana, Confirming the Appointment of Police Officers in Accordance withMontana Code Annotated 7-32-4108 and 7-32-4113. Commission Resolution 5463.pdf H.10 Resolution 5467 authorizing Change Order No. 2 with CK May Excavating, Inc. for the Bozeman Sourdough Water Transmission Main, Phase 2 Project. 28 Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 4 of 11 Resolution 5467.pdf Sourdough Transmission Main Phase 2 Change Order 2.pdf H.11 Resolution 5469 Certification of Delinquent City Assessments to the County Resolution 5469-Certification of Delinquent 1st half-FY23.docx Notice of Certification of Delinquent 1st half Assessments-FY23.docx H.12 Resolution 5470 Declaring Support for Legislation by the 2023 Montana Legislature Restoring to Local Governments the Power to Ban Single Use Plastics, or in the Alternative, for Legislation by the 2023 Montana Legislature Banning Certain Single Use Plastics Resolution 5470 Support for Plastic Ban.docx Cm Mihelich highlighted items H.3 and H.5 00:08:28 Public Comment Opportunity 00:08:49 Heidi Noise, Public Comment Heidi commented in support of Resolution 5470. 00:11:46 John Meyer, Public Comment John commented in favor of Resolution 5470. 00:12:34 Isaac Cheek, Public Comment Isaac commented in favor of Resolution 5470. 00:13:31 Kathy Powell, Public Comment Kathy commented in favor of Resolution 5470. 00:15:43 Motion I move to approve consent items 1-12 as submitted. Christopher Coburn: Motion Terry Cunningham: 2nd 00:15:48 Vote on the Motion to approve I move to approve consent items 1-12 as submitted. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None 29 Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 5 of 11 I) 00:15:50 Public Comment 00:16:52 Benjamin Finnegan, Public Comment Benjamin commented in opposition of short term rentals. 00:19:59 Emily Lochelle, Public Comment Emily provided public comment on behalf of Bau Savage in opposition of short term rentals. 00:22:17 Jax Ebzusky, Public Comment Jax commented in opposition of short term rentals. 00:25:07 Kaylie Hoosier, Public Comment Kaylie commented in opposition of short term rentals. 00:27:32 Kate Koontz, Public Comment Kate commented on behalf of Marion Henderson in opposition of short term rentals. 00:30:17 Bill Gould, Public Comment Bill commented in opposition of short term rentals. 00:33:56 Theota Kelsey, Public Comment Theota commented in opposition of short term rentals. 00:36:45 Zac Geheart, Public Comment Zac commented in opposition of short term rentals. 00:39:49 James Dufsey , Public Comment James commented in opposition of short term rentals. 00:42:33 Giselle Mogano Mires "Elle" , Public Comment Elle commented in opposition of short term rentals. 00:45:34 Ken McMann, Public Comment Ken commented in opposition of short term rentals. 00:48:35 Steve Moore, Public Comment 30 Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 6 of 11 Steve commented on the need for more houses in the City and commented in opposition of banning short term rentals. 00:52:01 Maluli Lemos, public Comment Maluli commented in opposition of short term rentals. 00:54:50 John Meyer, Public Comment John commented in opposition of short term rentals. 00:56:09 June Saverud, Public Comment June commented in favor of Resolution 5470. 00:59:07 Barla Beaudoin, Public Comment Barla commented in opposition of short term rentals. J) 01:01:39 Special Presentation J.1 Belonging in Bozeman - Equity & Inclusion Plan Quarterly Update 01:01:50 Staff Presentation Community Engagement Coordinator Dani Hess presented the Belonging in Bozeman Quarterly Update. K) 01:16:40 Action Items K.1 01:16:41 Continue the MSU Innovation Campus Growth Policy Amendment to Amend the Future Land Use Map from Public Institutions to Regional Commercial and Services on Approximately 42 Acres Located Southwest of the Intersection of College Street and S. 23rd Avenue, Application 22282 to February 28, 2023 01:17:03 Motion I move to continue the public hearing for review of application 22282 to February 28, 2023. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 01:17:14 Vote on the Motion to approve I move to continue the public hearing for review of application 22282 to February 28, 2023. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham 31 Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 7 of 11 I-Ho Pomeroy Christopher Coburn Disapprove: None K.2 01:17:10 Decision on the Walker Subdivision Annexation of 2.05 Acres Plus the Adjacent Rights-of-way and Zone Map Amendment of the City Zoning Map for the Establishment of a Zoning Designation of R-3 (Residential Medium Density District), Application 22125 continued from November 15, 2022 22125 Walker Sub Annex-ZMA CC SR.pdf 01:17:14 Staff Presentation City Attorney Greg Sullivan presented the continuation of the public hearing for the Walker Subdivision and Zone Map Amendment. 01:32:31 Questions of Staff 02:04:42 Questions of Applicant 02:05:24 DCC Chambers re-stated the motion that was made at the November 15, 2022 Meeting 02:05:24 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 22125 and move to approve the Walker Subdivision Annexation, with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The property owner understands that the City of Bozeman may, in the future, put a shared use path in front of or adjacent to this property. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 02:06:30 Discussion 02:13:23 Vote on the Motion to approve 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 22125 and move to approve the Walker Subdivision Annexation, with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The property owner understands that the City of Bozeman may, in the future, put a shared use path in front of or adjacent to this property. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn 32 Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 8 of 11 Disapprove: None 02:13:34 Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22125 and move to approve the Walker Subdivision Zone Map subject to contingencies required to complete the application processing. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 02:14:22 Discussion 02:16:20 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22125 and move to approve the Walker Subdivision Zone Map subject to contingencies required to complete the application processing. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None K.3 02:16:22 Nexus Point Major Subdivision Preliminary Plat, to Create 11 Lots Located at 3747 S. 19th Avenue, Application 22246 22246 Nexus Point PP CC Staff Report.pdf 22246 Nexus Point Preliminary Plat.pdf V3.pdf 22246 Nexus Point PP CC Memo.docx 02:16:32 Staff Presentation Senior Planner Susana Montana presented Application 22246 to the Commission. 02:22:44 Questions of Staff 02:23:24 Applicant Presentation Eric Greensag with Madison Engineering, presented application 22246 to the Commission. 02:27:06 Questions of the Applicant 02:32:30 Public Comment Opportunity 33 Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 9 of 11 02:33:09 Motion Having heard and considered all application materials, staff recommendation, planning board recommendation, and public comment I move to approve application 22246 with conditions and code corrections as identified in the staff report. Christopher Coburn: Motion Terry Cunningham: 2nd 02:33:14 Discussion 02:38:29 Vote on the Motion to approve Having heard and considered all application materials, staff recommendation, planning board recommendation, and public comment I move to approve application 22246 with conditions and code corrections as identified in the staff report. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None K.4 02:38:33 Approval of the Ferguson Farms II Preliminary Planned Unit Development (P-PUD) 19028 FF II P PUD CC memo.pdf 19028 FF II P PUD CC staff rpt.pdf Attachment 1 Applicant Narrative.pdf FF II P PUD - Relaxations & Justifications.pdf FF II Design Manual draft 07 14 22.pdf FF II P PUD Relaxation Graphic.pdf FF II P PUD landscape Plan.pdf Skybridge Vista Exhibit.pdf 02:39:07 Motion I move to continue the Ferguson Farms II Preliminary Planned Unit Development, Application 19028 to March 7, 2023 Terry Cunningham: Motion I-Ho Pomeroy: 2nd 02:39:28 Vote on the Motion to continue I move to continue the Ferguson Farms II Preliminary Planned Unit Development, Application 19028 to March 7, 2023 The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn 34 Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 10 of 11 Disapprove: None K.5 02:39:23 Ferguson Farms II Major Subdivision Preliminary Plat 19027 FF II PP CC staff rpt.pdf 001 Preliminary Plat Page 1.pdf 002 Preliminary Plat Page 2.pdf 003 Preliminary Plat Page 3.pdf 004 Preliminary Plat Page 4.pdf Attachment 1 Applicant Narrative 089 26 22.pdf 02:39:34 Motion I move to continue Ferguson Farms II Major Subdivision Preliminary Plat application 19027 to March 7, 2023. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 02:39:46 Vote on the Motion to continue I move to continue Ferguson Farms II Major Subdivision Preliminary Plat application 19027 to March 7, 2023. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None L) 02:39:46 Appointments L.1 02:39:47 Appointments to the City-County Board of Health Matthew Madsen.pdf Danika Comey.pdf Danny Aune.pdf William Garner.pdf 02:39:48 Public Comment Opportunity 02:40:19 Motion I move to appoint Matthew Madsen to a term ending June 2023 and Danika Comey to a term ending June 2024 to the Gallatin City County Board of Health. Christopher Coburn: Motion Terry Cunningham: 2nd 35 Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 11 of 11 02:40:37 Vote on the Motion to approve I move to appoint Matthew Madsen to a term ending June 2023 and Danika Comey to a term ending June 2024 to the Gallatin City County Board of Health. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None M) 02:40:34 FYI / Discussion Commissioner Pomeroy requested an update from CM Mihelich on work the City is doing regarding short term rentals. N) 02:43:39 Adjournment 36 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Levi Stewart, Assistant City Controller Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires the City Commission to review claims prior to payment. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. Additionally, the Department confirmed all expenditures were appropriately coded and within the current fiscal year allocated budget. In addition to the weekly check issue, please provide approval for checks dated 1/12 thru 1/18, as there was no commission meeting on 1/17. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: January 12, 2023 37 38 Memorandum REPORT TO:City Commission FROM:Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT: Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of December 31, 2022 MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION: Appoint Mayor Andrus and Deputy Mayor Cunningham to review the depository bonds and pledged securities as of December 31, 2022. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: 17-6-102. Insurance on deposits. (1) Deposits in excess of the amount insured by the federal deposit insurance corporation or the national credit union administration may not be made unless the bank, building and loan association, savings and loan association, or credit union first delivers to the state treasurer or deposits in trust with some solvent bank, as security therefore, bonds or other obligations of the kinds listed in 17-6-103, having a market value equal to at least 50% of the amount of the deposits in excess of the amount insured. The board of investments may require security of a greater value. When negotiable securities are placed in trust, the trustee's receipt may be accepted instead of the actual securities if the receipt is in favor of the state treasurer, successors in office, and the state of Montana and the form of receipt and the trustee have been approved by the board of investments. (2) Any bank, building and loan association, savings and loan association, or credit union pledging securities as provided in this section may at any time substitute securities for any part of the securities pledged. The substituted collateral must conform to 17-6-103 and have a market value at least sufficient for compliance with subsection (1). If the substituted securities are held in trust, the trustee shall, on the same day the substitution is made, forward by registered or certified mail to the state 39 treasurer and to the depository financial institution a receipt specifically describing and identifying both the securities substituted and those released and returned to the depository financial institution. Section 7-6-207 (2), MCA requires the City Commission to approve pledged securities at least quarterly. The Commission appoints two commissioners quarterly on a rotating basis. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The city is sufficiently pledged. Attachments: Depository Bonds & Securities 1222.doc Report compiled on: January 10, 2023 40 DEPOSITORY BONDS AND SECURITIES AS OF December 31, 2022 MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT US BANK All Accounts Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00 LOC-FHLB Cincinnati 04/14/2023 569228 $ 18,000,000.00 TOTAL – US Bank $ 18,250,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6- 207, M.C.A., have this day certified the receipts of US Bank, for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of December 31, 2022, by the banks of Bozeman and approve and accept the same. _____________________________________________ CYNTHIA L. ANDRUS, Mayor ______________________________________________________________________________ TERRY CUNNINGHAM, Deputy Mayor I-HO POMEROY, Commissioner ______________________________________________________________________________ CHRISTOPHER COBURN, Commissioner JENNIFER MADGIC, Commissioner 41 PLEDGED SECURITIES AND CASH IN BANK As of December 31, 2022 US BANK Total Cash on Deposit $8,299,782.78 FDIC Coverage $250,000.00 Amount Remaining $8,049,782.78 Pledges Required 104%$8,371,774.09 Actual Pledges $18,000,000.00 Over (Under) Pledged $9,628,225.91 REFERENCE: Section 7-6-207, M.C.A. 42 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner Brian Krueger, Development Review Manager Anna Bentley, Director, Community Development Department SUBJECT:Authorize the Mayor to sign the Nexus Point Major Subdivision Preliminary Plat Findings of Fact and Order MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve and authorize the Mayor to sign the Nexus Point Major Subdivision Preliminary Plat Findings of Fact and Order. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:On December 20, 2022, by a unanimous vote of 4 to 0, the City Commission approved the Nexus Point Major Subdivision Preliminary Plat with conditions and code provisions. The subdivision divides a 20 acre parcel into 3 blocks and 11 lots consisting of 3 multi-family residential lots, 2 office building lots, 1 residential clubhouse lot, 3 common open space lots, and 2 public park lots on land zoned R-5, Mixed Use High-density Residential and R-O, Residential- Office Districts. This 20 acre Site has an approved two-phase Master Site Plan for this 240- dwelling unit apartment complex, Project No. 19262, and has an approved Site Plan for a Phase I development, Project 19263. The Phase I development of this preliminary plat land is under construction. A site plan application for Phase II of this development has been submitted and is under review. The Applicant for the Nexus Point project is the Nexus Point, LLC. Pursuant to MCA 76-3-620 and BMC 38.240.150.D, the City Commission must issue the written findings of fact for the approval of this Preliminary Plat. The attached staff report presents the findings that satisfy these requirements. 43 UNRESOLVED ISSUES:None. ALTERNATIVES:See the attached staff report. FISCAL EFFECTS:None. Attachments: 22246 Nexus Point PP CC FOF Memo.pdf 22188 Graf PP FOF staff rpt 01 13 23.docx Report compiled on: January 11, 2023 44 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Susana Montana, Senior Planner, Community Development Department SUBJECT: Nexus Point Major Subdivision Preliminary Plat Approval Findings of Fact and Order STRATEGIC PLAN: 4.2 High Quality Urban Approach. Continue to support high quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. MEETING DATE: January 24, 2023 AGENDA ITEM TYPE: Consent, Quasi-Judicial RECOMMENDATION: Approve the Findings of Fact and Order for the Preliminary Plat for the Nexus Point Major Subdivision. BACKGROUND: This is a major subdivision preliminary plat application to divide 20 acres into 11 lots consisting of 3 multi-family residential lots, 2 office building lots, 1 residential clubhouse lot, 3 common open space lots, and 2 public park lots on land zoned R-5, Mixed Use High-density Residential and R-O, Residential-Office Districts. This 20 acre Site has an approved two-phase Master Site Plan for this 240-dwelling unit apartment complex, Project No. 19262, and has an approved Site Plan for a Phase I development, Project 19263. The Phase I development of this preliminary plat land is under construction. A site plan application for Phase II of this development has been submitted and is under review. The Applicant for the Nexus Point project is the Nexus Point, LLC. The City Commission reviewed this application and by a vote of 4 to 0 unanimously approved the Preliminary Plat with conditions and code provisions on December 20, 2022. UNRESOLVED ISSUES: None identified. ALTERNATIVES: None suggested or proposed. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Report compiled on: January 11, 2023 45 Page 1 of 30 Findings of Fact and Order for the 2131 Graf Street Minor Subdivision Preliminary Plat; Application No. 22188. Public Meeting Date:The City Commission meeting will be held Tuesday, January 24, 2023 at 6:00 pm. Project Description The 2131Graf Street Minor Subdivision is a proposed 5 lot minor subdivision, is within a R-4 (Residential High Density District) zoned property located directly West of South 19th Avenue, between Lantern Drive and Graf Street. The minor subdivision is located on a 25.99-acre parcel. Development plans for the property have been reviewed and approved through a Master Site Plan and Phase I Site Plan, Project No. 19308 and 19309. South 21st Avenue would be extended between Lantern Drive and Graf Street with Phase I. Water and sewer main extensions for the entire property would be installed to serve the minor subdivision with Phase I. A 2.116 acre City park is proposed on the north side of the subdivision on Block 1, Lot 1, and has been reviewed and approved with the Master Site Plan. Development of the property would take place in two phases. Phase I is on the north side of the plat consisting of 3 lots; Phase II is on the southwest side and consists of 2 lots. Lot 1, Block 1 shows the location of the proposed Lantern Park which would be installed with Phase I of 2131 Graf Apartments project. The Lantern Park is being constructed in cooperation with Nexus Point Apartments project located immediately to the north. This parkland consists of a combined 3.374 acres located in the Northeast corner of the property. The park wouldinclude pavilions, a dog park, a playground area as well as an exercise trail, and equipment. In addition, 0.62 acres of a narrow 30-footwide public park easementis being provided within the trail corridor on the West boundary of the project within Block 2, Lots 1 and 2. The Applicant previously coordinated with the City of Bozeman Parks and Recreation Department on the layout and development of the park plan and received approval from the Parks Department’s Subdivision Review Board. The subdivision would have a trail corridor that would give pedestrians east-west access through the development to South 19th Avenue. Sidewalks would be installed on both sides of South 21st Avenue from the existing Lantern Drive to Graf Street. A pedestrian trail connecting the park sidewalks to 19th Street would also be constructed with the park development. A footbridge for the park pedestrian connection has been constructed across the East Catron Creek tributary wetlands. The site wetland area is located within Block 1, lot 2, and Block 1, Lot 3. The Site has an approved Master Site Plan for a two-Phase developmentof 457 apartment dwelling units, a clubhouse, a maintenance building, parking, common open space, landscaping, and the south half of the new Lantern City Park. The development has an approved Phase 1 Site Plan for 198 apartment dwelling units. The development was approved as rental housing on the existing, single lot under single ownership. A Property Owners Association (POA) will be established with 46 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 2 of 30 the Final Plat along with a Covenants, Conditions and Restrictions (CC&R) document outlining how common areas and facilities would be properly maintained. Project Legal Description: 2131 Graf Street Minor Subdivision, a minor subdivision of Lot 2 of Minor Subdivision Number 235 containing 25.999 acres of land. Project Location:The property is addressed as 2131 Graf Street and is located at the northwest former of S. 19th Avenue and Graf Street in the NE ¼ of S23, T2 S, R5 E, P.M.M, City of Bozeman, Gallatin County, Montana. Development Review Committee (DRC)/Staff Finding: On December 15, 2022, the DRC found that the application conforms to standards and is sufficient for approval with conditions and code provisions. City Commission Action:On January 10, 2023, having reviewed and considered the application materials, public comment, and all the information presented, the Commission, by a unanimous vote of 5 to 0, adopted the findings presented in the staff report for application 22188 and moved to approve the 2131 Graf Street Minor Subdivision preliminary plat with the recommended condition of approval and subject to all applicable code provisions. Report Date:January 13, 2023 Staff Contact: Susana Montana, Senior Planner Suzanne Ryan, Project Engineer Agenda Item Type:Consent (Quasi-judicial) EXECUTIVE SUMMARY This report is based on the application materials submitted and the public comment received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well at: https://weblink.bozeman.net/WebLink/Browse.aspx?id=266413&dbid=0&re No public comments have been received as of the writing of this report. Should written public comments be received they would be included in the City’s Laserfiche archive and available to the public. Unresolved Issues. There are no unresolved issues with this application. 47 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 3 of 30 Project Summary The Department of Community Development received a Preliminary Plat Application on July 2019 with revisions submitted in May 2020, September 2020, January 2021, September 2021, and this final revision on October 12, 2022. This report evaluates the October 12, 2022 submittal. The ~26 acre property (“Site”) will have access from the Graf Street which borders its south side and from a new extension of South 21st Avenue from the north that bisects the Site in a north-south orientation. A new extension of Lantern Drive from the west will provide access from the north and west. On December 15, 2022 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the condition and code provisions identified in this report. Public notice began on November 11, 2022 and continues until the Commission meeting on January 10, 2023. A second public notice posting of the property and mailing for the January 10th Commission meeting was made on December 23, 2022. The subdivider did not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this report. Pursuant to State statute 76.3-609, preliminary plat subdivision applications, the final decision for this preliminary plat must be made within 35 days of the date the DRC deemed the application as complete, which would be January 17, 2023. BMC Section 38.240.140A.2 delegates review of minor subdivision applications to the Community Development Director rather than the Community Development Board acting in their capacity as the Planning Board. The Director reviewed this application for compliance on December 29, 2022. Alternatives 1. Approve the application with the recommended condition and code provisions; 2. Approve the application with modifications to the recommended condition and code provisions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 48 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 4 of 30 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues............................................................................................................... 2 Project Summary................................................................................................................. 3 Alternatives......................................................................................................................... 3 SECTION 1 – MAP SERIES.......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ............................................................................... 11 SECTION 3 – RECOMMENDED CONDITION OF APPROVAL............................................ 11 SECTION 4 – CODE PROVISIONS........................................................................................... 11 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS............................................ 12 SECTION 6 – STAFF ANALYSIS and findings......................................................................... 12 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC........................... 12 BMC 38.220.060 Documentation of compliance with adopted standards....................... 14 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 20 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 23 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 28 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 30 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF................................. 30 FISCAL EFFECTS....................................................................................................................... 30 APPLICATION LINK.................................................................................................................. 30 49 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 5 of 30 SECTION 1 – MAP SERIES Figure 1 – Zoning Site 50 Page 6 of 30 Figure 2 –Proposed Five-Lot Preliminary Plat 51 Page 7 of 30 Figure 3 –Two-Phase Approved Master Site Plan 52 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 8 of 30 Figure 4: Approved Phase I East Site Plan (northeast portion of subdivision) 53 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 9 of 30 Figure 5: Approved Phase I West Site Plan (southeast portion of subdivision) 54 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 10 of 30 Figure 6: Overall Lantern Park Plan—Applicant to build the southern portion; Nexus Point developer to build the northern portion. 55 Page 11 of 30 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITION OF APPROVAL Please note that this condition is in addition to any required code provisions identified in this report. These condition is specific to this project. Recommended Condition of Approval: 1. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or state law. SECTION 4 – CODE PROVISIONS All references are to the Bozeman Municipal Code (BMC). 1. BMC Section 38.100.080. Compliance with regulations required. The final plat must comply with State statute, the Administrative Rules of Montana, and the Bozeman Municipal Code. 2.BMC Section 38.270.030. The Applicant is advised that all common subdivision infrastructure including roads, water, sanitary sewer, stormwater, sidewalk and lighting must be complete and accepted before final plat approval. This includes Lantern Drive, South 21st Avenue, widening of South 19th Avenue, and improvements along West Graf Street including sidewalks, lighting, water, and sewer facilities. 3. BMC Section 38.270.090.C. Common Area Maintenance Plan. a. Prior to final plat approval, a maintenance access easement from the City is required for developer/Property Owner Association (POA) in order to assure City access to stormwater features within designated public park lands within these lots. b.The Applicant must prepare easement documents that include the area of access for stormwater feature maintenance. c.The Applicant must provide an exhibit with the stormwater maintenance plan identifying all the stormwater features that the POA needs to maintain and have that included in the POA Covenants, Conditions & Restrictions (CC&R) document recorded with the Gallatin County Clerk and Recorder. 4. BMC Section 38.220.070.A.8.h and 38.410.130.D. Transfer of water rights. Note Number 5 is included in the Plat Sheet 4, Conditions of Approval sheet, advising prospective buyers that cash-in-lieu of water rights must be paid for these lots with future development of the lot. 56 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 12 of 30 5.BMC Section 38.410.060.D. Agricultural Water Facilities. East Catron Creek conveys irrigation water, therefore, easements for the Agricultural Water User apply. Prior to final plat approval, the developer must establish an agricultural water user facility easement pursuant to Sec. 38.410.060.D. for the portion East Catron Creek crossing the subject property. 6. BMC Section 38.420. Parks. a.A preconstruction meeting with the Park Division is required prior to any site work. Applicants to provide most recent park plans and request meeting at least 30 days prior to commencement of parkland construction. b.All park wells, irrigation infrastructure, and water rights would be transferred to and owned by the City of Bozeman. c.Easements for trails within open space parcels must include agreement to utilize city-wide wayfinding and allow parks staff to install and/or repair wayfinding. d.Private utilities are not allowed within parkland. Non-park related public utilities are only allowed within the defined Public Utility Easements (PUE). 7. BMC Section 38.410.060.A.1. All easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS On December 15, 2022, the Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with a condition and required BMC code provisions. On January 10, 2023, at 6:00 P.M., the City Commission held a public meeting on this minor subdivision preliminary plat. A WebEx link was provided with the City Commission agenda. No members of the public attended or called in or wrote in comments on the application. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, State statutes and municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 57 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 13 of 30 1) Compliance with development standards and policies of the City, the City’s Growth Policies, zoning standards, and the survey requirements of Part 4 of the Montana Subdivision and Platting Act. Appendix A of this report outlines how the preliminary plat would positively address the Growth Policies of the Bozeman Community Plan. The proposed five lots meet the requirements of the Bozeman Municipal Code (BMC). The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in Code provision No. 1, the final plat must comply with State statute Administrative Rules of Montana, and the Bozeman Municipal Code. The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. Per Condition of Approval No. 1, the subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify the condition of approval and code provisions necessary to meet all municipal standards and mitigate potential adverse impacts associated with development of this subdivision. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of the condition and all code provisions the subdivision would comply with the subdivision regulations. 2) Public notice and Comment in compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act. The City Commission public meeting was properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The subdivider requested review of this subdivision under the terms of 76-3-616 MCA for minor subdivisions, as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on June 16, 2022 and the DRC reviewed the preliminary plat application and determined the submittal did not contain the detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on October 12, 2022. On November 11, 2022, the DRC determined the application was adequate for public notice and the Applicant initiated the public notice procedures of mailing to adjacent property owners and posting a sign on the property. The Applicant posted a public notice on the subject property on November 11, 2022. The Applicant sent public notice to physically adjacent landowners and any purchasers under contract of proposed lots via certified mail, and to all other landowners of record within 200- feet of the subject property via first-class mail, on November 11, 2022. No public comment has been received on this application. Due to unforeseen circumstances, the staff report for the 58 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 14 of 30 December 20, 2022 City Commission consideration of this Preliminary Plat did not make the deadline for the December 20th Commission agenda. Therefore, the application was re-advertised on December 23, 2022 for a January 10, 2023 City Commission meeting by posting the property and mailing to adjacent property owners. 3) Compliance with Chapter 38, BMC and other relevant regulations. Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes the Condition of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities would conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 4) Easements.The provision of easements to and within the subdivision for the location and installation of any necessary utilities. Code provision No. 5 requires the Applicant to establish an agricultural water users’ facility easement for that portion of East Catron Creek crossing the Site. Code provision No. 3 requires the Applicant to secure a maintenance access easement from the City for the Property Owners Association to access stormwater facilities within Park lots; this must be accomplished prior to final plat approval.Code Provision No. 7 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within dedicated street right of ways. 5) Lot Access.The provision of legal and physical access to each lot within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel. The final plat will provide legal and physical access to each parcel within the subdivision. All proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. 38.220.060 Documentation of compliance with adopted standards. The Development Review Committee (DRC) completed a subdivision pre-application plan review on December 22, 2021 and no variances were requested. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1.Surface Water.East Catron Creek runs North-South through the eastern portion of the site. East Catron Creek on the Site does not have a FEMA delineated floodplain. The approved Phase I Site Plan application, Project No. 19308, included the necessary wetland permits for the construction of 59 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 15 of 30 the bridge pedestrian crossings. All required permitting was done prior to construction, which has been completed. The tributary to East Catron Creek and the associated wetlands with wetland setbacks are included in Lots 2 and 3 on the plat. There is a recorded deed restriction covering the lands and wetlands of the creek in Document No. 2449987 recorded in 2013. There is a 50-foot wetland setback from the edge of the wetlands surrounding East Catron Creek which would be maintained by this subdivision and all construction would remain outside of this setback. 38.220.060.A.2.Floodplains.The tributary to East Catron Creek adjacent to the property is shown on Firm panel 30031C0814D and does not have a FEMA delineated floodplain. The subdivision is not located within a known floodplain. 38.220.060.A.3.Groundwater.Groundwater monitoring was conducted on the site in 2020 during the anticipated peak season for high groundwater levels. Seasonal high groundwater depths were at 4.11’ to 6.68’ on the Northwest side, 5.32’ to 6.11’ on the Northeast side, 4.58’ to 4.89’ on the Southeast side and 6.22’ to 6.68 on the Southwest side. The following standard language is shown as a condition of approval on Sheet 4 of the plat “This subdivision is in a known area of high groundwater. No crawl spaces or basements may be constructed. Sump pumps are not allowed to be connected to the sanitary sewer system or the stormwater drainage system. Sump pumps may not discharge onto streets or into the curb and gutter.” This is a standard provision to alert lot owners of the high ground water on the lot and to flooding hazards if a basement is built. This subdivision will avoid groundwater degradation through the utilization of City sewer and water mains as well as stormwater control measures in accordance with the City of Bozeman design standards. The groundwater recharge areas (opens space and stormwater retention ponds) will avoid being degraded through maintenance provided by the Owner’s Association. The project will have indoor water use provided by the City of Bozeman, while groundwater would be used for open space irrigation; 3.24 acres of lawn and garden irrigation will be provided by groundwater wells, up to 7.38 AF (or to 8.1 AF, using our exemption standard). The groundwater use for this project does not exceed 10 AF, so no water right permitting is required by DNRC. Each well cannot exceed a diversion rate of 35 GPM. 38.220.060.A.4.Geology – Soils – Slopes.A Geotechnical Report conducted for the property was submitted. The site is geologically characterized as containing gravel deposits which range from pebble to boulder size and include sand, silt, and clay. These deposits are generally alluvial terrace, abandoned channel and floodplain, remnant alluvial fan, and local glacial outwash. The gravel is predominately subrounded to subangular and reportedly extend down to as much as 165 feet. Upper tertiary sediments or sedimentary rock (Tsu) also frequent the Bozeman area according to the Montana Bureau of Mines and Geology (MBMG), Geologic Map of Montana. These formations consist of conglomerate, tuffaceous sandstone and siltstone, marlstone, and equivalent sediment and ash beds. 60 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 16 of 30 Based on the subsurface conditions encountered, the site falls under seismic Site Class D. Standard City Building Code requirements apply. 38.220.060.A.5.Vegetation.No vegetation currently rests on steep or unstable soils. No vegetation is currently on soils highly susceptible to wind or water erosion. The Nexus Point development immediately to the North was mapped for weeds and the following were found on-site: Henbane, Rush Skeletons, Thistles, Knapweeds and Hoary Alyssum. A weed management plan with 406 Weed Control and Braxton Development is under contract. The application with Gallatin County Weed District is included with this application. Wetlands are located on the eastern portion of the site but would not be altered.The subdivision is in accordance with the approved 2131 Graf Master Site Plan. The undisturbed portions of the property are undeveloped. The tributary to East Catron Creek and the associated wetlands with wetland setbacks would be located in Lots 2 and 3. 38.220.060.A.6.Wildlife.No significant wildlife areas exist on site. The area has historically been used as agricultural land and therefore is not a significant habitat for wildlife. The occasional deer and birds have been spotted on site by the Applicant before construction began. No known fish populations exist in East Catron Creek as the creek is dry for portions of the year. The implementation of temporary Best Management Practices (BMPs) during construction (e.g. silt fences, straw wattles) as well as permanent BMPs post construction including stabilization of the slopes with vegetation. All land included in the streets and public parks will be dedicated to the City of Bozeman for public use and enjoyment. All wetlands will be located in Lot 2 and Lot 3 with minimal impacts to the tributary to East Catron Creek and associated wetlands. A 50-foot setback is required and provided to minimize the degradation of the wetlands East Catron Creek. The Applicant received his “310 Permit” from the Gallatin Conservation District in May 2019 to relocate the portion of East Catron Creek on the Site and to add 2 additional pedestrian crossings across the relocated creek. It is not anticipated that subdivision of the subject property would adversely impact wildlife. Effects from humans would be minimal because the site does not contain significant wildlife. All wetlands would be located in Lot 2 and Lot 3 with minimal impacts to the tributary to East Catron Creek and associated wetlands. The implementation of temporary Best Management Practices (BMPs) during construction (e.g. silt fences, straw wattles) as well as permanent BMPs post construction including stabilization of the slopes with vegetation. All land included in the streets and public parks would be dedicated to the City of Bozeman for public use and enjoyment. All wetlands would be located in Lot 2 and Lot 3 with minimal impacts to the tributary to East Catron Creek and associated wetlands. A 50-foot setback is required to minimize the degradation of the wetlands East Catron Creek. 61 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 17 of 30 38.220.060.A.7.Agriculture.The Site is no longer in agricultural use. It is not anticipated that the development of the subdivision will have adverse impacts on Agriculture. 38.220.060.A.8.Agricultural Water User Facilities. There are no irrigation ditches or agricultural water user facilities located on the Site. The tributary to East Catron creek on the east side of the subdivision would not be significantly disturbed and is currently protected under a deeded wetlands per Document 2449987. Code provision No. 5 requires the Applicant to establish an agricultural water users’ facility easement for that portion of East Catron Creek crossing the Site. 38.220.060.A.9.Water and Sanitary Sewer. The City of Bozeman approved the infrastructure plans for water and sewer and provided a letter indicating that adequate capacity exists within the City system to serve the proposed subdivision. New water and sewer infrastructure is already installed on the site to serve the future development’s residents. The sewer main wouldconnect to the existing City of Bozeman system on South 21st Avenue. The water mains would be looped connected to the existing City of Bozeman system in South 21st Avenue and Graf Street.The sewer main would be extended from the existing 8” PVC stub at the intersection of Lantern Drive and South 21st Avenue. The sewer mains would be 8” in diameter to serve the future subdivision. The water main would connect to the existing City of Bozeman utilities at two locations. The first is the current stub at the intersection of Lantern Drive and South 21st Avenue and the second is a new tap located within Graf Street. The water mains would be 8” in diameter. The infrastructure has already been reviewed and approved by the City and DEQ. Code provision No. 2 assures that all infrastructure, including roads, water, sanitary sewer, stormwater facilities, sidewalks and street lighting must be complete and accepted by the City before final plat approval. This includes Lantern Drive, South 21st Street, the widening of 19th Avenue and improvements along Graf Street. Cash-in-lieu of water rights are proposed to be paid prior to final plat per Code provision No. 4. 38.220.060.A.10.Stormwater Management.The City of Bozeman approved the infrastructure plans for stormwater and the stormwater infrastructure was constructed in the spring of 2022 per approved plans. All water and sewer utilities will be installed at one time. Public storm utilities located within South 21st Avenue will be installed with the construction of Phase I. On Site stormwater facilities will be constructed with each phase. The construction of South 21st Avenue and the trail corridor sidewalks will be installed prior to receiving building occupancy. Code provision No. 2 assures that all infrastructure, including roads, water, sanitary sewer, stormwater facilities, sidewalks and street lighting must be complete and accepted by the City before final plat approval. This includes Lantern Drive, South 21st Street, widening of 19th Avenue and improvements along Graf Street. Code provision No. 3 requires the Applicant to provide an exhibit with the stormwater maintenance plan identifying all the stormwater features that the Property Owners Association (POA) needs to maintain and this information must be included in the final plat Covenants, Conditions and Restrictions (CC&R) document. 62 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 18 of 30 38.220.060.A.11.Streets, Roads and Alleys.The City of Bozeman has approved the infrastructure plans for streets, roads, and alleys. Roadway easements were dedicated with the Site Plan application and the roadways are anticipated for construction in the spring of 2022. Code provision No. 2 assures that all infrastructure, including roads, water, sanitary sewer, stormwater facilities, sidewalks and street lighting must be complete and accepted by the City before final plat approval. This includes Lantern Drive, South 21st Avenue, widening of 19th Avenue and improvements along Graf Street. An extension of existing South 21st Avenue is under construction and will tie into existing Graf Street. The local public roadway extension would maintain a 60’ ROW and would be installed per City of Bozeman and MDEQ roadway standards. No individual lots or tracts have access directly to arterial streets or roads. Upon acceptance of South 21st Avenue, this road would be maintained by the City of Bozeman. The public road of South 21st Avenue willbe dedicated to the City and would be maintained by the City. Interior drive lanes beyond the right of way will be maintained by the Owner’s Association or the lot’s respective owners. The subdivision has several different pedestrian pathways including a 10-foot wide public concrete sidewalk running North-South located on the West end of the site. An 8-foot wide public asphalt pathway running East-West through the middle of the site. An 8-foot wide pervious paver trail running North-South located on East end of the site connecting to Lantern Park and the existing sidewalk located along South 19th Avenue. A traffic impact study was performed by Marvin & Associates for both the Nexus Point and Graf Street Subdivision and is included in this submittal. It concluded that future traffic (year 2038) on area streets is projected to increase significantlyover current traffic volumes. Even with significant growth, in combination with full development of the Nexus Point & Graf Street Apartments development, all ofthe key intersectionswilloperate at or above LOS “C” and no mitigatingmeasures would be required at the study intersections. Pursuant to BMC 38.400.060.B.4, a Level of Service (LOS) “C” is deemed an acceptable service capacity. Walkability, Transit and Bike ability The City of Bozeman requires street frontage sidewalk to be installed with each phase. Sidewalks must be installed along the south side of Lantern Drive, both sides of the South 21st Avenue extension through the Site, along the north side of Graf Street and along the west side of South 19th Avenue. There is a mid-block pedestrian trail that bisects the Site in an east-west orientation that connects from South 19th Avenue, through the East Catron Creek wetlands, westward to a 30- foot wide public park easement along the Site’s western boundary. That easement would be developed by the Applicant as a publicly-accessible trail. Lastly, there is a public trail corridor easement that meanders along the eastern wetlands area in a north-south orientation from Graf Street to the north side of the new Lantern Park. 63 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 19 of 30 Please also see the discussion in Appendix A regarding walkability of this Site and area. Site plan applications for developments within the subdivision require pathways, sidewalks and bike parking facilities. 38.220.060.A.12.Non-Municipal Utilities.The Utilities were submitted, reviewed and approved for the 2131 Graf Site Plan application. 38.220.060.A.13.Land Use.A waiver is requested for Land Use Supplement information. The necessary land use information was submitted and reviewed with the 2131 Graf Site Plan application. 38.220.060.A.14.Parks and Recreation Facilities.A Park Plan and associated park and recreation facilities information was submitted, reviewed, and approved with the 2131 Graf Site Plan application. A parkland calculation table is included on Sheet 1 of the plat. Code provision No. 6 assures that the proper parkland is provided. Code Provision No. 3 requires the Applicant to secure a maintenance access easement from the City for the Property Owners Association to access stormwater facilities within Park lots; this must be accomplished prior to final plat approval. 38.220.060.A.15.Neighborhood Center Plan. This 26 acre development has its own “neighborhood center” with its clubhouses, trails, park and wetlands area. The necessary neighborhood center plan information was submitted, reviewed, and approved with the 2131 Graf Master Site Plan application. 38.220.060.A.16.Lighting Plan.The necessary lighting plan information was submitted, reviewed, and approved with the 2131 Graf Master Site Plan and Phase I Site Plan applications. The approved lighting plans included public street lighting and site lighting. Public street lighting was expected to be completed this past summer with the roadways. Code provision No. 2 assures that all infrastructure, including roads, water, sanitary sewer, stormwater facilities, sidewalks and street lighting must be complete and accepted by the City before final plat approval. This includes Lantern Drive, South 21st Street, widening of 19th Avenue and improvements along Graf Street. 38.220.060.A.17.Miscellaneous. The necessary information was submitted and reviewed with the 2131 Graf Site Plan application. Educational Facilities.A waiver is requested for Educational Facilities Supplement information. The project received Site Plan approval. Concurrent construction.Concurrent construction of public infrastructure with the site plan for Phase I was granted by the City and an Improvements Agreement and Financial Surety for completion of these improvements has been provided.Code provision No. 2 assures that all infrastructure, including roads, water, sanitary sewer, stormwater facilities, sidewalks and street lighting must be complete and accepted by the City before final plat approval. This includes Lantern Drive, South 21st Street, widening of 19th Avenue and improvements along Graf Street. 64 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 20 of 30 Hazards.There are no known potential hazards such as mining activity, potential subsidence, high pressure gas lines, dilapidated structure or high voltage power lines located within the proposed subdivision. Wildlands-urban interface.The subdivision is not located in the wildlands-urban interface per Gallatin County Wildlife Urban Interface Areas and Fire District Map. The land has been used for agriculture and has lain fallow for a number of years. There is not a significant habitat for wildlife on the Site. The occasional deer and birds have been spotted on the Site prior to construction activities. No known fish populations exist in the East Catron Creek as the creek is dry for portions of the year. Public Lands.Apart from the 2.1 acres of land proposed to be dedicated to the City for the Lantern Park on the Site and the Nexus Point subdivision, there are no public lands within 200 feet of the Site. Historical Features. The Site is former agricultural land that is now fallow. It is not anticipated that Historical Features will be encountered on the Site. 38.220.060.A.18.Affordable Housing.The proposed 457 apartment dwelling units are proposed to be market-rate rental units. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A.PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B.The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C.The matter of the preliminary plat application was considered by the City Commission at a public hearing on December 20, 2022 at which time the Department of Community Development Staff reviewed the project, submitted and summarized recommended conditions of approval, and summarized the public comment submitted to the City prior to the public hearing. D.The Applicant acknowledged understanding and agreement with the recommended conditions of approval, code provisions. E.The City Commission requested public comment at the public hearing on December 20, 2022 and no one sought to offer comment. F.It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Article 38.210, BMC, and 65 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 21 of 30 considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G.The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H.This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2023 BOZEMAN CITY COMMISSION _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ Mike Maas City Clerk 66 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 22 of 30 APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 67 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 23 of 30 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4, Residential High Density District. The intent of the R-4 residential medium density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services Growth Policy / Future Land Use Designation.The subject property is designated as Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. This proposed subdivision would provide rental apartment dwelling units exclusively. A similar apartment complex to the north, the Nexus Point development, would provide similar rental apartment units, a clubhouse for residents, half the Lantern Park, trails and wetland areas. The 2131 Graf Street development proposed for this 5-lot minor subdivision would be constructed in an area of the City that is emerging as a mixed homeowner and rental housing area. This neighborhood is emerging and is not yet fully developed with neighborhood-serving businesses, transit service or parks. The addition of housing and the residents’ purchasing power are expected to attract such businesses to the area and are expected to provide transit ridership demand. The development would have its own recreational and social clubhouse to foster/facilitate neighbors interacting. This serves as its own neighborhood center. This proposed subdivision is well-suited to implement the Urban Neighborhood by providing lots that would support apartment buildings in an area that is developing as a multi-household neighborhood. The area is developing as a neighborhood that would serve workers and students of the nearby Montana State University. 68 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 24 of 30 The multi-household lots would support construction of rental housing which is contemplated throughout the Bozeman Community Plan 2020. The growth policy encourages development to be walkable: Goal N-1: Support well-planned, walkable neighborhoods. The Community Plan’s Glossary (Appendix F) describes what they mean by neighborhoods as: “Neighborhood. A walkable area of Bozeman with a distinct character that may have some boundaries defined by physical barriers, such as major roads or railroads or by natural features, such as watercourses or topography. A neighborhood includes both geographic (place-oriented) and social (people oriented) components and is often characterized by residents sharing common amenities such as an elementary school, park, shops, community center or other similar elements. As a distinct and identified area, often with its own name, neighborhoods are recognized as fostering community spirit and a sense of place, factors recognized as important in community planning.” The Plan’s Glossary defines “Walkable” as: “Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street, parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit.” The Site and area are still developing as a neighborhood and a walkable neighborhood. The companion Nexus Point development immediately north of the Site features connecting trails, the wetlands nature area, a City Park, a clubhouse for residents, and a density that encourages residents interactions within these amenities. The proposed development provides its own 1.2 acre City Park as well as nearly 3 acres of common open space wetlands. The 1.2 acre City Park at the northeast corner of the Site is matched by a similar sized Park at the abutting the Site to the north at the proposed Nexus Point Major Subdivision. The Executive Park is located a half block west of the Site and a 9 acre City Park located northwest of the Site called “City Park 2” which is provided by the South University District Phase 3 development. Morning Star Elementary School is located less than a quarter mile to the east of the Site and Montana State University is located a couple blocks north of the Site. 69 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 25 of 30 The proposed subdivision meets or positively addresses the following Bozeman Community Plan 2020 goals and policies: N-1.1 Promote housing diversity. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-1.11 Enable a gradual and predictable increase in density in developed areas over time. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. N-4.4 Ensure an adequate supply of off leash facilities to meet the demand of Bozeman dog owners. The Lantern Park has a dog park area. DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. DCD-2.1 Coordinate infrastructure development, land use development, and other City actions and priorities through community planning. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. The “Gold Line” transit line maintains a bus stop about ¾ mile from Graf Street on 19th Avenue between Stucky and Kagy streets. Goal EPO-2: Work to ensure that development is responsive to natural features. EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adjacent trails, and amenities encouraging people to access them. EPO-2.2 Work with the U.S. Army Corps of Engineers to keep wetlands mitigation within the Gallatin Valley rather than locating to other watersheds. [The Applicant received his “310 Permit” from the Gallatin Conservation District in May 2019 to relocate the creek and road and add 2 additional pedestrian crossings across the relocated creek.] EPO-2.3 Identify, prioritize, and preserve key wildlife habitat and corridors. The Community Plan defines Site assets as follows: AGRICULTURAL WATER USER FACILITIES Agricultural water user facilities are defined as follows: Those facilities, which include but are not limited to ditches, pipes, and other water conveying facilities that provide water for irrigation and stock watering on agricultural lands, with said lands being defined in MCA 15-7-202 70 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 26 of 30 The following presumptions apply: 1. Agricultural uses are not generally urban uses. The transition of agricultural lands to urban uses would often remove the need for agricultural water user facilities within the urbanized area. Where a need for protection due to ongoing use for water conveyance can be demonstrated, provision for protection of the facility must be made. 2. The formal abandonment and removal of all agricultural water user facilities within the City must occur in accordance with Montana law. Should the beneficial use cease in the future, an easement for protection of agricultural water user facilities may be removed. 3. The use of agricultural water user facilities for stormwater does not constitute beneficial use for the purposes of presumption 2 above unless agreed to by the facility owner. Stormwater facilities may require separate easements or other procedures. 4. Agricultural Water User Facilities are subject to Section 70-17-112, and Section 85-7-2211 and 85-7-2212, MCA. The Natural Environment is defined as the physical conditions which exist within a given area, including land, water, mineral, flora, fauna, noise, light, and objects of historic or aesthetic significance. The following presumptions apply: 1. The natural environment is fundamentally linked with our economic development, as an attraction to new and expanding businesses, a tourist destination, and a basic component of Bozeman’s character. 2.The natural environment should be conserved and development should respect significant natural features and systems. Impacts to consider include road locations, stormwater treatment and discharges, potential contamination of ground or surface water, building placement, and others that may be identified through subdivision, zoning, data inventories, and other implementation tools. Mitigation of negative development impacts is required. WILDLIFE AND WILDLIFE HABITAT Wildlife means animals that are neither human, domesticated, nor feral descendants of commonly domesticated animals. Wildlife habitat means the place or type of habitat where wildlife naturally thrives. Habitat excludes areas developed for human use including agriculture. The following presumptions apply: 1. Lands within the designated urban area are typically utilized for development purposes and would have a minor impact on wildlife habitat. Watercourse corridors and wetlands are an exception to this presumption. The designated urban area includes all lands except the No City Services category shown on the future land use map. 2. The habitat needs of larger and/or predatory wildlife species such as deer, moose, bears, coyotes, or similar species would not be met within urban density development and would likely be in conflict with people. Therefore, these types of animals are found to be undesirable within the City boundaries. 71 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 27 of 30 3. Smaller species, especially birds, are compatible within urban density development and should be preserved, including the encouragement of suitable habitats. 4. High value wetlands, stream corridors, and similar high value habitats should be preserved in accordance with the City’s adopted standards. These provide a variety of recreational, environmental sustainability, and safety values such as flood control as well as habitat. Walkability.The growth policy encourages development to be walkable, which is defined in the glossary as: Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street, parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit. The Graf Street development, which is the subject of this subdivision preliminary plat, would provide its own neighborhood center in the park, open space, trails and clubhouse on the Site. The development provides the southern half of the new Lantern Park with the Nexus Point development providing the north half of the City park. Trails and the wetlands conservation area link the two developments to the Lantern Park. Enterprise Park is located a half block to the west of the Site and the South University District City Park 2 is located two blocks to the northeast. The additional density of the Graf Street and Nexus Point developments are expected to provide the “rooftops” needed to attract neighborhood-serving businesses to the area. The roads abutting the Site would be improved to City “complete streets” standards. The University of Montana is within walking and biking distance The site has a Walk Score of 4, a Transit score of zero, and a Bike Score of 49. Average walk score for the city as a whole is 48 out of 100. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. 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. This Site is in an undeveloped area of the City without nearby grocery stores and employment opportunities within a relatively short distance. There are no BMC development standards relating to the walk score. Overall, the City of Bozeman walk score is 47 out of 100. 72 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 28 of 30 Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description 2131 Graf Minor Subdivision is a proposed 5 lot minor subdivision, is within a R-4 (High Density Residential District) zoned property located directly West of South 19th Avenue and between Lantern Drive and Graf Street. The minor subdivision is located on a 25.99-acre parcel. Development plans for the property has already been reviewed and approved through a Master Site Plan and Phase I Site Plan, Project No. 19308 and 19309. South 21st Avenue would be extended between Lantern Drive and Graf Street with Phase I. Water and sewer main extensions 73 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 29 of 30 for the entire property would be installed to serve the minor subdivision with Phase I. A 2.6-acre park is proposed on the north side of the subdivision and has been reviewed and approved with the master site plan. Development of the property would be phased: Phase I = the north side consisting of 3 lots, Phase II = the south side consisting of 2 lots. Lot 1, Block 1 shows the location of the proposed subdivision Lantern Park which will be installed with Phase I of 2131 Graf Apartments project. The Lantern Park is being constructed in cooperation with Nexus Point Apartments project, located to the north. This parkland consists of 2.116 acres located in the Northeast corner of the property. The park will include pavilions, a dog park, playground area as well as an exercise trail and equipment. In addition, 0.62 acres of a public park easement will be provided within the trail corridor bordering the West side of the subdivision. The Applicant previously coordinated with the City of Bozeman Recreation and Parks Department on the layout and development of the park plan and received approval from the Parks Subdivision Review Board. The subdivision will have a trail corridor that will give pedestrian east-west access through the development to South 19th Avenue. Sidewalks will be installed on both side of South 21st Avenue from existing Lantern Drive to Graf Street. A pedestrian trail connecting the park sidewalks to 19th Street will be also be constructed with the park development. A footbridge for the park pedestrian connection has been constructed across the East Catron Creek wetlands. The stormwater design for the development will consist of different aspects throughout the site that include surface drainage, pervious pavers, sub-surface retention chambers and gravel infiltration systems. The public roadway along South 21st Avenue will utilize four curb inlets to convey water runoff to an underground storage/infiltration system. The interior drainage of the development will utilize several pervious paver retention/infiltration systems located within proposed parking and buried gravel infiltration systems located in future landscaped areas. Water and sewer mains will be extended from existing City of Bozeman utilities. The sewer main will be extended from the existing 8” PVC stub at the intersection of Lantern Drive and South 21st Avenue. The sewer mains will be 8” in diameter to serve the future subdivision. The water main will connect to the existing City of Bozeman utilities at two locations. The first being the current stub at the intersection of Lantern Drive and South 21st Avenue and the second being a new tap located within Graf Street. The water mains will be 8” in diameter. The infrastructure has already been reviewed and approved by the City and DEQ. All water and sewer utilities will be installed at one time. Public storm utilities located within South 21st Avenue will be installed with the construction of Phase I. On Site stormwater facilities will be constructed with each phase. The construction of South 21st Avenue and the trail corridor sidewalks will be installed prior to receiving building occupancy for any lot. 74 22188; 2131 Graf Minor Subdivision Preliminary Plat Finding of Fact Staff Report Page 30 of 30 The site has a wetland area is located within Block 1, lot 2 and Block 1, Lot 3. As noted above, the Site has an approved Master Site Plan for a two phase development of 457 apartment dwelling units, a clubhouse, a maintenance building, parking, common open space, landscaping and a City Park. The development has an approved Phase 1 Site Plan for 198 apartment dwelling units. The development was approved as rental housing on the existing, single lot under single ownership. APPENDIX C – NOTICING AND PUBLIC COMMENT Per BMC 38.220.420, public notice for this subdivision preliminary plat Commission action must be provided at least 15 and not more than 45 days prior to the City Commission action. The application was originally scheduled for the December 20, 2022 City Commission meeting and public notice for that public meeting began on November 11, 2022. The Applicant posted public notice on the subject property on November 11, 2022 and sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on that same date. However, due to unforeseen illness of the reviewing planner, the staff report for the December 20th Commission date was delayed and a new public notice for the new January 23, 2023 Commission meeting was initiated on December 23, 2022. As of the date of this report, January 13, 2023, no public comment has been received. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Will Ralph of Graf Apartments LLC; P.O. Box 11890, Bozeman, MT 59719 Applicant:Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman, MT 59718 Representative:Erik Ringsak of Madison Engineering Report By: Susana Montana, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds would be changed by this subdivision. APPLICATION LINK The full application and file of record can be viewed digitally at https://weblink.bozeman.net/WebLink/Browse.aspx?id=266413&dbid=0&re select the “Project Documents Folder” link and navigate to application 22188, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 75 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer II Lance Lehigh, Interim City Engineer SUBJECT:Recommend Rejecting All Bids for the 2022 3rd, 4th, and 5th Water Renovations Project and Rebidding the Project at a Later Date MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Recommend Rejecting All Bids for the 2022 3rd, 4th, and 5th Water Renovations Project and Rebidding the Project at a Later Date. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of the bid results for the above mentioned project. The project generally includes: Replacement of existing water mains consisting of 6” asbestos concrete, 6” cast iron, and 4” cast iron. The mains are located within: N 4th and 5th Ave from W Peach St to W Villard St, N 3rd St from W Peach St to W Lamme St, W Peach St from N 5th Ave to N 3rd Ave, and W Villard St from N 6th Ave to N 3rd Ave. These mains are to be replaced with approximately 4839 linear feet of 8” ductile iron water main and appurtenances. Additional replacement includes replacement of existing 10- inch cast iron water main located in the W Beall St intersection with N 3rd Ave with approximately 52 linear feet of 10-inch ductile iron pipe. The purpose of this work is to replace the City water main generally back in its existing location which will improve reliability and maintenance operations for City Staff. Bids for the above-referenced project were opened on November 30th with only 1 bid being submitted. The bid was submitted by Omdahl Excavation and Utilities in the amount of $1,709,285.00 for the combined Schedule 1 and 2 bid which was 12% over the engineer’s estimate. Several plan holders indicated post bid opening they would have submit a bid given more time. Staff believes rebidding will bring more submitted bids and more competitive pricing. In the opinion of City staff, this bid is not commensurate with the scope of the project and is not a responsible use of City funds. Therefore, City Staff recommends rejecting this bid and re-advertising the project later this winter. UNRESOLVED ISSUES:None 76 ALTERNATIVES:Authorize the City Manager to sign the Notice of Award to Omdahl Excavation and Utilities for the Total Schedule 1 Base Bid, Total Schedule 2 Bid, plus miscellaneous work in the amount of $1,709,285.00. FISCAL EFFECTS:None Attachments: Bid Tab Bid Worksheet Notice Of Award Report compiled on: January 9, 2023 77 NAME & ADDRESS Contractor License #Bid Price Omdahl Excavation and Utilities 659 Morning Mist Rd Manhattan, MT 59741 37068 Yes Yes $ 1,625,955.00 Mike Maas Taylor Chambers City Clerk Deputy City Clerk Bid Check:Delivered to Finance:Accepted By:Date: 1 2 3 4 City of Bozeman BID - 3rd 4th and 5th Avenue Water Renovations These bids were opened and read before the undersigned at 3:30 PM on Wednesday, NON- DISCRIMINATION BID BOND DocuSign Envelope ID: 006052EB-16AF-4F59-9721-E7E8DB08294B 78 2022 3rd 4th and 5th Water Renovation (#8320003)Owner: Bozeman MT, City ofSolicitor: Bozeman MT, City of11/30/2022 03:30 PM MSTEngineer Estimate Omdahl Excavation & Utilities, Inc.Section Tit Line Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price ExtensionSchedule 1$1,414,446.00 $1,595,955.00101 101 Taxes, Bonds, Insurance LS 1 $30,000.00 $30,000.00 $48,000.00 $48,000.00102 102 Mobilization LS 1 $80,000.00 $80,000.00 $75,000.00 $75,000.00103 103 Connect to Existing Main Ea 9 $2,500.00 $22,500.00 $2,500.00 $22,500.00104 104 8" MJ Gate Valve w/ Valve Box Ea 29 $3,000.00 $87,000.00 $4,500.00 $130,500.00105 105 10" MJ Gate Valve w/ Valve Box Ea 2 $3,500.00 $7,000.00 $5,000.00 $10,000.00106 106 8" x 6" MJ Reducer Ea 4 $850.00 $3,400.00 $1,000.00 $4,000.00107 107 8" x 4" MJ Tee Ea 1 $1,200.00 $1,200.00 $1,500.00 $1,500.00108 108 8" x 6" MJ Tee Ea 6 $1,300.00 $7,800.00 $1,600.00 $9,600.00109 109 8" x 8" MJ Tee Ea 4 $1,400.00 $5,600.00 $1,600.00 $6,400.00110 110 8" x 8" MJ Cross Ea 3 $2,200.00 $6,600.00 $2,250.00 $6,750.00111 111 10" x 8" MJ Cross Ea 1 $2,500.00 $2,500.00 $2,750.00 $2,750.00112 112 90 Degree MJ Bend Ea 1 $1,000.00 $1,000.00 $1,100.00 $1,100.00113 113 8" MJ Cap Ea 1 $500.00 $500.00 $750.00 $750.00114 114 8" Class 51 Ductile Iron Pipe Ln Ft 4839 $88.00 $425,832.00 $105.00 $508,095.00115 115 10" Class 51 Ductile Iron Pipe Ln Ft 52 $93.00 $4,836.00 $120.00 $6,240.00116 116 Remove & Dispose Existing Asbestos Cement Pipe Ln Ft 2464 $46.00 $113,344.00 $20.00 $49,280.00117 117 Service Reconnection Within Trench 2" & Smaller Ea 87 $900.00 $78,300.00 $1,000.00 $87,000.00118 118 Service Reconnection Within Trench 4" & Larger Ea 1 $2,000.00 $2,000.00 $4,200.00 $4,200.00119 119 Service Reconnection Beyond Trench 2" & Smaller Ln Ft 31 $90.00 $2,790.00 $120.00 $3,720.00120 120 Fire Hydrant 6.0' Bury Ea 1 $6,500.00 $6,500.00 $7,300.00 $7,300.00121 121 Fire Hydrant 7.0' Bury Ea 2 $6,500.00 $13,000.00 $7,500.00 $15,000.00123 123 Connection to Existing Hydrnat Ea 3 $2,000.00 $6,000.00 $1,500.00 $4,500.00124 124 Remove Existing Hydrant Ea 2 $1,000.00 $2,000.00 $1,000.00 $2,000.00125 125 Insulation Ln Ft 4402 $12.00 $52,824.00 $25.00 $110,050.00126 126 Import Trench Backfill Cu Yd 724 $35.00 $25,340.00 $60.00 $43,440.00127 127 Flowable Fill Pipe Crossing Ea 14 $250.00 $3,500.00 $1,800.00 $25,200.00128 128 Traffic Control LS 1 $40,000.00 $40,000.00 $72,000.00 $72,000.00129 129 Asphalt Surface Restoration Sq Yd 3226 $80.00 $258,080.00 $80.00 $258,080.00130 130 Temporary Water System LS 1 $120,000.00 $120,000.00 $76,000.00 $76,000.00131 131 Locate & Repair Sewer Service Ea 5 $1,000.00 $5,000.00 $1,000.00 $5,000.00Miscellaneous Work$25,000.00 $25,000.00132 132 Miscellaneous Work Ea 25000 $1.00 $25,000.00 $1.00 $25,000.00Schedule 2$82,016.00 $83,330.00204 204 8" MJ Gate Valve w/ Valve Box Ea 1 $2,500.00 $2,500.00 $4,500.00 $4,500.00208 208 8" x 6" MJ Tee Ea 1 $1,200.00 $1,200.00 $1,600.00 $1,600.00209 209 8" x 8" MJ Tee Ea 1 $1,200.00 $1,200.00 $1,600.00 $1,600.00214 214 8" Class 51 Ductile Iron Pipe Ln Ft 290 $88.00 $25,520.00 $105.00 $30,450.00219 219 Service Reconnection Beyond Trench 2" & Smaller Ln Ft 87 $90.00 $7,830.00 $120.00 $10,440.00222 222 Fire Hydrant 7.5' Bury Ea 1 $6,500.00 $6,500.00 $7,800.00 $7,800.00225 225 Insulation Ln Ft 48 $12.00 $576.00 $25.00 $1,200.00227 227 Flowable Fill Pipe Crossing Ea 1 $250.00 $250.00 $1,800.00 $1,800.00228 228 Traffic Control LS 1 $6,000.00 $6,000.00 $2,000.00 $2,000.00229 229 Asphalt Surface Restoration Sq Yd 193 $80.00 $15,440.00 $80.00 $15,440.00230 230 Temporary Water System LS 1 $15,000.00 $15,000.00 $6,500.00 $6,500.00Schedule 2 Miscellaneous Work$5,000.00 $5,000.00232 232 Miscellaneous Work Ea 5000 $1.00 $5,000.00 $1.00 $5,000.00Base Bid Total:$1,444,446.00 $1,625,955.00 79 NOTICE OF AWARD Dated: __________________ TO: Omdahl Excavation & Utilities, Inc. ADDRESS: 659 Morning Mist Road, Manhattan, MT 59741 PROJECT: 2022 3rd 4th and 5th Water Renovation CONTRACT FOR: 2022 3rd 4th and 5th Water Renovations You are notified that your Bid opened on November 30, 2022, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: 2022 3rd 4th and 5th Water Renovation. The Contract Price of your Contract is: One Million Seven Hundred Nine Thousand Two Hundred Eighty- Five Dollars & 00/100 ($1,709,285.00). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. One (1) set of the contract Documents will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date you receive this Notice of Award: 1. You must deliver to the OWNER Three (3) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (Article 20), and the General Conditions (paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK) DATE: _______________________________ 80 Memorandum REPORT TO:City Commission FROM: Nakeisha Lyon, Associate Planner, Development Review Division Brian Krueger, Manager, Development Review Division Anna Bentley, Director, Community Development Department SUBJECT:Approval of Norton East Ranch Phase 5A Major Subdivision Final Plat Application to Divide 35.56 Acres into Fifty-one (51) Single Household Residential lots, One (1) Park Parcel, and One (1) Remainder Restricted Development Lot Needing Further Subdivision Review, and Associated Roads and Public Infrastructure, Located Northwest of the Intersection of West Babcock Street and Laurel Parkway, Application 22063 - Quasi-Judicial MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Norton East Ranch Phase 5A Major Subdivision Final Plat Application STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Norton East Ranch Phase 5 Major Subdivision Preliminary Plat Findings of Fact and Order (FOF) was approved by the City Commission on March 9, 2021 (Application No. 21024) and the FOF was signed on March 23, 2021. The entire Norton East Ranch Phase 5 Preliminary Plat covers 79.3 acres of undeveloped land to be divided into 138 single-household lots, 5 common open space lots, 5 city park lots, 4 restricted development lots (Phase 6) needing further subdivision review, and associated roads and public infrastructure. This final plat application is for Phase 5A of the Norton East Ranch Subdivision to divide 35.56 acres into fifty-one (51) single household residential lots, one (1) park parcel, and one (1) remainder restricted development lot needing further subdivision review. The buildable area included within this Phase 5A Final Plat is 6.05 acres with 3.22 acres devoted to North El Dorado Avenue, Sandpiper Road, Westgate Avenue, and North Reliance Avenue ROWs and 0.53 acres for the city park. The remainder restricted lot accounts for 25.74 acres of the 35.56 acre Phase 5 parcel. Pursuant to Bozeman Municipal Code (BMC) Section 38.240.160.A.3, Final Plat applications for the remaining restricted lots would be submitted by the 81 development within 3 years of the date of the signing of the Preliminary Plat Findings of Fact and Order (FOF), which was March 23, 2021. The land is zoned R-2, Residential Moderate Density District and R-3, Residential Medium Density District. This Phase 5A Final Plat requires three Improvements Agreement (IA) and Financial Surety for street lighting; park improvements; open space improvements; sidewalk improvements; and water, sanitary sewer and storm water improvements. Three financial surety Letter of Credits in the total amount of $617,079.39 from Washington Trust Bank has been provided by the developer. Therefore, this Phase 5A Final Plat submittal meets/satisfies all conditions of approval and code provisions of the Preliminary Plat as well as the standards of MCA Sections 76-3-611(1) and 76-3-612 as certified by the City Attorney. The Norton East Ranch Phase 5A Final Plat Application no. 22063 can be viewed here. UNRESOLVED ISSUES:None ALTERNATIVES:None suggested or proposed FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Attachments: 22063 Commission Memo.pdf Report compiled on: January 5, 2023 82 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Nakeisha Lyon, Associate Planner, Community Development SUBJECT: Approve the Final Plat for Norton East Ranch Phase 5A Subdivision and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of Bozeman and authorize the Director of Community Development to execute the Improvements Agreements on behalf of the City of Bozeman; Application No. 22063. Quasi-Judicial STRATEGIC PLAN: 4.2 High Quality Urban Approach. Continue to support high quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. MEETING DATE: January 23, 2023 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the Final Plat for Norton East Ranch Phase 5A Subdivision and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of Bozeman and authorize the Director of Community Development to execute the Improvements Agreements on behalf of the City of Bozeman. BACKGROUND: The Norton East Ranch Phase 5 Major Subdivision Preliminary Plat Findings of Fact and Order (FOF) was approved by the City Commission on March 9, 2021 (Application No. 21024) and the FOF was signed on March 23, 2021. The entire Norton East Ranch Phase 5 Preliminary Plat covers 79.3 acres of undeveloped land to be divided into 138 single-household lots, 5 common open space lots, 5 city park lots, 4 restricted development lots (Phase 6) needing further subdivision review, and associated roads and public infrastructure. This final plat application is for Phase 5A of the Norton East Ranch Subdivision to divide 35.56 acres into fifty-one (51) single household residential lots, one (1) park parcel, and one (1) remainder restricted development lot needing further subdivision review. The buildable area included within this Phase 5A Final Plat is 6.05 acres with 3.22 acres devoted to North El Dorado Avenue, Sandpiper Road, Westgate Avenue, and North Reliance Avenue ROWs and 0.53 acres for the city park. The remainder restricted lot accounts for 25.74 acres of the 35.56 acre Phase 5 parcel. Pursuant to Bozeman Municipal Code (BMC) Section 38.240.160.A.3, Final Plat applications for the remaining restricted lots would be submitted by the development within 3 years of the date of the 83 signing of the Preliminary Plat Findings of Fact and Order (FOF), which was March 23, 2021. The land is zoned R-2, Residential Moderate Density District and R-3, Residential Medium Density District. This Phase 5A Final Plat requires three Improvements Agreement (IA) and Financial Surety for street lighting; park improvements; open space improvements; sidewalk improvements; and water, sanitary sewer and storm water improvements. Three financial surety Letter of Credits in the total amount of $617,079.39 from Washington Trust Bank has been provided by the developer. Therefore, this Phase 5A Final Plat submittal meets/satisfies all conditions of approval and code provisions of the Preliminary Plat as well as the standards of MCA Sections 76-3-611(1) and 76-3-612 as certified by the City Attorney. The Norton East Ranch Phase 5A Final Plat Application no. 22063 can be viewed here. §76-3-611(1), MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and (b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. Staff finds that all terms and conditions of the preliminary plat approval have been met. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. UNRESOLVED ISSUES: None identified. ALTERNATIVES: None suggested or proposed. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Report compiled on: January 11, 2023 84 Memorandum REPORT TO:City Commission FROM: Nakeisha Lyon, Associate Planner, Development Review Division Brian Krueger, Manager, Development Review Division Anna Bentley, Director, Community Development Department SUBJECT:Approval of Norton East Ranch Phase 5B Major Subdivision Final Plat Application to divide 25.74 Acres Together and Create Forty-three (43) Single Household Residential Lots, Three (3) Park Parcels, Four (4) Open Space Lots, One (1) Remainder Restricted Development Lot Needing Further Subdivision Review, and Associated Roads and Public Infrastructure, Located Northwest of the Intersection of West Babcock Street and Laurel Parkway, Application 22203 - Quasi-Judicial MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Norton East Ranch Phase 5B Major Subdivision Final Plat Application contingent upon approval and recording of Norton East Ranch Phase 5A Major Subdivision Final Plat STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Norton East Ranch Phase 5 Major Subdivision Preliminary Plat Findings of Fact and Order (FOF) was approved by the City Commission on March 9, 2021 (Application No. 21024) and the FOF was signed on March 23, 2021. The entire Norton East Ranch Phase 5 Preliminary Plat covers 79.3 acres of undeveloped land to be divided into 138 single-household lots, 5 common open space lots, 5 city park lots, 4 restricted development lots (Phase 6) needing further subdivision review, and associated roads and public infrastructure. This final plat application is for Phase 5B of the Norton East Ranch Subdivision to divide 25.74 acres together into forty-three (43) single household residential lots, three (3) park parcels, four (4) open space lots, and one (1) remainder restricted development lot needing further subdivision review. The buildable area included within this Phase 5B Final Plat is 6.39 acres with 3.24 acres devoted to North El Dorado Avenue, Flycatcher Drive, Westgate Avenue, Gooseberry Drive, and North Reliance Avenue ROWs and 2.58 acres for the city parks and .38 acres for open space 85 lots. The remainder restricted lot accounts for 13.15 acres of the 35.56 acre Phase 5 parcel. Pursuant to Bozeman Municipal Code (BMC) Section 38.240.160.A.3, Final Plat applications for the remaining restricted lots would be submitted by the development within 3 years of the date of the signing of the Preliminary Plat Findings of Fact and Order (FOF), which was March 23, 2021. The land is zoned R-2, Residential Moderate Density District and R-3, Residential Medium Density District. This Phase 5B Final Plat requires three Improvements Agreement (IA) and Financial Surety for street lighting; park improvements; open space improvements; sidewalk improvements; and water, sanitary sewer and storm water improvements. Three financial surety Letter of Credits in the total amount of $672,931.59 from Washington Trust Bank has been provided by the developer. Therefore, this Phase 5B Final Plat submittal meets/satisfies all conditions of approval and code provisions of the Preliminary Plat as well as the standards of MCA Sections 76-3-611(1) and 76-3-612 as certified by the City Attorney. As this final plat application further subdivides Norton East Ranch Phase 5A, it may only be approved if Phase 5A is approved. The Norton East Ranch Phase 5B Final Plat Application no. 22203 can be viewed here. UNRESOLVED ISSUES:None ALTERNATIVES:None suggested or proposed FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Attachments: 22203 Commission Memo.pdf Report compiled on: January 5, 2023 86 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Nakeisha Lyon, Associate Planner, Community Development SUBJECT: Approve the Final Plat for Norton East Ranch Phase 5B Subdivision and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of Bozeman and authorize the Director of Community Development to execute the Improvements Agreements on behalf of the City of Bozeman; Application No. 22203. Quasi-Judicial STRATEGIC PLAN: 4.2 High Quality Urban Approach. Continue to support high quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. MEETING DATE: January 23, 2023 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the Final Plat for Norton East Ranch Phase 5B Subdivision and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of Bozeman and authorize the Director of Community Development to execute the Improvements Agreements on behalf of the City of Bozeman. The approval of this Final Plat may only occur if the Norton East Ranch Phase 5A Major Subdivision Final Plat Application is approved. BACKGROUND: The Norton East Ranch Phase 5 Major Subdivision Preliminary Plat Findings of Fact and Order (FOF) was approved by the City Commission on March 9, 2021 (Application No. 21024) and the FOF was signed on March 23, 2021. The entire Norton East Ranch Phase 5 Preliminary Plat covers 79.3 acres of undeveloped land to be divided into 138 single-household lots, 5 common open space lots, 5 city park lots, 4 restricted development lots (Phase 6) needing further subdivision review, and associated roads and public infrastructure. This final plat application is for Phase 5B of the Norton East Ranch Subdivision to divide 25.74 acres together into forty-three (43) single household residential lots, three (3) park parcels, four (4) open space lots, and one (1) remainder restricted development lot needing further subdivision review. The buildable area included within this Phase 5B Final Plat is 6.39 acres with 3.24 acres devoted to North El Dorado Avenue, Flycatcher Drive, Westgate Avenue, Gooseberry Drive, and North Reliance Avenue ROWs and 2.58 acres for the city parks and .38 acres for open space lots. The 87 remainder restricted lot accounts for 13.15 acres of the 35.56 acre Phase 5 parcel. Pursuant to Bozeman Municipal Code (BMC) Section 38.240.160.A.3, Final Plat applications for the remaining restricted lots would be submitted by the development within 3 years of the date of the signing of the Preliminary Plat Findings of Fact and Order (FOF), which was March 23, 2021. The land is zoned R-2, Residential Moderate Density District and R-3, Residential Medium Density District. This Phase 5B Final Plat requires three Improvements Agreement (IA) and Financial Surety for street lighting; park improvements; open space improvements; sidewalk improvements; and water, sanitary sewer and storm water improvements. Three financial surety Letter of Credits in the total amount of $672,931.59 from Washington Trust Bank has been provided by the developer. Therefore, this Phase 5B Final Plat submittal meets/satisfies all conditions of approval and code provisions of the Preliminary Plat as well as the standards of MCA Sections 76-3-611(1) and 76-3-612 as certified by the City Attorney. As this final plat application further subdivides Norton East Ranch Phase 5A, it may only be approved if Phase 5A is approved. The Norton East Ranch Phase 5B Final Plat Application no. 22203 can be viewed here. §76-3-611(1), MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and (b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. Staff finds that all terms and conditions of the preliminary plat approval have been met. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. UNRESOLVED ISSUES: None identified. ALTERNATIVES: None suggested or proposed. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Report compiled on: January 11, 2023 88 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with TWAS Properties, LLC for the Tidal Wave Auto Spa (21358) MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with TWAS Properties, LLC for the Tidal Wave Auto Spa (21358). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Irrevocable Offer of Dedication Report compiled on: December 30, 2022 89 90 91 92 Memorandum REPORT TO:City Commission FROM:Alicia Paz-Solis, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with Town & Country Foods Inc for the Town & Country Foods Site Plan (19-207) MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with Town & Country Foods Inc for the Town & Country Foods Site Plan (19-207). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Sewer and Water Pipeline and Access Easement and Agreement Report compiled on: January 5, 2023 93 94 95 96 97 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement (3) and a Release and Reconveyance of Easements with Gallatin County for Gallatin County Courts Site Plan (22186) MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement (3) and a Release and Reconveyance of Easements with Gallatin County for Gallatin County Courts Site Plan (22186). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Sewer and Water Pipeline and Access Easement and Agreement(1) Sewer and Water Pipeline and Access Easement and Agreement(2) Sewer and Water Pipeline and Access Easement and Agreement(3) Release and Reconveyance of Easements Report compiled on: January 11, 2023 98 99 100 101 102 103 104 105 106 107 108 109 110 111 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Water Resources Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Utility Easement with Gallatin County for Gallatin County Regional Park Improvements Site Plan (22017) MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Utility Easement with Gallatin County for Gallatin County Regional Park Improvements Site Plan (22017). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Utility Easement Report compiled on: January 10, 2023 112 113 114 115 116 Memorandum REPORT TO:City Commission FROM:John Alston, Director of Utilities Lance Lehigh, PE, CFM, Interim City Engineer SUBJECT:Formal Recommendation to Amend the City’s 2015 Wastewater Facilities Plan Based on Findings and Analysis in the Attached Baxter Creek Drainage Basin Analysis Memorandum by Advanced Engineering and Environmental Services (AE2S) as Well as Incorporate the Final Recommendations into the City’s on-going Wastewater Facility Plan Update MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Amend the 2015 Wastewater Facilities Plan Based on Findings and Analysis in the Attached Baxter Creek Drainage Basin Analysis Memorandum by AE2S as Well as Incorporate the Final Recommendations into the City’s on-going Wastewater Facility Plan Update. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:A private development requested the City to evaluate and ultimately consider the possibility of splitting the Hidden Valley Lift Station (HVLS) into two smaller lift stations instead of one single large lift station as shown in the adopted 2015 Wastewater Collection Facilities Plan. On November 9, 2021, City Commission authorized an amendment to the City’s on-going wastewater facility plan update. The scope of the amendment was to evaluate lift station alternatives, specifically within the Baxter Creek Drainage Basin, in which the future HVLS would be located. See attached Amendment No. 1 to the Professional Services Agreement for reference. In line with this amendment, AE2S completed a feasibility study to evaluate future lift station alternatives within the Baxter Creek Drainage Basin. Specifically, servicing the Baxter Creek drainage basin with two smaller regional lift stations versus a single large regional lift station. Lift station and collection system concepts were evaluated based on lift station capacity, future service area, ground water levels, constructability, and consideration of the adjacent Davis Lane/ Cattail Creek Drainage service area. Two lift station alternatives were identified and further evaluated for 117 delaying or replacing the single regional HVLS with two smaller regional lift stations. The alternatives included a second lift station, the Valley Center Lift Station (VCLS), within the Baxter Creek Drainage Basin, which would be located on the south side of East Valley Center Road, east of Stubbs Lane near the East Valley Center Spur Road intersection. This location was determined to be advantageous for the City given its location within the sewer shed, location near a future City collector intersection (Ferguson Road), and suitable drainage area topography. Based on feasibility criteria, modeling results, and input from City staff, AE2S recommended two smaller lift stations to service the Baxter Creek Drainage Basin and the construction of the VLCS lift in the near-term to help support anticipated future development west of Davis Lane. The analysis also provided the City with long-term options for a second lift station or a regional alternative to service the Baxter Creek Drainage Basin as the City continues to grow west. The VCLS has the potential to serve approximately 600 acres. This alternative provides the City with a near-term solution to expand sewer utility service in the Baxter Creek Sewer Basin while providing long-term planning flexibility and satisfying City operational and maintenance issues. Additionally, the location of the VCLS is near a major City intersection and transportation corridor, which is advantageous when laying out future sewer networks and necessary support infrastructure, such as force mains. This final recommendation, presented in the attached technical memorandum, will amend the City’s adopted 2015 facility plan, and will be utilized as the planning basis for the Baxter Creek Drainage Basin. In addition, the results will be incorporated into the City’s on-going wastewater facility plan update, which is anticipated to be completed spring of 2023. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The expenditures are included in the 2024-2028 adopted CIP and will be included in the FY24 recommended budget. Attachments: G7. Amendment No. 1 to Professional Services Agreement Valley Center Lift Station Analysis Memo Report compiled on: January 12, 2023 118 Engineer’s Project #: P05097-2018-006 Page 1 of 2 Amendment No. 1 to Professional Services Agreement for: Wastewater Collection System Model Update – Phase 1 THIS AGREEMENT is made as of this ________ day of ____________________, 20 , between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as CITY and Advanced Engineering and Environmental Services, LLC an Engineering Consulting Firm of Bozeman, Montana, herein referred to as Consultant. WHEREAS, the parties have entered into a Professional Services Agreement dated February 24, 2020, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: Amend Section 1. Purpose: of the Original Agreement to add a new paragraph to read: City and Consultant agree to incorporate and Consultant agrees to perform additional Scope of Services attached hereto as “Attachment A – Wastewater Collection System Model Update – Phase 1 – Amendment 1”. Amend Section 4. Payment for Scope of Services: of the Original Agreement to add a new paragraph to read: City agrees to pay Consultant for the completion of the additional Scope of Services attached hereto as “Attachment A – Wastewater Collection System Model Update – Phase 1 – Amendment 1” a lump sum amount of $15,680.00. The Consultant’s billing rates in $/hr for its employees are included with this Attachment A as Table 1. Except as specifically amended herein, the Original Agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN ___________________________________ Jeff Mihelich City Manager ATTEST: ________________________________________ Mike Maas City Clerk 9th November 21 DocuSign Envelope ID: 27C66B41-00AE-4BD4-BD78-0E081DD698C1 119 Engineer’s Project #: P05097-2018-006 Page 2 of 2 APPROVED AS TO FORM ____________________________________ Greg Sullivan City Attorney CONSULTANT By:_______________________________________ Its:______________________________________ ATTEST: By:___________________________________ Operations Manager DocuSign Envelope ID: 27C66B41-00AE-4BD4-BD78-0E081DD698C1 By:Assistant City Attorney 120 Attachment A of Amendment No. 1 to Professional Services Agreement for: Wastewater Collection System Model Update – Phase I Page 1 of 1 ATTACHMENT A – Wastewater Collection System Model Update – Phase 1 – Amendment 1 DESCRIPTION OF SERVICES: Gallatin Meadows Subdivision Wastewater Collection System Analysis: CONTRACTOR will evaluate the proposed Gallatin Meadows Subdivision adjusted sewershed, proposed private lift station and alternative location for a regional lift station. CONTRACTOR will analyze collection system scenarios in hydraulic model. This work will include: ·Delineate new / revised sewersheds served by the proposed private lift station and alternative regional lift station. ·Compute full build-out wastewater demand to new private lift station and alternative regional lift station. ·Determine require pump(s) size for each lift station. ·Develop recommended subdivision sewer network layout, including pipe size and invert elevations. ·Develop forcemain alignment and size and connection point for each lift station. ·Develop model scenario to reflect proposed private lift station and alternative regional lift station. ·Summarize data used, calculations, methods, assumptions, and results of private lift station analysis in a Technical Memorandum. Deliverable: Technical Memorandum. Table 1: Hourly Billing Rates for Personnel to be Utilized on Amendment No. 1 Personnel, Classification Hourly Labor Rate Zach Magdol, Engineer III $168.00 Donovan Voeller, Engineer III $168.00 Maddie Thompson, Engineer I $119.00 DocuSign Envelope ID: 27C66B41-00AE-4BD4-BD78-0E081DD698C1 121 Exhibit A - The HVLS service area, also know as the Baxter Creek Drainage Basin. Newly Completed Davis Lane Lift Station The area highlighted in blue is the HVLS service boundary, also known as the Baxter Creek Drainage Basin. The service area is approximately 1,300 acres. Potential location for a second lift station in the Baxter Creek Drainage Basin. Identified future location of the Hidden Valley Lift Station (HVLS) as shown in the 2015 wastewater facility plan. DocuSign Envelope ID: 27C66B41-00AE-4BD4-BD78-0E081DD698C1 122 Page 1 of 13 TECHNICAL MEMORANDUM To: John Alston, Director of Utilities Lance Lehigh, PE, Interim City Engineer City of Bozeman, MT From: Donovan Voeller, PE, AE2S, Distribution & Collection System Modeling Services Coordinator Re: City of Bozeman (Wastewater Collection Facility Plan Update) Baxter Creek Drainage Basin Analysis Date: December 19, 2022 1 PURPOSE The City of Bozeman (City) is currently experiencing heavy development pressure within its existing service boundary. As a result, a number of proposed developments have recently inquired to the City about developing in future service areas that are located just outside the City’s existing service boundary. These particular areas have been identified and reside within the City’s long-term buildout boundary, are in the county, and currently do not have the required City services or infrastructure necessary to meet City standards or support development. Although the City fully anticipates to eventually build regional services to support these parcels that could annex and join the City, immediate capital planning needs generally focus on areas within the existing service boundary and may not meet the immediate needs of developers. Therefore, new parcels that annex into the City and want to develop in the short-term are generally told two options by the City. The development can either wait for the City to build the necessary regional infrastructure or build the necessary infrastructure identified within the City’s facility plans utilizing their own funding sources. Typically, these facilities are identified in the City facility plans and include regional lift stations, force mains, pressure reducing valves, transmission mains, and other large scale infrastructure to name a few. These particular types of projects can be cost prohibitive to the developer as well as technically challenging. 123 Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Page 2 of 13 Recognizing the challenges associated with development near the City’s service boundaries, the immediate need for additional housing, and the large upfront costs associated with regional infrastructure, the City requested AE2S to analyze future lift station alternatives, explicitly within the north part of the Baxter Creek Drainage Basin. The City’s existing wastewater facilities collection plan (June 2015) had identified the need for a single large regional lift station to serve the Baxter Creek Drainage Basin. Figure 1 shows the Baxter Creek Drainage Basin, which is approximately 1,300 acres and is directly west of Davis Lane and north of Cattail Street. Most of the property located within the Baxter Creek Drainage Basin comprises of large unannexed vacant parcels, in which local developers have been inquiring to the City about annexing and ultimately developing. The focus of this analysis and technical memorandum is to evaluate future lift station alternatives within the Baxter Creek Drainage Basin. Specifically, servicing the drainage basin with two smaller regional lift stations vs a single large regional lift station, future considerations of two lift stations, and ultimately whether two lift stations is a practical approach for the City to consider in their long-term facility planning. The final recommendations (Section 7) from this technical memorandum amend the adopted 2015 facility plan and will be utilized as a basis of planning for the Baxter Creek Drainage Basin moving forward. In addition, the results will be incorporated into the City’s wastewater facility plan update, which is anticipated to be completed spring of 2023. The following sections provide a technical discussion of the analysis performed as well as the final recommendation to the City. 2 MODELING PARAMETERS The City’s wastewater collection system model (InfoSWMM v.14.7) was used to assess the collection system under wet weather full-buildout conditions. The Draft Bozeman Wastewater Collection System Facility Plan Update, hereafter known as the BWWCS, established the following design and wet weather analysis criteria based on requirements from the Montana Department of Environmental Quality (DEQ), the City, and recommended industry standards.  Design Storm for Wet Weather Event: o 25-year, 24-hour o Storm Depth: 1.99 inches o SCS Type I Distribution  Minimum Velocity for force mains: 124 Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Page 3 of 13 o 2 feet per second (ft/s) (MDEQ standard) o 3 ft/s (City standard)  Maximum Velocity for force mains: o 8 ft/s (MDEQ standard)  Maximum Gravity Sewer Flow Depth d/D: o 0.75 (City standard)  Minimum Pipe Slope: o Per MDEQ and City Standards.  Base Groundwater Flow: o 550 gallons per acre per day (gpad)  Domestic Wastewater Loading: o 1,270 gpad for Urban Residential growth areas. o 2,100 gpad for R4, High Density Residential (20 units per acre) growth areas. 3 SINGLE REGIONAL LIFT STATION In both the adopted facility plan and the Draft BWWCS, a single regional lift station, referred to as the Hidden Valley Lift Station (HVLS) was identified to serve future development within the Baxter Creek Drainage Basin. Figure 2 shows the HVLS location, facility planning collection network layout concepts, and the overall Baxter Creek Drainage Service boundary area. In addition, the figure also shows a small portion of drainage area located within the Baxter Creek Service boundary that could possibly gravity drain to the east into the adjacent Cattail Creek Drainage Basin (Davis Lane). The gravity drainage area shown in Figure 2 is strictly for high- level planning purposes, facility planning sizing considerations, and ultimately to provide the City staff with a general understanding of topological conditions in the planning region. The final collection system layout for the Baxter Creek Drainage Basin is highly dependent on future development within the basin, utility and infrastructure layouts, tie-in locations, and site specific grading. It should be noted that the City strictly prohibits wastewater flow transfers into neighboring basins or commonly referred to as “basin jumping”. Maintaining long-term drainage basin integrity and allocated modeled capacity must be preserved. As such, the City has maintained a strict policy on drainage basin integrity. Although this analysis has identified portions of the Baxter Creek Drainage area that could potentially gravity flow into the adjacent basin, facility sizing is based on the entire drainage area. Based on discussions with the City, any new developments that could potentially gravity drain into the adjacent basin would need to be reviewed and analyzed on a case by case basis. 125 Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Page 4 of 13 The conceptual layout for a single lift station would require a minimum 15-inch trunk sewer main on Valley Center Rd to service the Baxter Creek Drainage Basin. The 15-inch main would collect wastewater flows from the Baxter Creek Drainage Basin developments and covey the flows to the HVLS. The peak wet weather flow into the lift station was modeled at 2,230 gallons per minute (gpm). Wastewater that enters the regional HVLS would then be pumped via a 14- inch force main to the existing 27-inch interceptor sewer on Davis Lane near the intersection of East Valley Center Road. At the connection point in Davis Lane, the wastewater flows by gravity across the interstate into the City’s Davis Lane Lift Station and is finally pumped to the City’s wastewater recovery facility (WRF). For this facility planning level analysis the size of the regional HVLS was based on the growth area being primarily Urban Residential with a domestic wastewater duty factor of 1,270 gpad established in the Draft BWWCS. As the City moves towards final implementation of the lift station, the wastewater duty factors should be revisited and verified against proposed zoning to ensure adequate capacity exists for future development. 4 CONSIDERATIONS FOR LIFT STATION ALTERNATIVES As stated previously, recent development requests have identified the need for City provided services in the Baxter Creek Drainage Basin. The most recent facility planning efforts have identified a need for a regional lift station in the northwest corner of the Baxter Creek Drainage Basin that would service the entire basin. However, given the location and easement requirements, a single lift station for the drainage area could be difficult to implement in a timely fashion. Furthermore, regional concepts that the City is currently studying could possibly reduce the need for the HVLS in the long-term. Therefore, to expedite sewer utility service in the Baxter Creek Drainage Basin, the City requested an evaluation of future lift station alternatives. Specifically, servicing the Baxter Creek Drainage Basin with two smaller lift stations vs a single lift station. Lift station and collection system concepts were evaluated based on lift station capacity, future service area, and overall feasibility based on the following criteria:  Groundwater Considerations: o Propensity for Inflow & Infiltration (I&I). Portions of the City’s wastewater service area experiences high ground water which results in high infiltration in the City’s collection system.  Discussions with City staff concluded that the alternatives should consider that shallower sewer is preferred due to high ground water and I&I within the region. 126 Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Page 5 of 13  A higher base groundwater infiltration rate was assumed given the location and measure wet-weather inflow information at the WRF.  Constructability: o Construction located within the City right-of-way (ROW): Deep sewer (i.e., 20- ft) requires wider trench width and may require installation within the road. Deeper and wider trenches also require higher restoration efforts and costs. o Availability of maintenance equipment and access to infrastructure: The City’s maintenance equipment currently supports sewer depths of approximately 15 ft. Deep sewer will require additional maintenance equipment or external contracting to complete maintenance and system repairs. In addition, the depth requires a larger excavation and easement area, which could be difficult to obtain.  Discussion with City staff concluded that deep sewer should be avoided when other feasible options exist.  Consideration of Davis Lane Service Area: o A portion of growth area has the potential to gravity flow to either the trunk sewer in Davis Lane or to the future lift stations within the Baxter Creek Drainage Basin. Each alternative was evaluated with and without the contributing flow for the portion that could gravity flow to Davis Lane for planning purposes. Given the high uncertainty for future development as well as allocated capacity within the system, facility sizing is recommended for the full contributing area. o Gravity service connections to the Davis Lane trunk sewer are highly dependent on grading and the layout of future developments. Recommend sizing is based on full contributing sewer shed area and modeled demand allocations. Any future connections would need to be evaluated and approved by the City on a very strict case by case basis. 5 LIFT STATION ALTERNATIVES Two lift station alternatives were identified and further evaluated for delaying or replacing the regional HVLS identified in the Draft BWWCS with smaller lift station options. The alternatives include a second lift station within the Baxter Creek Drainage Basin, which would be located on the south side of East Valley Center Road located east of Stubbs Lane near the East Valley Center Spur Road intersection. This location is advantageous for the City given its location within the sewer shed, location near a future City collector intersection (Ferguson Road), and suitable drainage area topography. For the analysis, both alternatives are located in the same area within the hydraulic model; however, varying lift station depths were considered for each evaluation. The varying depths can 127 Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Page 6 of 13 increase the overall service area of the lift station and is an important factor for lift station sizing as well as maintenance. The two alternatives considered include: Alternative 1 - The first alternative considers a shallow lift station (<15 feet service depth) Alternative 2 - The second alternative considers a deep lift station (>20 feet service depth). For planning purposes, both alternatives 1 & 2 will be referred to as the Valley Center Lift Station (VCLS). Both alternative 1 & 2 hydraulic analyses are discussed and summarized in more detail in the following paragraphs. 5.1 Growth Area Sewer Shed Delineation The growth area topography was reviewed in detail utilizing City provided LiDAR information to determine possible sewer shed delineations between the Davis Lane interceptor, the regional HVLS, and the proposed VCLS. The growth areas are summarized and broken down into the following five sewer sheds. 1. Area within the drainage basin that could flow by gravity to the HVLS. 2. Area within the drainage basin that could flow by gravity to the VCLS. 3. Area within the drainage basin that could possibly flow by gravity to the Davis Lane interceptor (adjacent sewer shed). 4. Area within the drainage basin that could flow by gravity to either the VCLS or the Davis Lane interceptor. 5. Area within the drainage basin that could flow by gravity to either the VCLS or HVLS. Figure 3 provides an overview of the conceptual sewer sheds within the Baxter Creek Drainage Basin. Table 5.1 provides a summary of serviceable sewer shed acreage relatable to the identified growth area within the drainage basin. Review of the sewer sheds indicates that the VCLS alternatives have the potential to serve between 623 to 774 acres. As stated previously, for lift station and infrastructure planning, it is recommended that the City assumes all flow that could gravity drain into Davis Lane be contributed into the VCLS. The final service area will largely depend on the lift station depth and final layout of the sewer network with future developments. 128 Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Page 7 of 13 Table 5.1 Baxter Creek Drainage Basin Sewer Shed Acreage Breakdown 5.2 Alternative 1 – Shallow Valley Center Lift Station Alternative 1 evaluates a shallow VCLS. Figure 4 presents the sewer shed delineation for the shallow VCLS. Note that the shallow VCLS has the potential to serve 623 acres, which includes the area identified that could be gravity fed into the Davis Lane interceptor. The modeled peak flow into the lift station under this condition is 1,620 gpm. The recommended force main size for this flow rate is 12-inch flowing at a velocity of 4.6 ft/s. The recommended trunk gravity sewer entering the lift station is 15-inch sewer with an approximate invert elevation of 4,587 ft which is estimated to be about 14 ft below grade. Depending on the final design, the shallow VCLS pump size could potentially be reduced to as low as 1,230 gpm if more service area connects directly to the Davis Lane interceptor. However, the recommended force main would remain as 12-inch which would flow at a velocity of 3.5 ft/s. The recommended gravity sewer size is unchanged. Table 5.2 provides a summary of the major infrastructure components required for the shallow VCLS. The table also provides size considerations for flows with and without the Davis Lane service area. Sub-Sewer Shed Number Sub-Sewer Shed Description Area (ac)* 1 HVLS Only 543 2 VCLS Only 469 3 Davis Lane Only** 19 4 VCLS or Davis Lane 154 5 VCLS or HVLS 151 Total 1,336 *Acreages are approximate. ** Given the topography in this area, the analysis assumes that all sewer flows from this small 19 acre area would gravity drain into Davis Lane. 129 Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Page 8 of 13 Table 5.2 Alternative 1 - Shallow VCLS Infrastructure Sizing Shallow VCLS Infrastructure Component With Davis Service Area Without Davis Service Area Lift Station Size (gpm) 1,620 1,230 Force Main Size (inch) 12 12 Force Main Velocity (ft/s) 4.6 3.5 Trunk Sewer Size (inch) 15 15 Area Served (ac) 623 469 Gravity Main Invert Elevation (ft) and Depth from Grade at LS* (ft) 4,587 (15) 4,587 (15) *Approximate elevation and depth to invert from grade for the gravity main at the lift station. 5.3 Alternative 2 – Deep Valley Center Lift Station Alternative 2 evaluates a deeper Valley Center Lift Station (deep VCLS). Figure 5 presents the sewer shed delineation for the deep VCLS. Note that the deeper VCLS increases the potential service area to 774 acres, which includes the area identified that could be gravity fed into the Davis Lane interceptor. The modeled peak flow into the lift station under this condition is 2,015 gpm. The recommended force main size for this flow rate is 14-inch flowing at a velocity of 4.2 ft/s. The recommended trunk gravity sewer entering the lift station is 15-inch with an approximate invert entering of 1,481 ft which is estimated to be about 20-25 ft below grade. The deep VCLS pump size could potentially be reduced to as low as 1,625 gpm if more service area connects directly to the Davis Lane interceptor. The recommended force main would remain as 14-inch which would flow at a velocity of 3.4 ft/s. The recommended gravity sewer size is unchanged. Table 5.3 provides a summary of major infrastructure components for the deep VCLS. The table also provides a summary of sizes for consideration of flows both with and without the Davis Lane service area. 130 Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Page 9 of 13 Table 5.3 – Alternative 2 – Deep VCLS Infrastructure Sizing Deep VCLS Infrastructure Component With Davis Service Area Without Davis Service Area Lift Station Size (gpm) 2,015 1,625 Force Main Size (inch) 14 14 Force Main Velocity (ft/s) 4.2 3.4 Trunk Sewer Size (inch) 15 15 Area Served (ac) 774 620 Gravity Main Invert Elevation (ft) and Depth from Grade at LS* (ft) 4,581 (21) 4,581 (21) *Approximate elevation and depth to invert from grade for the gravity main at the lift station. The deep lift station for Alternative 2 increases the future service area within the Baxter Creek Drainage Basin accessible to the lift station, however, this concept requires sanitary sewer to reach depths of greater than 15 feet (around 20-25 ft). Given the high groundwater within the drainage basin, increasing the sewer depth would create greater susceptibility for I&I and increase maintenance/access costs due to equipment needs. Based on discussion with City staff, existing excavation equipment can access mains around 15 ft in depth. Lastly, increasing the sewer depth proportionally increases the necessary trench size required for deep sewer. A very high-level cursory review of available right-of-way (ROW) along Valley Center Road showed it would be difficult for the City to keep construction within the ROW. Thus, potentially requiring off-site land acquisition and additional equipment for long-term operation and maintenance (O&M). 6 CONSIDERATIONS FOR BAXTER CREEK DRAINAGE BASIN FULL BUILDOUT As the northwest growth area fills in and development continues to push the existing City boundary, future development will require construction of the HVLS. The City has infrastructure sizing to consider for the buildout of the HVLS network with regard to the VCLS alternatives. City considerations for full buildout of the Baxter Creek Drainage Basin and associated lift stations is discussed in further detail below.  Alternative 1 - Shallow VCLS: The first alternative for the VCLS included a shallow lift station. The shallow VCLS provides two options for the City to consider for the buildout of the HVLS and associated sewer network. o Option A: The City could decommission the shallow VCLS at some point in the future and re-route wastewater flow that typically would go to the VCLS to the 131 Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Page 10 of 13 west. Flow from the VCLS would enter a new gravity sewer that would run west (18 inch trunk main) along East Valley Center Road. The City would then construct the Regional HVLS as originally conceptualized in the 2015 facility plan and Draft BWWCS. On the other hand, if a regional option becomes viable the City could still decommission the shallow VCLS at some point in the future and re-route the wastewater flows to the west towards a regional facility. Thus, eliminating the need for lift stations to service the Baxter Creek Drainage Basin altogether. Figure 2 provides a general overview of regional HVLS or regional option. The concept for the shallow VCLS keeps the lift station relatively shallow. This concept addresses City related concerns around O&M, higher than average groundwater levels, and considers future gravity flow to the west. Again, by keeping the station at higher design elevation the sewer hydraulics would allow the station to be decommissioned to either gravity flow to a single large lift station or a regional facility at a future date. o Option B: The second option is to keep the shallow VCLS in service for the long- term and construct a smaller HVLS to support the entire build-out of the Baxter Creek Drainage Basin (Figure 4). This option addresses the immediate need of providing sewer service to the Baxter Creek Drainage Basin as well as the long- term buildout of the service area if a regional solution or single-lift station does not become a viable option. While this concept would result in two smaller City owned and operated lift stations, it does provide the City with smaller upfront infrastructure costs and greater build-out flexibility when compared to the single regional HVLS concept.  Alternative 2 -Deep VCLS o Under this concept both lift stations would remain separated into the future and removes the option of decommissioning the VCLS (Figure 5) because of depth. The primary consideration between a deep VCLS and shallow VLCS is that the overall lift station depth plays a critical role in the sewer layout and long-term hydraulics in the basin. A deeper VCLS eliminates the option to gravity flow to the west at a future date, thus making the lift station a necessity for future planning scenarios. While this concept results in two lift stations and provides a level of flexibility in near-term as well as a larger service area. The concept does 132 Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Page 11 of 13 not address flexibility for long-term planning needs and operation concerns highlighted previously. A summary of the buildout of the major infrastructure components for the HVLS network is presented Table 6.1. The table provides a summary of HVLS infrastructure required for VCLS Alternatives 1 and 2. Alternative 1 also considers sizing both with and without the Davis Lane service area as it impacts the total flows to a regional lift station concept. Table 6.1 – Baxter Creek Drainage Basin Buildout Infrastructure Summary Alternate 1 – Shallow VCLS HVLS Infrastructure Component Draft BWWCS HVLS Regional* HVLS with Davis Service Area Regional* HVLS Without Davis Service Area Separate HVLS & Shallow VCLS Alternate 2 - Separate HVLS & Deep VCLS Lift Station Size (gpm) 2,230 3,430 3,045 1,820 1,435 Force Main Size (inch) 14 16 16 14 12 Force Main Velocity (ft/s) 4.6 5.5 4.9 3.8 4.1 Trunk Sewer Size (inch) 15 18** 18** 12 12 HVLS Area Served (ac) 1,163 1,317 1,163 694 543 *Regional assumes the shallow VCLS is rerouted to HVLS/Regional facility. **A slightly larger trunk main size would be required in order to re-route flow to the HVLS/Regional Facility. 7 FINAL RECOMMENDATIONS Based on feasibility criteria, City input, and modeling results, AE2S recommends the construction of the shallow Valley Center Lift Station (Alternative 1). Alternative 1 provides the City with a near-term solution to expand sewer utility service in Baxter Creek Sewer Basin while providing long-term planning flexibility and satisfying City O&M issues. Additionally, the location of the VCLS is near a major City intersection and transportation corridor, which is advantageous when laying out future sewer networks and necessary support infrastructure, such as force mains. The recommended infrastructure for the shallow VCLS is as follows:  Peak Flow: 1,620 gpm o This assumes most of the area (or 623 acres) west of Davis Lane and east of Stubbs Lane would contribute future wastewater flow into VCLS. o Base Groundwater Flow = 550 gpad. o Domestic Wastewater Loading = 2,100 gpad.  Force Main Size: 12-inch  Trunk Sewer Size: 15-inch 133 Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Page 12 of 13 o (approximate invert: 4,587 ft or about 15 ft below grade) The final recommendations from this technical memorandum amend the adopted 2015 facility plan and will be utilized as a basis of planning for the Baxter Creek Drainage Basin. In addition, the results will be incorporated into the City’s wastewater facility plan update, which is anticipated to be completed spring of 2023. The City requested an AACE Class 5* cost estimate be developed for the recommended alternative which is attached in Table 7.1. The Class 5 cost estimate for the shallow VCLS is $5.2M. The lift station cost estimate includes a wet well with submersible pumps and building to house force main flow metering, backup generator, and associated appurtenances similar to the Davis Lane Lift Station recently constructed by the City. *The Association for the Advancement of Cost Engineering (AACE) provides guidelines for the general principles of estimate classification to project costs estimates. The Class 5 cost estimate serves to provide high level guidance for strategic planning and concept screening for projects with a wide accuracy range with construction costs ranging from -50% to -20% below the estimate to +30% to +100% above the estimate. 134 Page 13 of 13 Table 7.1 – Alternative 1 – Shallow VCLS Lift Station Cost Estimate Engineers Opinion of Probable Costs CATEGORY ITEM ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL COST Lift Station Materials and Design 1 12-inch PVC Sewer Force Main (Unpaved) 3,200 LF $85 $272,000 2 Existing Sewer Main Connection 1 EA $10,000 $10,000 3 Lift Station Connection 1 EA $5,000 $5,000 4 Bore 1 EA $75,000 $75,000 5 New Lift Station (~1,620 gpm) 1 LS $1,664,000 $1,664,000 6 Lift Station Bypass Configuration 1 LS $75,000 $75,000 7 Lift Station Building 1 LS $300,000 $300,000 8 Telemetry 1 LS $50,000 $50,000 9 Generator (30 HP Backup Power) 1 LS $75,000 $75,000 10 Engineering Design 1 LS 12% $304,000 11 Construction Administration and Management 1 LS 8% $203,000 12 Legal and Administrative 1 LS 5% $127,000 Construction Costs 1 Mobilization/Demobilization 1 LS 5% $127,000 2 Insurance/Permits/Bonds 1 LS 3% $76,000 3 Traffic Control 1 LS 2% $51,000 4 Erosion Control 1 LS 1% $26,000 5 Testing and Construction Surveying 1 LS 3% $76,000 6 Contractor Overhead and Profit 2 LS 10% $253,000 7 Labor 1 LS 15% $379,000 Property Acquisition 1 Right-of-Way (ROW) 3,200 LF $19 $61,000 2 Additional Property for New Lift Station 0.75 AC $130,000 $98,000 Subtotal Construction Costs $4,307,000 Contingency (20%) $861,400 TOTAL PROJECT CONSTRUCTION COSTS $5,168,400 135 ³ä AajkerCreekBasin CattailCreek Basin East GallatinRiver Basin FarmersCanal Basin SpringCreekBasin SpringCreekBasin SypesCreekBasin BaxterCreekBasin BaxterCreekBasin ExistingDavis LaneLift Station Information depicted may include data unverified by AE2S. Any reliance upon such data is at the user’s own risk. AE2S does not warrant this map or its features are either spatially or temporally accurate.Coordinate System: NAD 1983 UTM Zone 12N | Edited by: DVoeller | C:\Data\Projects\WAFS\B\Bozeman\05097-2018-006\Project Data\020 Study and Report\Task 8 - Lift Station Analysis\lift stationmxds\figure 1.mxd Locator Map Not to Scale ¯www.ae2s.com | Advanced Engineering and Environmental Services, Inc.Figure 1 BOZEMAN WASTEWATER COLLECTION SYSTEMCity of Bozeman | Gallatin County, MT WASTEWATER COLLECTION DRAINAGE BASINS 1 inch = 2,000 feet 0 1,000500 Feet Date: 12/19/2022 Existing Lift Stations ³ä Davis Lane Lift Station Drainage BasinsAajker CreekBaxter CreekCattail CreekEast Gallatin RiverFarmers CanalSpring CreekSypes Creek I-90 East Valley Center Road Davis LaneCattail Street West Oak Street South Cottonwood Road136 77777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777 7 7 7 7 7 7 7 7 7 7 777777777777777777777777777777777777777777777777777777777777777777777 777777777777777777777 7 777777777777777 7 7 7 7777777777777777777777 777 777 7 777 7 777777777777777777777777777777777777777 77 77 77 77777 7777777777777 7 777777 7³ä ³ä Proposed HiddenValley LiftStation (HVLS) ExistingDavis LaneLift Station Information depicted may include data unverified by AE2S. Any reliance upon such data is at the user’s own risk. AE2S does not warrant this map or its features are either spatially or temporally accurate.Coordinate System: NAD 1983 UTM Zone 12N | Edited by: DVoeller | C:\Data\Projects\WAFS\B\Bozeman\05097-2018-006\Project Data\020 Study and Report\Task 8 - Lift Station Analysis\lift stationmxds\figure 2.mxd Locator Map Not to Scale ¯www.ae2s.com | Advanced Engineering and Environmental Services, Inc.Figure 2 BOZEMAN WASTEWATER COLLECTION SYSTEMCity of Bozeman | Gallatin County, MT REGIONAL HIDDEN VALLEY LIFT STATION (HVLS) 1 inch = 1,000 feet 0 1,000500 Feet Date: 12/19/2022 HVLS - Service AreaDavis Lane - Possible GravityService Drainage Area Lift Stations ³ä Existing Davis LaneLift Station ³ä Proposed HiddenValley Lift Station(HVLS)Proposed Sewer byDiameter 7 7 8 in 7 7 10 in 7 7 12 in 7 7 15 inForce Main PER DRAFT WWFPU 137 469 ac 151 ac 154 ac 543 ac 19 ac Information depicted may include data unverified by AE2S. Any reliance upon such data is at the user’s own risk. AE2S does not warrant this map or its features are either spatially or temporally accurate.Coordinate System: NAD 1983 UTM Zone 12N | Edited by: DVoeller | C:\Data\Projects\WAFS\B\Bozeman\05097-2018-006\Project Data\020 Study and Report\Task 8 - Lift Station Analysis\lift stationmxds\figure 3.mxd Locator Map Not to Scale ¯www.ae2s.com | Advanced Engineering and Environmental Services, Inc.Figure 3 BOZEMAN WASTEWATER COLLECTION SYSTEMCity of Bozeman | Gallatin County, MT CONCEPTUAL SEWERSHED DELINEATION 1 inch = 1,000 feet 0 1,000500 Feet Date: 12/19/2022 HVLS onlyVCLS onlyHVLS or VCLSVCLS or Davis LaneDavis Lane Only 138 7 7 77777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777 7 7 7 7 7 7 7 7 7 7 777777777777777777777777777777777777777777777777777777777777777777777 777777777777777 7 777777777777777 7 7 7 777777777777777777777777 77777777³ä ³ä³ä Proposed HiddenValley LiftStation (HVLS) ExistingDavis LaneLift Station Proposed ValleyCenter LiftStation (VCLS) Information depicted may include data unverified by AE2S. Any reliance upon such data is at the user’s own risk. AE2S does not warrant this map or its features are either spatially or temporally accurate.Coordinate System: NAD 1983 UTM Zone 12N | Edited by: DVoeller | C:\Data\Projects\WAFS\B\Bozeman\05097-2018-006\Project Data\020 Study and Report\Task 8 - Lift Station Analysis\lift stationmxds\figure 4.mxd Locator Map Not to Scale ¯www.ae2s.com | Advanced Engineering and Environmental Services, Inc.Figure 4 BOZEMAN WASTEWATER COLLECTION SYSTEMCity of Bozeman | Gallatin County, MT ALTERNATIVE 1 – SHALLOW VCLS WITH HVLS 1 inch = 1,000 feet 0 1,000500 Feet Date: 12/19/2022 HVLS - Service AreaVCLS - Service AreaDavis Lane - Gravity ServiceDrainage Area Lift Stations ³ä Existing Davis LaneLift Station ³ä Proposed HiddenValley Lift Station(HVLS)³ä Proposed ValleyCenter Lift Station(VCLS)Proposed Sewer byDiameter 7 7 8 in 7 7 10 in 7 7 12 in 7 7 15 in 7 7 18 in Force Main 139 7 7 77777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777 7 7 7 7 7 7 7 7 7 7 777777777777777777777777777777777777777777777777777777777777777 777777777777777 7 777777777777777 7 7 7 7777777777777777777777 77 7 7 7 7 7 7 77777777³ä ³ä³ä Proposed HiddenValley LiftStation (HVLS) ExistingDavis LaneLift Station Proposed ValleyCenter LiftStation (VCLS) Information depicted may include data unverified by AE2S. Any reliance upon such data is at the user’s own risk. AE2S does not warrant this map or its features are either spatially or temporally accurate.Coordinate System: NAD 1983 UTM Zone 12N | Edited by: DVoeller | C:\Data\Projects\WAFS\B\Bozeman\05097-2018-006\Project Data\020 Study and Report\Task 8 - Lift Station Analysis\lift stationmxds\figure 5.mxd Locator Map Not to Scale ¯www.ae2s.com | Advanced Engineering and Environmental Services, Inc.Figure 5 BOZEMAN WASTEWATER COLLECTION SYSTEMCity of Bozeman | Gallatin County, MT ALTERNATIVE 2 - DEEP VCLS WITH HVLS 1 inch = 1,000 feet 0 1,000500 Feet Date: 12/19/2022 HVLS - Service AreaVCLS - Service AreaDavis Lane -GravityService Drainage Area Lift Stations ³ä Existing Davis Lane ³ä Proposed HiddenValley Lift Station ³ä Proposed ValleyCenter Lift Station Proposed Sewer by 7 7 8 in 7 7 10 in 7 7 12 in 7 7 15 in 7 7 18 inForce Main 140 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding with the Trust for Public Land for the Story Mill Community Park Splash Pad MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize City Manager to Sign Memorandum of Understanding with the Trust for Public Land for the Story Mill Community Park Splash Pad STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:As described in a prior Memorandum of Understanding (MOU) created January 9, 2015, the Trust for Public Land (TPL) and the City worked together with the common goal of constructing and opening the Story Mill Community Park (the Park) in 2019. Following the successful opening of the Park, TPL and the City have continued to explore other initiatives to support the Park and to continue toward completion of the Story Mill Community Park Master Plan. In 2021 and 2022, TPL assisted the City by procuring design plans for a splash pad (Exhibit A) to be constructed at the Park. The splash pad has been included in the master plan but initial project budget did not allow for its inclusion. The purpose of this new MOU is to describe and formalize the rights and obligations of TPL and the City in the funding and construction of the splash pad. Under the terms of the MOU, the Trust for Public Lands will contribute $155,000 of donor funding toward the project and the City is obligated to follow the visual aesthetics of the splash pad design plans to ensure donor expectations are met. The MOU references the previously adopted Story Mill Park Donor and Partner Recognition Statement dated November 17, 2016 (Exhibit B) and establishes that the donor for this project shall be recognized with the right to name the Splash Pad if they choose. A related contract also on this agenda is a Professional Services Agreement (PSA) with Field Studio Landscape Architects, PLLC, the designers of the splash pad, for construction administration. On January 10, 2023, the Commission authorized a PSA with Stahly Engineering and Surveying for the 141 design and construction administration needed to construct the east parking lot at Story Mill Park which will be critical to support additional traffic of the splash pad. UNRESOLVED ISSUES:NA. ALTERNATIVES:Per City Commission FISCAL EFFECTS:MOU establishes that the Trust for Public Lands will provide $155,000 towards construction of the Splash Pad. Additional funding is responsibility of the City. Attachments: Story Mill Splash Pad MOU.docx Exhibit A_SMCP-SplashPadDesigns.pdf Exhibit B_SMCP-DonorRecognitionStatement.pdf Report compiled on: December 27, 2022 142 Memorandum of Understanding Between the City of Bozeman and The Trust for Public Land for Story Mill Community Park Splash Pad Construction This Memorandum of Understanding (the “MOU”) regarding Splash Pad Construction dated for reference purposes ________, ___, 2023, is entered into between THE CITY OF BOZEMAN,a municipal corporation organized and existing under its Charter and the laws of the State of Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771 (the “City”), and THE TRUST FOR PUBLIC LAND, a California nonprofit public benefit corporation (“TPL”). For the purposes of this MOU, TPL, and the City may individually be referred to as a “Party” and may collectively bereferred to as the “Parties”.TPL and the City are working together with the common goal of constructing the splash padasincluded within the Story Mill Community Park Master Plan. RECITALS A. TPL is a national nonprofit land conservation organization that uses its expertise in negotiation, public finance and real estate transactions to conserve and protect land for people to enjoy as parks, gardens and other natural places to ensure livable communities for generations to come. B. The City and TPL entered into that certain Memorandum of Understanding for The Story Mill Community Park on January 9, 2015 (the “2015 MOU”), defining goals, guidelines, rights and obligations of the Parties toward each other and toward third parties in carrying out the creation and construction of The Story Mill Community Park (the “Park”) as contemplated by the City of Bozeman Commission Resolution No. 4517. C. The City and TPL successfully opened the Park on or about July 20, 2019, and in doing so fulfilled those goals of the 2015 MOU. D. Following the success of the opening of the Park, TPL assisted the City in procuring design plans for a splash pad to be constructed in the Park (the “Splash Pad”), contracting with a local landscape architect to prepare design drawings and securing the same. E. Now that TPL has procured adequate design plans for the Splash Pad, the purpose of this MOU is to describe and formalize the rights and obligations of the Parties in the construction of the Splash Pad. NOW, THEREFORE, in order to define the rights, obligations and relationships of the Parties toward each other and toward third parties in carrying out the purposes of this MOU and to provide for the construction of the Splash Pad, TPL and the City agree as follows: AGREEMENT 1.Incorporation of Recitals. The foregoing recitals are incorporated by this reference and are made a part of this MOU. 143 Memorandum of Understanding / Splash Pad Construction Page 2 of 8 2.Splash Pad Construction. 2.1 City’s Obligation to Construct: The City hereby acknowledges and agrees that it shall be solely responsible for the contracting for and completing the construction of the Splash Pad at the Park in accordance with the Design Plans (defined below). The City intends and shall make its best efforts to ensure that the construction for the Splash Pad commence on or before Summer 2023. However, the City does not hereby guarantee the same. 2.2 City’s Obligation to Construct according to Design Plans: With prior approval from the City, TPL entered into that certain Standard Form Contract for Professional Services Between Landscape Architect and Client dated October 16, 2020, as may be amended from time to time (the “Design Contract”), thereby engaging Field Studio Landscape Architects to prepare construction design documents and landscape architectural plans for the Splash Pad in the Park (generally, the “Design Plans”). The Design Plans are attached hereto as Exhibit A. TPL, having paid for and procured the Design Plans for and on behalf of the City, now desires that the City construct the Splash Pad in accordance with the Design Plans. Therefore, the City hereby agrees that it shall construct the Splash Pad in accordance with the Design Plans. The Parties mutually agree that the City will not take direct assignment of the contract between TPL and Field Studio Landscape Architects. 2.3 Deviation from Design Plans: Notwithstanding any term to the contrary herein, the Parties agree that the Design Plans may be modified or amended at any time upon prior written agreement of both Parties. However, the City acknowledges that TPL will need to manage donor expectations concerning the completed Splash Pad when conducting its fundraising efforts, and in particular this necessitates that the Splash Pad be completed in accordance with the Design Plans to the extent possible. If for any reason the City is unable or unwilling to construct the Splash Pad in accordance with the Design Plans, it shall promptly notify TPL of the same. The City retains full authority and discretion over the construction of the Splash Pad, including but not limited to decisions regarding construction costs and design alterations, subject to the terms of this Section 2.3. The City retains full authority regarding decisions to temporarily cease construction and select construction substitutions or alternatives so long as such substitutions or alternatives do not affect the visual aesthetics of the Splash Pad. Prior to deviating from the Design Plans when such deviation will affect the visual aesthetics of the Splash Pad, the City shall receive written agreement from TPL regarding said deviation. 2.4 The provisions of this Section 2 are expressly limited to the construction of the Splash Pad at the Park in accordance with the Design Plans, and shall not apply to any prior or future endeavors at the Park unrelated to the Splash Pad. The provisions of Section 2 expire once the construction of the Splash Pad is complete. 2.5 TPL agrees to indemnify, defend and hold the City harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, negligent acts, errors, or omissions, or willful misconduct by TPL in connection with the Design Plans. Both the City and TPL shall be solely responsible for 144 Memorandum of Understanding / Splash Pad Construction Page 3 of 8 any contracts they enter into or other obligations or liabilities incurred by such party in connection with their respective roles under this MOU. 3.TPL Fundraising for Splash Pad. 3.1 The City acknowledges that it has approximately $360,000 in its budget for the Fiscal Year 2022 for the construction of the Splash Pad, and the City intends to use those funds to the construction of the Splash Pad at the Park. 3.2 TPL has received a donation of One Hundred Fifty Five Thousand Dollars and No Cents ($155,000.00) (the “Donation”) from a private donor for the construction of the Splash Pad. TPL shall provide said funds to the City in accordance with the terms of this MOU. TPL does not intend to secure any further funding for the Splash Pad construction. 3.3 The Parties acknowledge and understand that the Donation is being made in reliance on the current Design Plans and it is the Donation is conditioned upon the Splash Pad being constructed consistent with the Design Plans. As such, the City agrees that it shall consult with TPL prior to signing any contract that the City reasonably believes would affect the design aesthetics of the Splash Pad. Provided that TPL believes that all said contracts conform with the Design Plans, TPL shall disburse the Donation to the City. TPL reserves the right to retain the Donation should TPL believe that the construction contracts for the Splash Pad do not conform with the Design Plans. 3.4 The Parties acknowledge and agree that there are naming and donor recognition policies and standards in place for the Park pursuant to that certain Story Mill Park Donor and Partner Recognition Statement, Exhibit B attached hereto, between TPL and the City dated November 17, 2016 (the “Recognition Statement”). The Parties agree that the terms of that Recognition Statement presently reflect the joint understanding and agreement between the Parties with regard to the handling of donor recognition of features at the Park and further agree that the terms of the Recognition Statement shall apply to the Splash Pad construction described herein. The Parties acknowledge that the Splash Pad is not listed in the Recognition Statement as a naming opportunity. Therefore, the Parties agree that it shall be considered a Tier 5 feature and the Parties further agree that the specific donor, having made the Donation, shall be recognized by having the right to name the Splash Pad feature per the Recognition Statement. Notwithstanding the terms of the Recognition Statement, the Parties agree that said right shall be shared with the City. The City shall be responsible for installing and maintaining any signage per the Recognition Statement. 4.Notices. Notices to the Parties shall be directed as follows: If to the City: City of Bozeman Parks and Recreation Department PO Box 1230 Bozeman, MT 59771-1230 Tel:406-582-2908 145 Memorandum of Understanding / Splash Pad Construction Page 4 of 8 Attention: Addi Jadin E-mail: ajadin@bozeman.net If to TPL: The Trust for Public Land 1007 E Main Street Suite 300 Bozeman, MT 59715 Tel: 406-581-6417 Attention: Dick Dolan E-mail: dick.dolan@tpl.org Any notice sent to a Party under this MOU shall be in writing and shall be effective when received by the recipient. Each Party may change the address at which it is to receive notices by providing a written notice of its new address for notices to the other Party. 5.Governing Law. This MOU shall be governed by the law of the State of Montana. The Parties expressly agree to the exclusive jurisdiction of the courts of Gallatin County, Montana. 6. Liberal Construction. This MOU shall be liberally construed to achieve the successful completion of the purpose(s) of the Splash Pad construction. If any provision in this MOU is found to be ambiguous, an interpretation consistent with the spirit of collaboration and the mutual goals and objectives of the Parties shall be favored over any interpretation that would be inconsistent with such purposes and goals. 7.Severability. If any provision of this MOU is found to be invalid, the remainder of the provisions of this MOU shall not be adversely affected. 8.Entire Agreement; Amendment. This instrument sets forth the entire understanding of the Parties with respect to the Splash Pad construction and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Splash Pad construction or this MOU, all of which agreements or understandings are merged into this MOU. No alteration, amendment or modification of this MOU shall be valid or binding unless contained in a written amendment signed by both Parties. It is contemplated that from time to time this MOU can be modified, if agreed by both Parties, to address developments in the Splash Pad construction. 9.Successors. The terms, conditions, commitments, restrictions and understandings set forth in this MOU shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors and assigns. 10.Captions. The captions in this MOU have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 11.No Partnership or Agency. Neither Party shall be considered a partner or agent of the other Party, and this MOU does not create a general partnership or principal-agent relationship 146 Memorandum of Understanding / Splash Pad Construction Page 5 of 8 between the Parties. Neither Party shall have any right, power or authority to create any obligation, expressed or implied, on behalf of the other Party. The project is a public-private collaboration between two separate and independent entities, each of which has a common interest in creating the Splash Pad, but each of which also has objectives and activities outside the scope of the construction and this MOU. The joint effort being formed by the City and TPL is not a separate legal entity and neither TPL nor the City shall have the right to bind the other Party vis a vis any third party. The purpose of the collaboration is to work together to complete the Splash Pad and achieve the Parties’ common goals as stated in the Recitals above. While TPL and the City may cooperate in the creation of other projects in the future, the Parties acknowledge and agree that the Splash Pad construction is unique and the terms of this MOU shall not create a binding precedent with respect to any future projects. 12.Nondiscrimination and Equal Pay. The Parties agree that all hiring by the Parties of persons performing this Agreement shall be on the basis of merit and qualifications. The Parties will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Parties will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Parties represent they are, 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). The Parties must report any violations of the Montana Equal Pay Act that the Parties have been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. The Parties shall require these nondiscrimination terms of subcontractors providing services under this Agreement. 13. Compliance with Laws. The Parties 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. Nonwaiver. 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 147 Memorandum of Understanding / Splash Pad Construction Page 6 of 8 or condition or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 15. Attorney’s Fees and Costs. In the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 16. 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. 17.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 18.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. By signing below, each Party agrees and acknowledges that this MOU accurately reflects its mutual understanding, and that each of them agrees to be bound by the terms and conditions of this MOU. THE CITY OF BOZEMAN THE TRUST FOR PUBLIC LAND BY: Jeff Mihelich, City Manager DATE: BY: TITLE: DATE: Approved as to form: By: City of Bozeman, City Attorney 148 Memorandum of Understanding / Splash Pad Construction Page 7 of 8 EXHIBIT A SPLASH PAD DESIGN PLANS 149 Memorandum of Understanding / Splash Pad Construction Page 8 of 8 EXHIBIT B DONOR RECOGNITION STATEMENT 150 DATE ●ISSUE DOCUMENT REUSE: TKLV GRFXPHQW LV WKH SURSHUW\ RI )LHOG SWXGLR LDQGVFDSH AUFKLWHFWV PLLC TKH LGHDV DQG GHVLJQ LQFRUSRUDWHG RQ WKLV GRFXPHQW VKDOO QRW EH XVHG IRU DQ\ RWKHU SURMHFW ZLWKRXW ZULWWHQ DXWKRUL]DWLRQ RI )LHOG SWXGLR LDQGVFDSH AUFKLWHFWV PLLC SHEET OF PROJECT NUMBER: SHEET TITLE  N :ALLACE A9E _ STE  B O =E M A N  M T    Z Z Z I L H O G V W X G L R O D F R P CHARLIE KEES 9313 STORY MILL PARK SPLASH PAD600 BRIDGER DR, BOZEMAN, MT 597152044 EX0.01 COVERSHEET & INDEX 1 3 07.19.2021 CD SET SHEET INDEX COVER SHEET & INDEX EXISTING CONDITIONS DEMO PLAN EX-0.01 L-1.0 L-1.1 SHEET NO.TITLE LANDSCAPE ARCHITECT FIELD STUDIO 600 N WALLACE SUITE 1 BOZEMAN, MT 59715 406.551.2098 CONTACT: CHARLIE KEES SITE DESIGN TEAM SPLASH PAD DESIGNER WATER DESIGN INC 6740 S. 1300 E. SUITE 110 SALT LAKE CITY, 84121 801.261.4009 CONTACT: JIM REDMOND STORY MILL PARK SPLASH PAD- CONSTRUCTION BID SET 600 BRIDGER DR, BOZEMAN, MT VICINITY MAP SPLASH PAD NORTH ROUSE AVE STORY MILL COMMUNITY PARK NOT TO SCALE EAST GRIFFIN DR STORY MILL RDCONCEPTUAL RENDING OVERALL SPLASH PAD PLAN NOTES SPLASH PAD PLAN SPLASH PAD PLAN GRADING,CONTROL JOINT AND ELECTRICAL PLANS SPLASH PAD DIMENSION PLAN SPLASH PAD PIPING PLAN EQUIPMENT ROOM PLAN CIRCULATION EQUIPMENT SCHEDULE BALANCING TANK/ PUMP VAULT SECTIONS AND DETAILS CIRCULATION EQUIPMENT SCHEMATICS AND DETAILS SECTIONS STRUCTURAL DETAILS DETAILS DETAILS SP100 SP101 SP200 SP201 SP202 SP300 SP400 SP401 SP410 SP420 SP500 SP501 SP600 SP601 OWNER REP. TATE MANAGEMENT INC. 84 WEST CLARA COURT BOZEMAN, MT 59715 406.599.9648 CONTACT: CRISTIE TATE OWNER/APPLICANT: THE TRUST FOR PUBLIC LAND 1007 E. MAIN STREET SUITE 300 BOZEMAN, MT 59715 406.582.6240 CONTACT: DICK DOLAN OWNER INFO OWNER CITY OF BOZEMAN PARKS AND RECREATION P.O. BOX 1230 415 N. BOZEMAN STREET BOZEMAN, MT 59715 406.582.2908 CONTACT: MITCH OVERTON LEGAL DESCRIPTION PARK PARCELS: PARCELS 1-9, OF SURVEY NO. 2865, SECTIONS 31 AND 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, AND SECTIONS 5 AND 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST STORY MILL COMMUNITY CENTER PARCEL: SECTION 31, TOWNSHIP 1 SOUTH, RANGE 6 EAST, C.O.S. 2207B,TRACT 1B STREET DESCRIPTION 600 BRIDGER DRIVE, BOZEMAN, MONTANA 151 SFDOH:1" = 20' 40'20'10'0' CHARLIE KEES 9313 STORY MILL PARK SPLASH PAD600 BRIDGER DR, BOZEMAN, MT 597152044 L1.0 EXISTING CONDITIONS 2 3 07.19.2021 CD SET DATE ●ISSUE DOCUMENT REUSE: TKLV GRFXPHQW LV WKH SURSHUW\ RI )LHOG SWXGLR LDQGVFDSH AUFKLWHFWV PLLC TKH LGHDV DQG GHVLJQ LQFRUSRUDWHG RQ WKLV GRFXPHQW VKDOO QRW EH XVHG IRU DQ\ RWKHU SURMHFW ZLWKRXW ZULWWHQ DXWKRUL]DWLRQ RI )LHOG SWXGLR LDQGVFDSH AUFKLWHFWV PLLC SHEET OF PROJECT NUMBER: SHEET TITLE  N :ALLACE A9E _ STE  B O =E M A N  M T    Z Z Z I L H O G V W X G L R O D F R P TREE WELL , TYP. CONCRETE PLAZA, TYP. EXISTING LAWN AREA EXISTING LAWN AREA GRAVEL PATH EXISTING LAWN AREA EXISTING PARKING LOT BIKE COURSE EXISTING LAWN AREA EXISTING BATHROOMS AND EQUIPMENT ROOM EXISTING LAWN AREA EXISTING LAWN AREA PLANTER BED. EXISTING LAWN AREA NOTES 1.THE CONTRACTOR SHALL VERIFY THE EXISTENCE, LOCATION, DEPTH AND SIZE OF THE UTILITIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE EXISTING FACILITIES DUE TO FAILURE TO LOCATE OR PROPERLY PROVIDE PROTECTION WHEN LOCATION IS KNOWN. 2.CONTRACTOR SHALL CONTACT "UTILITY NOTIFICATION CENTER" (811) AT LEAST THREE (3) WORKING DAYS PRIOR TO THE COMMENCEMENT OF CONSTRUCTION ACTIVITIES TO SCHEDULE THE MARKING OF EXISTING UTILITY LOCATIONS. 3.ALL EXISTING SURFACE IMPROVEMENTS, VEGETATION AND INFRASTRUCTURE SHALL BE PROTECTED IN PLACE. VEGETATION TO BE PROTECTED WITH TEMPORALLY FENCING. 4.PRIOR TO ANY EXCAVATION,CONTRACTOR SHALL MEET WITH AND REVIEW SITE WITH OWNER AND OR LANDSCAPE ARCHITECT. 5.ANY DAMAGE TO SURFACE IMPROVEMENTS, BURIED SYSTEMS, OR OTHER INFRASTRUCTURE "NOT IDENTIFIED FOR REMOVAL" SHALL BE IMMEDIATELY REPORTED TO LANDSCAPE ARCHITECT. 6.STAHLY ENGINEERING & ASSOCIATES PREPARED THE SURVEY FOR THIS PROJECT. EXISTING TOPOGRAPHY IS A COMBINATION OF SITE SURVEYING AND LIDAR. IT HAS BEEN REFORMATTED FOR USE IN AND FOR PREPARATION OF THESE DOCUMENTS, CONTRACTOR SHALL OBTAIN OFFICIALLY SIGNED COPY FROM STAHLY ENGINEERING & ASSOCIATES (851 BRIDGER DRIVE SUITE 1, BOZEMAN MT 59175, PHONE - 406.522.6526) AND IS RESPONSIBLE FOR CONFIRMING AND DETERMINING THE SUITABILITY OF THE DATA PRIOR TO CONSTRUCTION. ALL DEVIATIONS AND OMISSIONS SHOULD BE BROUGHT TO THE ATTENTIONS OF THE LANDSCAPE ARCHITECT OR OWNER'S REPRESENTATIVE FOR CLARIFICATION AND DIRECTION. LANDSCAPE ARCHITECT IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS ASSOCIATED WITH PREPARATIONS OF DOCUMENTATION OF SURVEY. EXISTING SITE LIGHTING, TYP. EXISTING SITE LIGHTING, TYP. 152 SFDOH:1" = 20' 40'20'10'0' CHARLIE KEES 9313 STORY MILL PARK SPLASH PAD600 BRIDGER DR, BOZEMAN, MT 597152044 L1.1 DEMO PLAN 3 3 07.19.2021 CD SET DATE ●ISSUE DOCUMENT REUSE: TKLV GRFXPHQW LV WKH SURSHUW\ RI )LHOG SWXGLR LDQGVFDSH AUFKLWHFWV PLLC TKH LGHDV DQG GHVLJQ LQFRUSRUDWHG RQ WKLV GRFXPHQW VKDOO QRW EH XVHG IRU DQ\ RWKHU SURMHFW ZLWKRXW ZULWWHQ DXWKRUL]DWLRQ RI )LHOG SWXGLR LDQGVFDSH AUFKLWHFWV PLLC SHEET OF PROJECT NUMBER: SHEET TITLE  N :ALLACE A9E _ STE  B O =E M A N  M T    Z Z Z I L H O G V W X G L R O D F R P NOTES 1.THE CONTRACTOR SHALL VERIFY THE EXISTENCE, LOCATION, DEPTH AND SIZE OF THE UTILITIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE EXISTING FACILITIES DUE TO FAILURE TO LOCATE OR PROPERLY PROVIDE PROTECTION WHEN LOCATION IS KNOWN. 2.CONTRACTOR SHALL CONTACT "UTILITY NOTIFICATION CENTER" (811) AT LEAST THREE (3) WORKING DAYS PRIOR TO THE COMMENCEMENT OF CONSTRUCTION ACTIVITIES TO SCHEDULE THE MARKING OF EXISTING UTILITY LOCATIONS. 3.ALL EXISTING SURFACE IMPROVEMENTS, VEGETATION AND INFRASTRUCTURE SHALL BE PROTECTED IN PLACE. VEGETATION TO BE PROTECTED WITH TEMPORALLY FENCING. 4.PRIOR TO ANY EXCAVATION,CONTRACTOR SHALL MEET WITH AND REVIEW SITE WITH OWNER AND OR LANDSCAPE ARCHITECT. 5.CONCRETE PAVING THAT IS REMOVED TO MATCH ADJECTIVE CONCRETE PAVING CONDITION. CONTRACTOR TO PROVIDE MOCK UP FOR LANDSCAPE ARCHITECTS/ OWNER APPROVE 6.CONTRACTOR TO PROVIDE A CONSTRUCTION MANAGEMENT PLAN PRIOR TO CONSTRUCTION. 7.CONTRACTOR IS RESPONSIBLE FOR DETERMINING MEANS AND METHODS FOR CONSTRUCTION. THESE DRAWINGS MAY INDICATE A LIMIT OF PROPOSED IMPROVEMENTS, LIMITS OF SITE DEMOLITION, ETC. FOR DELINEATION OF EXPECTED EXTENTS OF DISTURBANCE. HOWEVER, FINAL IMPACT SHALL BE DETERMINED IN THE FIELD. SHOULD LIMITS OF DISTURBANCE EXCEED BOUNDARIES DEFINED IN DRAWINGS, CONTRACTOR SHALL CONTACT LANDSCAPE ARCHITECT FOR RESOLUTION. ALL WORK AND DISTURBANCE IS TO BE CONFINED O SITE PROPERTY EXTENTS. 8.ANY DAMAGE TO SURFACE IMPROVEMENTS, BURIED SYSTEMS, OR OTHER INFRASTRUCTURE "NOT IDENTIFIED FOR REMOVAL" SHALL BE IMMEDIATELY REPORTED TO LANDSCAPE ARCHITECT .CONTRACTOR IS RESPONSIBLE FOR REPAIRING ALL WORK DISTURBED BY CONSTRUCTION OUT SIDE OF LIMITS LINES DEFINED ON DRAWINGS OF THROUGH HIS/HER MEANS AND METHODS TO A CONDITION BETTER THAN OR EQUAL TO THE EXISTING CONDITIONS PRIOR TO COMMENCEMENT OF CONSTRUCTION AT NO ADDITIONAL COST TO THE OWNER. 9.CONTRACTOR IS RESPONSIBLE FOR MAINTAINING A COMPLETE UP-TO-DATE SET OF DRAWINGS AND SPECIFICATIONS AT THE CONSTRUCTION SITE AND ENSURING THE DOCUMENTS ARE READILY AVAILABLE FOR REVIEW BY THE LANDSCAPE ARCHITECT AND GOVERNING AGENCY. 10.THE DRAWINGS AND SPECIFICATIONS ARE COMPLEMENTARY TO ONE ANOTHER AND IMPLIED TO CORRESPOND WITH ONE ANOTHER. ANY DISCREPANCIES SHOULD BE BROUGHT TO THE ATTENTION OF THE LANDSCAPE ARCHITECT FOR RESOLUTIONS IMMEDIATELY. 11.ITEMS IN THE LANDSCAPE SHALL REMAIN UNLESS DESIGNATED FOR REMOVAL IN THE PLANT PROTECTION SERIES. REMOVE DESIGNATED ITEMS SHOWN ON THE PLAN TO THE FULL DEPTH OF THEIR CONSTRUCTION UNLESS OTHERWISE NOTED. 12.VERIFY THE LOCATION OF ITEMS TO BE REMOVED WITH LANDSCAPE ARCHITECT OF SITE REPRESENTATIVE PRIOR TO COMMENCEMENT OF THE WORK. 13.ITEMS ENCOUNTERED BELOW GRADE AND NOT SHOWN ON THE DRAWINGS SHALL BE BROUGHT TO THE ATTENTION OF THE LANDSCAPE ARCHITECT OR SITE REPRESENTATIVE. THIS MAY INCLUDE SUCH THINGS AS FOUNDATIONS, UTILITIES, PITS, OR OTHER OBJECTS THAT MAY BE ENCOUNTERED. 14.REMOVE DEMOLISHED MATERIALS FROM SITE. DISPOSAL BY BURNING AND/OR BURYING IS PROHIBITED. 15.CONTACT THE LOCAL UNDERGROUND UTILITY LOCATE SERVICE AND/OR SERVICE PROVIDER TO UPDATE FOR UTILITY LOCATION AND IDENTIFICATION PRIOR TO DEMOLITION. THE LOCATION OF EXISTING UTILITIES AS SHOWN ON THE PLANS MAY VARY IN RELATION TO ACTUAL EXISTING CONDITIONS; ADDITIONAL UTILITIES NOT SHOWN ON THE DRAWINGS MAY EXIST. VERIFY IN THE FIELD THE DATA SHOWN, AND CAL ANY DISCREPANCIES TO THE ATTENTION OF THE LANDSCAPE ARCHITECT OR SITE REPRESENTATIVE BEFORE STATING WORK. 16.PERFORM EXCAVATION IN THE VICINITY OF EXISTING UTILITIES BY HAND WHERE APPLICABLE.THE CONTRACTOR IS RESPONSIBLE FOR DAMAGE TO EXISTING UTILITIES CAUSED BY ANY PERSON, VEHICLE, EQUIPMENT OR TOOL RELATE THE TO EXECUTION OF THE CONTRACT. TREE WELL TO BE PROTECTED , TYP. CONCRETE PAVING, TYP. EXISTING LAWN AREA GRAVEL PATH EXISTING LAWN AREA EXISTING LAWN AREA EXISTING BATHROOMS AND EQUIPMENT ROOM EXISTING LAWN AREA EXISTING LAWN AREA PLANTER TO BE PROTECTED BED. EXISTING LAWN AREA EXISTING CONCRETE PAVING TO BE REMOVED . SEE NOTES EXISTING CONCRETE PAVING TO BE REMOVED .SEE NOTES EXISTING LAWN TO BE REMOVED. EXISTING SITE LIGHTING, TYP. EXISTING SITE LIGHTING, TYP. CONTRACTOR TO PROVIDE CONSTRUCTION FENCING AROUND PREMIER OF CONSTRUCTION AREA. 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-1 SECTION 131213 SPECIAL FACILITY COMPONENTS --EXTERIOR FOUNTAINS PART 1 - GENERAL REQUIREMENTS: 1.01 RELATED SECTIONS AND DOCUMENTS: The General provisions of the Contract, including General and Supplementary Condi- tions and General Requirements apply to the work specified in this section. Other related sections include the following: Division 3 – Concrete (for additional concrete and finishing requirements.) Division 22 – Plumbing Division 23 – Heating Ventilating and Air Conditioning Division 26 – Electrical Division 31 –Earthwork (for additional sub-grade preparation for interactive water feature and interactive water feature system backfilling requirements.) Division 00 – Procurement and Contracting Requirements and Division 1 – General Re- quirements, as indexed, apply to this section. Comply with the provisions of the codes, specifications and standards of the City of Bozeman, State of Montana, and State De- partment of Health for the public interactive water features and other applicable codes and regulations and as shown on the drawings and/or hereinafter specified. The owner, owners rep, or interactive water feature contractor is responsible to submit plans to the local Health Department for approval. Plans shall be reviewed, approved and stamped by the Health Officer and Building Department before the contractor may begin construc- tion. See Division 1 – General Requirements for additional information. 1.02 SCOPE: “Interactive Water Feature” or “Splash Pad” or “River” or “Pool” or “Feature” means any Interactive Feature / River etc. shown as part of this project. Herein the feature shall be designated as Interactive Water Feature. The Interactive Water Feature Contractor shall furnish and install the Interactive Water Feature including but not limited to the reinforced concrete feature / river, structures, finishes, piping, fittings, circulation and filtration equipment, sanitizing systems, deck tiles, grating, waterproofing, sealants & caulking, water play features, etc. shown on the Interactive Water Feature drawings and as speci- fied herein (unless otherwise determined by the General Contractor as part of scope de- lineation). 1.03 INTERACTIVE WATER FEATURE CONTRACTOR'S RESPONSIBILITY: The Interactive Water Feature Contractor shall provide the following services: 168 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-2 Provide and pay all costs relative to start up and or training of owner's designated opera- tor in the correct use of equipment required for the Interactive Water Feature function and operation as recommended by the product manufacturers. Interactive Water Feature Contractor shall supply a qualified field technician for this purpose. Provide chemicals for interactive water feature operation at time of start-up. Provide liq- uid chlorine, hydrochloric acid, and cyanuric acid as aids in maintaining chemical bal- ance. The interactive water feature contractor is responsible to maintain proper balanc- ing tank water chemistry and keep the interactive water feature, pump vault and balanc- ing tank swept and vacuumed clean until the project substantial completion and the in- teractive water feature is turned over to the owner. 1.04 MEASUREMENTS: During bidding, the contractor shall examine the site and compare it with the drawings and specifications. Verify all dimensions shown on Drawings by taking field measure- ments; proper fit and attachment of all parts is required. Before commencing work, check all lines and levels indicated and such other work as has been completed. Should there be any discrepancies, immediately report in writing to the Architect. 1.05 COORDINATION: Coordinate work with other trades (Electrical, Mechanical, Plumbing, General, etc.). Co- ordinate with the soils engineer, soils testing contractor and General Contractor to as- sure proper grading, soil properties, compaction requirements, membranes, and sub drain locations and installation before commencing work. 1.06 DELIVERY AND STORAGE: Deliver materials undamaged to the job site in each manufacturer’s unopened contain- ers. Inspect for damage and remove damaged items from job site. Store and adequate- ly protect undamaged materials against damage while temporarily stored at the site. Store materials off the ground under protective covers. 1.07 SUBMITTALS: Submit five (5) copies of manufacturer's performance data, specifications and installation instructions for each accessory and/or equipment specified. Submittal shall be, as a minimum, provided as one joined pdf format with the information as described above – with each cut-sheet identified for its intended use (individual pdfs are not acceptable and will be required to be resubmitted). Also see requirements of Division 1. Submittal shall be made to the Architect for approval prior to beginning any work on the pool. Submit for the following: 1. Pipe & Pipe Fittings 2. Valves, each type 3. Balancing Tank Fittings 4. Interactive water feature Frame & Grates 5. Interactive water feature Features / Fittings 6. Feature Controller 7. Variable Frequency Drive 169 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-3 8. High Rate Sand Filter 9. Pumps with and without integral hair and lint strainers 10. Hair and Lint Strainers 11. Basket Strainer 12. Chemical Controller w/ sensors (complete with water level control) 13. Chemical Feeders 14. Chemical Storage Vessels 15. Chemicals (MSDS Sheets) 16. Ultra Violet (UV) Disinfection System 17. Flow Meter Sensor 18. Gauges, Meters and Instrumentation 19. Pre-Fabricated Concrete Balancing Tank (with access hatch and grated vent) 20. Pre-Fabricated Concrete Pump Vault (with access hatch) 21. Pipe Penetration Seals and Sleeves 22. Waterproofing Materials 23. Sealants and Caulking 24. Expansion Joint Materials 25. Waterstops 26. No Running Tiles 27. Interactive Water Feature Area Safety Signs 28. Chemical Room Safety Signs 29. Cleaning Equipment including Portable Vacuum 30. Water Test Sets 31. Concrete Experience Data 32. Quality Assurance Information 33. Non-structural Components a. Provide the details and engineering calculations (wet stamped and signed) for all non-structural components permanently attached to structures and their supports and attachments, designed to resist the effects of earthquake motions in accord- ance with ASCE 7-05. b. Submit to building department as a deferred submittal (if required by building in- spector). Product Sample Submittal 1. Interactive water feature Finish: Concrete Mock-Up Submit one 24” x 24” mock-up with a finishes as called for in the project document. Submittal of sample shall be made to the Landscape Architect for approval prior to be- ginning any work on the interactive water feature. 1.08 SUBSTITUTIONS: If any contractor wishes to submit a substitution / equivalent / or an alternate recircula- tion system, filter, and/or water feature item, the contractor shall submit plans and speci- fications to the Architect for approval at least ten (10) days prior to the bid date. Said plans and specifications shall be for this specific project, and show the installation of the proposed equipment. All changes required in the interactive water feature structure and in the building construction shall be listed in order to determine the extra costs or sav- ings thereof. Substitutions, equivalents, and alternates submitted for the interactive wa- ter feature system shall also include all of the submittal information required in Section 13 1113, Paragraph 1.07 (with the exception of the full shop drawings) to the Architect for approval at least ten (10) days prior to the bid date. 170 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-4 Whenever the words “or equal,” “or approved equal” appear in the specification or plans, they shall be interpreted to mean material or an item of equipment equal in quality to that named. The burden of proof of quality or service shall be on the supplying contactor. Proof of inequality is not implied by the specifications and is not a burden of the owner or his representatives. The Architect shall be sole judge as to whether or not an item sub- mitted as an equal is acceptable. If the Interactive water feature Contractor submits a substitution on an “equal” basis, he shall assume all risks involved should the architect find it not acceptable. The Interactive water feature Contractor shall assume all costs for charges in drawings and specifications affected by the substitution, and the cost in- crease, if any, on adjoining work. 1.09 PATENTED MATERIALS: The Interactive Water Feature Supplier/Contractor shall pay all royalties and license fees. The Interactive Water Feature Contractor shall defend all suits or claims for in- fringement of any patent rights and shall save the Owner, the General Contractor, the In- teractive water feature Engineer, and the Architect harmless from the loss on account thereof, except that the Interactive water feature Contractor shall not be responsible for all such loss when a particular manufacturer or manufacturers is specified. But, if the In- teractive water feature Contractor has reason to believe that the design, process, or product specified is an infringement of a patent, he shall be responsible for such loss un- less he promptly gives such information to the General Contractor, Interactive water fea- ture Engineer, Owner, and Architect. Also see General Conditions and Division 1. 1.10 GUARANTEE: Provide Guarantee / Warranty per GENERAL CONDITIONS, and per each individual piece of equipment and/or accessory as listed by manufacturer. 1.11 INSPECTION: Examine all sub surfaces to receive work and report in writing to the Architect any condi- tions detrimental to work. Failure to observe this injunction constitutes a waiver to any subsequent claims to the contrary and will make this Contractor responsible for any cor- rections the Architect may require. Continuation of work will be construed as acceptance of all sub surfaces. 1.12 QUALIFICATION OF INTERACTIVE WATER FEATURE CONTRACTOR: The apparent low bidder shall deliver to the Architect, Owner, & Interactive water feature Engineer for approval the following experience data in writing within 24 hours after the bid opening, for verification of experience of the Interactive water feature Contractor: 1. That the interactive water feature contractor shall be a licensed commercial swimming pool contractor. 2. That the prospective bidder has demonstrated suitable technical experience by having successfully installed at least two (2) interactive water features of the ma- terial, design, and extent to that indicated for this project within the past three years. List the principals to contact regarding said interactive water features so 171 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-5 that proper inquiries can be made as to their completion, interactive water feature technology used, operation, etc., relative to such construction. 3. Only interactive water features constructed by the firm submitting the bid will be considered. Interactive water features by another company or individual in the employ of another concern shall not be considered. 4. A list of the major public pool and interactive water feature jobs he currently has under contract, the amount of the contracts and the current percentage of completion. The interactive water feature contractor shall provide a qualified project manager throughout the contract period with experience managing projects with the construction type, size and scope similar to this project. The project manager shall be on site as re- quired to assure proper coordination, scheduling, and performance of work. The interactive water feature contractor shall be bondable and shall furnish a letter of intent to furnish 100% Performance and Payment Bond from their bonding agency. The interactive water feature contractor shall furnish proof of all liability insurance, etc. and also that of any subcontractor. Also see General Conditions and Division 1. 1.13 CODES AND STANDARDS: Comply with the provision of the codes, specifications, and standards of the ANSI/NSPI standard, the current International Building Code standards, International Fire Code Standards, Local Building Department standards, and State/County Department of Health standards for public swimming pools, and other applicable codes and regulations and as shown on the drawings and/or hereinafter specified. In addition to those standards referenced above, work in this section shall conform to requirements of the following reference standards, as applicable, unless otherwise re- quired herein or on the drawings. Unless otherwise indicated on the drawings, or speci- fied, furnish the highest or best grade of material specified in referenced standards. 1. American National Standards Institute (ANSI): a. A13.1-81 Scheme for the identification of Piping Systems 2. American Society for Testing and Materials (ASTM): a. A36-81A Structural Steel b. A120-83 Pipe, Steel, Black and Hot-Dipped Zinc-Coated Welded and Seam- less, for Ordinary Uses c. A123-78 Zinc (Hot Galvanized) Coatings on Products Fabricated from Rolled, Pressed, and Forged Steel Shapes d. A153-82 Zinc Coating (Hot-Dip) on Iron and Steel Hardware e. A386-78 Zinc Coating (Hot-Dip) on Assembled Steel Products f. D1785-81 Rigid Polyvinyl Chloride (PVC) Compounds and Chlorinated Polyvinyl Chloride (CPVC) Compounds g. D1785-83 Polyvinyl Chloride (PVC) Plastic Pipe, Schedules 40, 80, and 120 h. D2464-76 Threaded Polyvinyl Chloride (PVC) Plastic Pipe Fittings, Schedule 80 i. D2467-76A Socket-Type Polyvinyl Chloride (PVC) Plastic Pipe Fittings, Schedule 80 j. D2564-80 Solvent Cements for Polyvinyl Chloride (PVC) Plastic Pipe and Fit- tings 172 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-6 k. D2774-04 Underground Installation of Thermoplastic Pressure Piping l. F1668-96 Construction Procedures for Buried Plastic Pipe m. F2376-08 Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems. n. F2461-09 Manufacture, Construction, Operation, and Maintenance of Aquatic Play Equipment. o. C94 Standard Specification for Ready-Mix Concrete 3. Manufacturers Standardization Society of Valves and Fittings Industry (MSS): a. SP-58-1983 Pipe Hangers and Supports - Materials and Design b. SP-69-1983 Pipe Hangers and Supports - Selection and Application 4. National Fire Protection Association (NFPA): a. National Electric Code (NEC) (applicable adopted year of publication) b. National Fire Protection Association (NFPA) - Standard No. 704 5. Other Codes and Standards: a. Montana State Swimming Pool Code b. Model Aquatic Health Code – current adopted issue c. NSF - Standard 50 & Standard 61 d. U.S. EPA - Clean Water Act e. UFC - Article 80 f. American Public Health Association Public Swimming Pools: Recommended Regulations for Design and Construction, Operation and Maintenance” g. WWA - Construction for Operating Safely h. IAPMO Standard IAPMO / ANSI Z 124.7-1997 for a fiberglass reinforced plastic spa pool i. OSHA 29 CRF - Hazard Communication Standard j. International Swimming Pool and Spa Code (ISPSC) – current adopted issue. k. US EPA - SARA Title III l. UFC - Standard No. 79-3 m. National Sanitation Foundation - Standard Number 50: Circulation System Components for Swimming Pools, Spas, or Hot Tubs: NSF Listings: Swimming Pools, Spas, and Hot tubs n. FIFRA - Worker Safety Regulations o. National Electrical Code (NEC) (applicable adopted year of publication) Article 680: Swimming Pools, Fountains, and Similar Installations p. US EPA - 40 CFR 122.26 q. OSHA - CFR 1910.146 r. APHA - Model Swimming Pool Code w. CDC - Proper Swimming Pool Design t. CDC - Water Slide Flumes u. CDC - Public Spas and Hot tubs v. UL - Green Book w. UL - Yellow Book x. The Chlorine Institute - Safety at Nonresidential Pools y International Building Code (IBC) applicable adopted year of publication z. International Fire Code (IFC) applicable adopted year of publication 1. Chapters on Hazardous Materials, Corrosive Materials, Oxidizers and any other applicable chapters aa. ANSI - Standard 14.3 for Ladders and Safety Equipment bb. ASME - Standard A13.1 for pipe labeling and marking code 173 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-7 1.14 RELATED WORK AND RESPONSIBILITIES OF THE GENERAL CONTRACTOR: General responsibilities of the General Contractor shall be as follows: Harmful Chemicals: No contractor or his workmen shall place any acid or alkaline chem- icals or oil in contact with interactive water feature which will be injurious to the interac- tive water feature or interactive water feature materials. Contact with Other Systems: General Contractor shall not hang or connect pipe, electri- cal conduit, or any other materials to the interactive water feature system. The General Contractor shall furnish labor, material, services, equipment, and applianc- es necessary to perform the following work in connection with installation of the interac- tive water feature, as required by the approved drawings and specified herein: Locations: General Contractor shall be responsible for horizontal dimensions and grade elevations accurately from established lines and bench marks, as required by the draw- ings, and be responsible for those grades. Safeguards: Provide, erect and maintain all necessary barricades, signs, lights and flares to protect workmen and the public. The general contractor is responsible for implementing and enforcing a confined-space entry safety plan per OSHA prior to performing any work in the balancing tank or the pump vault. Provide temporary light, heat, water, and power service to installation area, as may be needed for construction. Provide water to fill the interactive water feature balancing tank. Precaution: Do not bring in or operate compaction equipment, trucks or other heavy equipment within five feet of the interactive water feature, its components, the balancing tank or pump vault. Responsibility for Damage: The General Contractor shall protect the interactive water feature from damage during surrounding construction, back-filling and deck installation and shall be responsible for the cost of repairs for damage to the interactive water fea- ture caused by his construction equipment and/or workmen. Sub-Drain: General Contractor shall provide and install permanent sub-drain system un- derneath the interactive water feature, balancing tank and / or pump vault in areas where there is a potential for groundwater. Site Preparation: The General Contractor shall provide all site preparation per the rec- ommendations of an owner provided site specific project soils report to ready the site for the interactive water feature excavation and interactive water feature installation re- quirements. Also see Section 2300 –Earthwork. This includes all demolition and remov- al of existing materials as indicated on the plans. Site Preparation Structural Backfill: Also see Section 2300 –Earthwork. General Con- tractor shall thoroughly compact any backfill that is around or supports any interactive 174 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-8 water feature piping equipment or components to 95% Modified Proctor. It shall be compacted in 8” loose layers to 95% of maximum dry density based on ASTM D1557. All fill shall be tested. Contractor will be responsible for any damage to the work as a re- sult of that compaction. The General Contractor shall provide all site preparation backfill per the recommendations of an owner provided site specific project soils report to ready the site for the interactive water feature excavation and interactive water feature installa- tion requirements. Disposal: Remove excess and unsuitable soil and materials. Dispose of said materials on or off the site as directed by the Architect or Owner. This includes excess soil as a result of the interactive water feature, pump vault and balancing tank excavation. Inter- active water feature contractor is responsible to stockpile excess soil on site at General Contractor’s direction. Concrete Work: General Contractor shall construct backwash pit of reinforced concrete as per Architectural drawings, interactive water feature drawings and structural draw- ings. Coordinate between all drawings and notify architect immediately if a discrepancy is found. Backwash Pit: General Contractor shall provide and install continuous Ribbed Center- bulb water stops at all joints of the backwash pit. The waterstops shall be compatible with the concrete system, the liquids and/or chemicals to be contained or controlled, and be able to be subjected to the hydrostatic pressures created within the pit. The General Contractor shall fill any holes created by form ties with neat cement. Concrete finish of backwash pit shall be as smooth as possible as to receive two coats of waterproofing in accordance with manufacturer’s directions (waterproofing by Interactive water feature Contractor). The General Contractor shall coordinate with the interactive water feature contractor for method of finishing pit. The General Contractor shall provide removable, non-corrosive grating over the back- wash pit opening. Provide floor drains in the backwash/evacuation pit. Chemical Storage Rooms: Chemical storage rooms and hardware shall be constructed of corrosive-resistant materials. Walls shall of non-corrosive construction, resistant to the effects of storage of a corrosive material. Separate ventilation of each chemical roof shall be provided. . Sleeves: Install the sleeves necessary for required piping in the building walls. The In- teractive water feature contractor will provide all sleeves. The General Contractor shall coordinate locations with the interactive water feature contractor. If the Interactive water feature Contractor fails to coordinate this work with the General Contractor and provide the required sleeves, couplings, and O-rings and the required sleeves are not installed, the Interactive water feature Contractor is responsible for con- crete removal and installation of the sleeves or for any core-drilling required (only if al- lowed by structural engineer). If the General Contractor fails to install the sleeves, couplings, and O-rings as coordinat- ed by the Interactive water feature Contractor, the General Contractor is responsible for concrete removal and installation of the sleeves or for any core-drilling required (only if allowed by structural engineer). 175 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-9 Equipotential Bonding Grid: The General Contractor shall provide the equipotential bonding grid around the interactive water feature perimeter per the requirements of the National Electric Code, Article 680. Deck Slab: Surrounding deck slabs shall be placed after interactive water feature instal- lation has been completed, including the deck expansion joints with polysulfide sealant, as detailed on the interactive water feature plan and details. Protecting Interactive water feature: Contractor shall take every practical precaution to prevent concrete from spattering on the finishes, etc., including covering same with pro- tective materials. If splash occurs, wash off while still wet, any concrete which appears on these elements. Any damaged or broken material shall be immediately repaired. Clean-up: Keep the interactive water feature excavation and interactive water feature free of construction residue and waste materials of his workmen or sub-contractors, re- moving said material from the interactive water feature should it collect. Site Storage: Protect materials and equipment stored on job site. Coordination at Start-up: Provide representative at time of interactive water feature start-up to coordinate work related to interactive water feature system. 1.15 RELATED WORK AND RESPONSIBILITY UNDER MECHANICAL / PLUMBING DIVISION: General responsibilities of the Mechanical/Plumbing contractor shall be, but not limited to, as follows: Harmful Chemicals: Mechanical/Plumbing Contractor shall not place any acid, alkaline chemicals or oil in contact with the interactive water feature which will be injurious to in- teractive water feature or materials. Contact with Other Systems: Mechanical/Plumbing Contractor shall not hang or connect pipe, electrical conduit, or any other materials to the interactive water feature system un- less specifically approved in writing. The Mechanical/Plumbing Contractor under Mechanical Division shall perform the fol- lowing related work in accordance with plans and specifications: Provide drains and connect waste piping from equipment room floor drains, backwash pit drain and pump vault drains to sanitary sewer lines. Provide drains and drain lines from outdoor interactive water feature deck drains (as re- quired) to storm sewer line. Provide separate ventilation of each of the chemical storage rooms to the outside. Provide ventilation of the pump vault. 176 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-10 Supply and install emergency shower/eyewash with tepid water and drain line at the lo- cations shown on the pool drawings. Furnish and run the potable water supply lines to the point or points shown on the draw- ings. Provide a hose bib(s) per code requirements. Coordination at Start-up: Provide representative at the time of interactive water feature start-up to coordinate work related to the interactive water feature system. 1.16 RELATED WORK AND RESPONSIBILITY UNDER ELECTRICAL DIVISION: General responsibilities of the Electrical Contractor under Electrical Division shall be, but not limited to, as follows: Provide electrical service (of adequate type and capacity required for the project) to equipment. Furnish all panels, start-stop stations, motor starters, line voltage conduit, disconnects, junction boxes, and wiring. Make all electrical connections to the interactive water feature circulation and feature equipment, including interlocking and line voltage control wiring at the direction of the in- teractive water feature contractor. The interactive water feature contractor is responsible for low voltage (non-line voltage) control wiring, connections and any required conduit. Be responsible for proper calibration, adjustment, and arrangement of terminal connec- tions of wires to control equipment. Perform all required grounding and bonding for pumps, filters, and other interactive wa- ter feature equipment in accordance with the National Electric Code Article 680 as well as state and local codes. Furnish and install a Ground Fault Interrupter (G.F.I.) for all required equipment together with any and all other outlets and equipment in or around the interactive water feature as per N.E.C. Article 680. Furnish and run all power to the chemical control system, chemical feed pumps, U.V. control system and control circuits to the support equipment. Interlock the chemical control system to the interactive water feature circulation pump as directed by the interactive water feature contractor. Interlock the chemical control system with the chemical feed system as directed by the interactive water feature contractor. Interlock the Ultra Violet Disinfection system controller to the circulation pump as de- scribed on the interactive water feature plans. Interlock the interactive water feature controller and components to the interactive water feature pump as directed by the interactive water feature contractor. 177 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-11 Furnish any temporary power needed by the General or Interactive water feature Con- tractor for de-watering, tools, etc., if required. The well point or de-watering equipment (if required) must be continuously operated dur- ing construction. Therefore electrical service for such equipment must be sufficient to provide continuous service exclusive of temporary electrical service requirements of oth- ers. Coordination at Start-Up: Provide representatives at the time of interactive water feature start-up to coordinate work related to interactive water feature system. 1.17 RELATED WORK AND RESPONSIBILITIES OF OWNER: General responsibilities of the Owner shall be, but not limited to, as follows: Harmful Chemicals: No one shall place any acid or alkaline chemicals or oil in contact with interactive water feature surfaces which will be injurious to the interactive water fea- ture or materials. Contact with Other Systems: No one shall hang or connect pipe, electrical conduit, or any other materials to the interactive water feature system unless specifically approved in writing by Interactive water feature Contractor. Provide the following personal safety items for Interactive water feature Operator’s use in handling chemicals: goggles, rubber aprons and rubber gloves. Acknowledge receipt of operating Instructions at time of start-up. The Owner shall provide the following repeated services: Provide the designated interactive water feature operator(s) to the interactive water fea- ture contractor for instruction and training at the time of initial filling. Make them available continuously (8:00 a.m. to 5:00 p.m. Monday through Friday) until acceptance of project. Maintain the watertight integrity of all interactive water feature deck joints around interac- tive water feature for the life of the interactive water feature to minimize differential set- tlement. 1.18 LAYOUT WORK: Before any interactive water feature excavation or construction is commenced, the Inter- active water feature Contractor shall layout the perimeter of the interactive water feature. Interactive water feature area shall be excavated to an even grade. 1.19 EXCAVATION AND GRADING: All labor and necessary equipment for rough machine excavation of interactive water feature areas, the interactive water feature balancing tank and the pump vault shall be provided. Also furnish all necessary labor and equipment required for hand trimming of interactive water feature excavation. The Contractor shall be fully responsible for direct- 178 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-12 ing all excavation operations in order to obtain proper depths and contours for the inter- active water feature. The contractor is responsible for removal of excess soil to a location on site. Removal of excess soil and materials from the site is the responsibility of the General Contractor and shall be done as directed by the Architect/Owner. Any voids which may occur due to over-excavation or from removal of boulders shall be filled with a lean mixture of concrete or earth compacted to 95% Proctor. A tolerance of plus one inch shall be allowed in the excavation sub grade. 1.20 PLACE FITTINGS: The Interactive water feature Contractor shall place, before the concrete work is com- menced, all piping, fittings, nozzles, all special interactive water feature equipment, etc., that are to be embedded in concrete and shall be responsible for their positioning in ac- cordance with the drawings. 1.21 GROUNDING AND BONDING: After placing interactive water feature reinforcing, but before placing concrete surfaces, the General Contractor shall install all the bonding and grounding circuits required for steel reinforcement and all other metal and electrical items in or around the interactive water feature. The contractor shall extend the bonding and grounding systems to the equipment room in accordance with the requirements of the National Electrical Code, Ar- ticle 680. No concrete shall be applied to interactive water feature surfaces until this re- quirement is complied with and the proper electrical inspection has been made and ap- proval received. 1.22 BACKFILL: Any necessary backfill around water balancing tank walls shall be a granular backfill. Granular backfill shall be a 'pea" gravel or ¾” to 1½” minus gap-graded gravel, or as specified by the Soils Engineer. Any back filling around water balancing tank and pump vault walls is the responsibility of the General Contractor (per Section 1.12 RELATED WORK AND RESPONSIBILITIES OF THE GENERAL CONTRACTOR). 1.23 DEWATERING: If the interactive water feature, pump vault and/or balancing tank is constructed in a hy- dro-static area, the Interactive water feature Contractor shall install the necessary gravel pack well point or points and permanent piping for his use during construction. A readily accessible connection to this system for the future use of the Owner shall be provided. The method of this de-watering system shall be approved by the Architect and Interac- tive water feature Engineer prior to excavation. Also see Civil Drawings and/or Mechani- cal Drawings for sub-drain designs. PART 2 - MATERIALS AND METHODS OF INSTALLATION: 179 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-13 2.01 STEEL REINFORCEMENT: All reinforcing steel shall be standard sizes of deformed bars equal to the requirements of the "Standard Specifications for Billet Steel, Concrete Reinforcement”, intermediate grade, serial designation A615 with required grade designation per plans as adopted by the American Society for Testing Materials. All reinforcing steel shall be in place before concrete placing is commenced, shall be new, free from dirt, oil, paint, and mill scale, shall be positioned and of the size indicated on the drawings, and secured by not less than 16 gauge annealed tie wire. Metal chairs or concrete blocks shall be used to insure proper spacing. Slab steel shall be securely wired together at as many points as necessary where bars cross to insure their maintaining their position. Splices shall be staggered a minimum of 4’-0”, and laps shall be not less than 40 diameters. 2.02 SPECIAL INSTRUCTIONS: After placing interactive water feature reinforcing and water feature footing reinforcing, but before pouring concrete surfaces, the Interactive water feature Contractor shall in- sure proper bonding and grounding circuits have been provided and tested for continuity by the Electrical Contractor to steel reinforcement, slab, fittings, nozzles, free standing features, and all other metal and electrical items in or around the interactive water fea- ture, as required by the National Electrical Code, Article 680. No concrete shall be ap- plied to interactive water feature surfaces or feature footings until requirement is com- plied with. Also see Electrical Division. 2.03 CEMENT: All cement for concrete work shall conform to the requirements of the “Standard Specifi- cations for the Portland Cement", serial designation C-150 of the ASTM and shall be Type 1, and, except where transit-mixed concrete is to be employed, shall be delivered to the job site in original packages adequately protected from the weather during stor- age. 2.04 INTERACTIVE WATER FEATURE CONCRETE: The sub grade shall be thoroughly wetted before concrete is placed. The concrete shall have a water-reducing retarder added, Plastiment or equal, at a min- imum rate of two fluid ounces per bag of cement, per manufacturer’s recommendations according to the day time temperatures. Exact proportions of four to eight fluid ounces shall be determined by test at the job site. The concrete mix shall contain an average of 3% air entrainment, with no more than a 3½” slump, and a minimum 28 day strength of 4,000 p.s.i. After finishing, the floor shall be covered with plastic sheeting for a period of five days. No curing compound will be allowed. 2.05 OTHER CONCRETE: 180 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-14 Furnish and place any required concrete for anchor blocks, water features, etc. as indi- cated on drawings. Provide thickened slab under play feature supports as required by the manufacturer. Concrete shall be a mix developing a minimum strength of 4,000 PSI at 28 days. 2.06 INITIAL CURING: All structural concrete shall be kept continuously wet for a minimum period of seven days, or as necessary to insure proper initial cure or adequate coverings with plastic sheeting through the curing period. No curing compound will be allowed. 2.07 INTERACTIVE WATER FEATURE DIMENSIONAL TEST: Check size and dimensions of interactive water feature for deviations from design draw- ings as directed by Architect. Corrections shall be made if directed. 2.08 INTERACTIVE WATER FEATURE APPEARANCE: Interactive water feature shall be free from cracks, honeycombing, spills, voids, and oth- er defects. The interactive water feature shall have a non-slip surface. 2.09 INTERACTIVE WATER FEATURE DECK EXPANSION JOINT and JOINT SEALER: All expansion joint material, joint sealer primer and joint sealer primer shall be resistant to the effects of chemically treated water. The joint material shall be Deck-O-Foam, by W.R. Meadows, sized per the requirements of the architect. Joint sealant shall be either two-part Deck-O-Seal 125 (polysulfide sealant) or two-part Deck-O-Seal Gun Grade (polysulfide sealant). Color selection by the architect. Standard colors are Dura-White, Stone Gray and Desert Tan. Jet Black and Redwood are available upon special order). Before applying the joint sealer, apply a two-part P/G epoxy primer by W.R. Meadows per the manufacturer’s recommendations. 2.10 TILE (IF USED): Acceptable tile manufactures for deck markings are In-lays, Inc. or approved equal. All tiles shall be resistant to chemical attack, shall have a water absorption of 0.5% or less, resist fading, and be designed for use in an interactive water feature environment. All setting and laying of tile, and all materials and labor required for completion of the tile work shall be in accordance with the latest basic specifications issued by the Tile Manu- facturer's Association, except as otherwise noted herein or shown on the drawings. All work shall be performed by mechanics skilled in the trade. Tile shall remain whole and firmly in place. Tile shall be placed flush and even with each other, parallel to the deck surface, and shall have clean cuts. Grout lines of tile shall line up unless otherwise ap- proved by the Architect. Tile shall be placed flush and even with each other within a tol- erance of plus or minus one-eighth inch. All tile shall be frost-proof. 181 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-15 Provide waterproofing compound to provide watertight finish. All waterproofing, adhe- sives, tiles, and grouts used in the interactive water feature shall provide a water tight finish and shall be suitable for use in freeze/thaw climates. Setting materials: Flexible acrylic Latex Portland Cement Mortar: Mapei – KERABOND/KERALASTIC, white color, two component flexible mortar system conforming to ANSI A118.10 stand- ards or approved equal. Flexible Fast Setting Latex Hydraulic Mortar: Mapei – KER 318 GRANI/RAPID, white color, two-component, flexible latex hydraulic thin-set mortar conforming to ANSI A118.10 standards or approved equal. Grouting materials: Sanded Tile Grout: Mapei – KER200 polymer-modified sanded Portland cement grout conforming to ANSI A-118.6 standards or approved equal. Fast Curing Sanded Tile Grout: Mapei – KER 700 Ultra/Color polymer-modified hydrau- lic sanded tile grout conforming to ANSI 118.6 standards or approved equal. 2.11 WATER FEATURE ROCKS (IF USED): Large rocks and boulders are to be selected by the landscape architect. All rocks and boulders shall conform to the regulations as set forth by the local health department. The placement of the rocks shall be under the direction of the landscape architect for size, placement and orientation. PART 3 - INTERACTIVE WATER FEATURE PIPING: 3.01 EXCAVATION, BACKFILL, PIPE TESTING AND LINE FLUSHING: Make required pipe trench excavations and backfill. No backfilling of pipe trenches shall be made until the piping has met the proper pressure test. Backfilling of trenches shall be done in accordance with the requirements specified in Section 2. All interactive water feature feature piping, circulation system piping and water piping shall be given pressure tests. All piping leading to and from the splash pad / river feature shall be flushed clean of oil, pipe cuttings, and other foreign matter. Any stains on the interactive water feature finish due to foreign material from the piping are not acceptable and any stained surfac- es shall be cleaned at the Interactive water feature Contractor's expense. 3.02 FRESH WATER LINES: Reduced-pressure, backflow-prevented, potable water lines and valves shall be installed from the juncture point with the potable water lines as shown on the plumbing drawings to proper locations in the interactive water feature filter equipment room as shown on the drawings. See Plumbing Division for material types to be used, point of connections, ad- ditional requirements. The fresh water lines and manual shut off-valve shall be installed to the point of connec- tion shown on the plumbing drawings by the Plumbing Contractor. Interactive water fea- ture contractor shall extend piping from this point of connection to locations noted on the interactive water feature drawings. All fresh water piping shall be completed in accord- ance with Plumbing Division. Interactive water feature contractor is responsible for coor- 182 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-16 dination with the Plumbing contractor to assure installations are provided and properly located. 3.03 INTERACTIVE WATER FEATURE PIPING: Furnish and install all piping, pipe fittings, and valves from the interactive water feature fittings to the junctures indicated on the drawings. Make necessary pipe trenching and do necessary back-filling, including sand bedding at 95% compaction, as required for piping and other work as hereunder specified to complete the interactive water feature plumbing installation as shown on the drawings and in the specifications. Piping is shown on drawings in diagrammatic form (U.O.N.) to indicate work to be done rather than show exact routing and locations. Make use of all data in contract documents, veri- fy against developed field conditions, and install work in an orderly arrangement in a manner to overcome structural and mechanical interference. Piping and necessary valves should be placed such that the interactive water feature can be winterized (includ- ing all piping and components). All piping and components shall be installed in a manner to avoid freezing. Also see division 2 for additional pipe trenching requirements 3.04 OUTLETS AND RETURN PIPING: All feature piping for the interactive water feature supply (return) piping and fittings shall be NSF approved Schedule 80 PVC as shown on the drawings. All interactive water fea- ture circulation piping and fittings to and from the balancing tank shall be NSF approved Schedule 40 PVC as shown on the drawings. All piping shall be as manufactured by R & G Sloane, Spears, or approved equal. All piping under or in interactive water feature shall be fully encased in concrete unless otherwise noted on the drawings. All piping connections shall be solvent welded. Gasketed pipe is not acceptable. If building codes, fire codes, or other codes require CPVC or other type of piping through certain building spaces, the most stringent code shall govern, and the contractor shall provide the type required by code. The contractor shall notify interactive water feature engineer to verify compatibility with other materials and chemicals being used in the sys- tem. All piping to and from the interactive water feature shall be hydrostatically tested at 50 p.s.i. before any pipe is concealed. Pipe shall be maintained tight at this pressure for a minimum of 24 hours. All piping shall be maintained tight with 5 p.s.i. of pressure throughout the remaining construction period. Pressure Tests: Hydrostatically test all water piping systems. Do not pneumatically pressure test. Conduct tests in accordance with ANSI B31.1 and as follows: Test piping systems after the lines have been cleaned as herein before specified. Test the piping system at a pressure of 25 p.s.i. with water not exceeding 100 deg. F. Before tests, re- move or isolate gages, traps, and other apparatus subject to damage by test pressure. Install calibrated test gage in system to observe any loss of pressure. Close off system and retain required pressure for one hour minimum and then inspect all joints and con- nections for leakage. Maintain specified pressure in all lines for a minimum of 24 hours. Maintain 5 p.s.i. pressure in all lines throughout the remaining construction period. Each trade should verify the pressure maintenance before and after completion of work to in- sure piping integrity. All failures shall be satisfactorily repaired and the complete test performed again. Contractor shall log and maintain records of pressure test on site and 183 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-17 maintained in contractors job file. Such logs shall be presented to engineer upon re- quest. Test Gages: Pressure test gages shall be currently certified as being accurate to within 1 percent of their full scale. Use gages with maximum scale between 1-1/2 and 2 times the test pressure. Factory Tests: Factory test prefabricated piping sections and fittings to ensure compli- ance with this specification and to prove integrity of joints. General: The Interactive water feature Contractor shall furnish all equipment and appa- ratus required for performing the inspections and tests, except water supplied by Owner, and shall correct all defects and repeat respective inspections and tests, as required for final approval. 3.05 FILTER ROOM PIPING AND FITTINGS: The filter room piping shall be Schedule 40 PVC, Schedule 80 PVC, or CPVC with flanged PVC or CPVC fittings. All metal bolts, connectors, and other fasteners shall be stainless steel. All PVC piping connections shall be solvent welded and flanged. Gas- keted pipe is not acceptable. Filter room piping shall be identified by labelling, tagging, and/or color coding. Piping flow shall be indicated by directional arrows on the piping. 3.06 CHEMICAL SOLUTION PIPING: Chlorine and hydrochloric acid piping shall be Schedule 80 PVC pipe and fittings (sol- vent weld). Chorine and hydrochloric acid tubing and fittings shall be polypropylene. All Chemical piping that runs underground (or in inaccessible locations) shall be double containment piping. Underground or inaccessible double-containment piping shall be oversized and use sweep elbows to allow chemical tubing to be pulled through the pip- ing in the future. Chemical solution piping and tubing contents shall be identified by color coding and/or tagging. Flow direction of chemical solution piping and tubing shall be provided. The pip- ing and tubing identifications shall be in compliance with all applicable requirements of local codes, health department, the IFC and ASME A13.1. Chemical solution piping shall be installed with clip supports or hangers at 4’-0” c.c. max spacing. Chemical solution tubing shall be anchored to wall or ceiling @ 3’-0” c.c. max. 3.07 VALVES: All valves for interactive water feature piping 3" and smaller shall be PVC ball valves, ASAHI American “Omni” or approved equal. All valves for chemical piping 3” and smaller shall be PVC ball valves, ASAHI American “Omni” or approved equal. 184 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-18 All valves 4" and larger shall be butterfly valves ASAHI American “Pool Pro” or Spears, or approved equal. Butterfly valves are to be manufactured of PVC with reinforced disks with stainless steel shafts. Valves shall be capable to handle hydrostatic pressures up to 100 p.s.i. without leaking. Valve stems and extensions shall be of stainless steel with adequate support. Valves 4" and 6" shall be lever operated. Valves 8" and above shall be gear operated (except as noted on the plans). Valves 8" and above which are located in balancing tank shall be gear operated with handle extensions and the gear located above the concrete lid of the balancing tank. All check valves shall be Spears thermoplastic (PVC or CPVC) check valves, flanged type, with internal parts compatible with chlorine / chemically treated water. Pressure relief/sustaining valves shall be non-corrosive and resistant to treated water. Provide 0-75 psi adjustment range. All flange bolts and nuts shall be 304 stainless steel. All components in the balancing tank shall be PVC and stainless steel as indicated on the drawings or in the specifica- tions. Identify valves by tagging and/or color coding. 3.08 MAKING UP PIPE: All pipe shall be cleaned of scale, sand, dirt, and rust before installation. The ends of threaded pipe shall be reamed out full size, threads cut with new dies, and not more than two full threads shall be left exposed when the joint is made up. Offsets shall be made with fittings. Pipe shall not be bent at any time except where cop- per water tubing, Type L is used. Offsets may be bent, but the radius of the bend must be such that no deformation of the tubing shall occur. Joints for PVC Pipe: PVC pipe shall be cut square with a pipe cutter or a sharp saw. Free the joint of the feathered edged and ream to full size as necessary. Apply a cleaner and a liberal coat of solvent to the outside of the pipe and in the fitting making sure that the coated area is equal to the depth of the fitting socket. Insert the pipe quickly into the fitting and turn the pipe approximately 15 degrees so that the fitting does no push off the pipe. Do not interrupt the solvent welding of the joint once the solvent is applied. Wipe off all excess solvent to prevent weakening of the joints. Be sure that in going to the next joint that the pipe is not twisted, disturbing the last completed joint. Joints in copper water tubing shall be thoroughly cleaned and made tight with a good grade of tin-lead solder making sure that the entire joint is properly sealed throughout its full area. Joints in screw piping shall be made of the Grinnell Stainless Pipe Joint Cement. 3.09 PITCH OF PIPES: 185 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-19 Horizontal drainage lines shall be supported to a uniform slope. All piping shall be in- stalled so as to avoid unnecessary turns in order that friction loss may be kept at a min- imum. Piping shall be installed in order to prevent air traps. The minimum slope for all suction and return piping shall be a minimum 0.25% pitch. 3.10 PIPE HANGERS AND SUPPORTS: The pipe hangers shall be adjustable B-line Figure B3105 stainless steel or equal. Pipe supports shall be adjustable B-line Figure B3092 stainless steel saddle support with Fig- ure B3088T stainless steel stand or approved equal. Pipe hangers and supports shall be constructed of stainless steel and shall be located as needed to adequately support all piping and components. Interactive water feature contractor may fabricate special hang- ers or supports subject to approval of the Architect. PVC piping shall not be unsupported for lengths in excess of four (4) feet. Provide adequate supports and spacing as to avoid pipe sagging between supports and to support against the effects of water hammer. All interactive water feature piping larger than 3” must be supported for seismic loads in ac- cordance with the International Building Code. The Interactive water feature contractor is responsible for the design and installation of all seismic bracing. Design of seismic brac- ing shall be submitted to the building department as a deferred submittal if required by the building inspector. 3.11 ASSEMBLY AND INSTALLATION - EQUIPMENT: Furnish, assemble, and install a complete operational piping, filter circulation, chemical feed and sanitizing system and other mechanical equipment for interactive water feature as shown on drawings, and in accordance with the instruction furnished by the manufac- turer supplying such equipment. Drawings indicate in diagram form the desired ar- rangement of the principal apparatus, piping, and equipment, and shall be followed as closely as practicable, exercising care in the work to secure proper head room and space conditions and a neat and workmanlike arrangement of piping and valves. Furnish suitable tags for marking all valves. Provide identification and signs as required for the valves for the chemical solution piping per requirements of the International Fire Code, Section 27. Obtain complete instructions for installing and operating all mechanical equipment. No equipment shall be put into operation without the assistance of a qualified operator famil- iar with the operation of such equipment. PART 4 - INTERACTIVE WATER FEATURE FITTINGS: 4.01 TRENCH DRAIN FRAME AND GRATES (FITTINGS): Trench frames and grates shall be pvc unless otherwise noted on drawings. Secure all grates/covers to the frame with 304 stainless steel screws a minimum of 1 3/16" in depth. These screws shall be tamper proof. Submit patterns selections to the architect for selection. 4.02 BALANCING TANK INLET FITTINGS: 186 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-20 The balancing tank inlet fittings shall be custom assembled using PVC pipe per the de- tails on the drawings. The inlet openings shall be sized per plans. PART 5 - INTERACTIVE WATER FEATURE CIRCULATION / FEATURE EQUIPMENT: 5.01 ASSEMBLY AND INSTALLATION: Furnish, assemble, and install a complete operational pumping, piping, filter, chemical feed and chlorination system and other mechanical equipment for the interactive water feature as shown on the drawings, in accordance with the instructions furnished by the manufacturer supplying such equipment. Install seismic anchorage for piping, filters, chlorine storage tanks, acid storage tanks, and any other items indicated on drawings. Filtration and Chemical System Equipment shall be NSF listed. All metal connectors, bolts, washers, and other fasteners or anchors shall be stainless steel. The Interactive water feature Contractor shall be responsible for design installation of all seismic bracing for interactive water feature equipment. Design to be submitted as a deferred submittal as required by building official. Drawings indicate in diagram form the desired arrangement of the principal apparatus, piping, equipment, and shall be followed as closely as practicable, exercising care in the work to secure proper head room and space conditions and a neat and workmanlike ar- rangement of piping and valves. The filtration system shall be completely ready for oper- ation including all piping as shown on the drawings. Mark all lines with flow direction in- dicators. Furnish suitable tags for marking all valves. Obtain complete instructions for installing and operating all mechanical equipment from the manufacturer. No equipment shall be put into operation without the assistance of a qualified operating technician familiar with the operation of such equipment. 5.02 ELECTRICAL CONNECTIONS: The Interactive water feature Contractor shall furnish and install all interactive water fea- ture equipment / electrical motors, low voltage interlocks and control wiring, etc., as re- quired and specified, except as specifically noted otherwise for equipment described in this section of the specifications. The Electrical Contractor shall furnish and install all panels, starters, start-stop stations, disconnects, junction boxes, line voltage interlocks and the running of conduit and wiring to such motors, etc., and their connections, and furnishing such electrical equipment as specified and shown on the drawings. The Electrical Contractor shall be responsible for proper calibration, adjustment, and arrangement of terminal connections of wires to the control equipment. The Fountain Contractor shall provide conduit and wiring from the interactive water fea- ture activators to the controllers located in the equipment room. The Interactive water feature contractor shall make the low voltage connections. The circulation pump shall be electrically interlocked with the chemical feed system and the UV disinfection system control panel. Coordinate with electrical drawings and electri- 187 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-21 cal contractor to assure that this work is included in the electrical contractor’s scope of work. Any deficiencies should be communicated to the Architect and Engineers prior to bids being submitted. The Interactive water feature Contractor shall coordinate with the electrical drawings and the Electrical Contractor to ensure that all required components of the work are included and fully understood so that there are no deficiencies. No additional cost shall accrue to the Owner as a result of lack of coordination. The Interactive water feature Contractor and the Electrical Contractor shall complete the work so as to provide a complete oper- ating system with no additional cost to the Owner for field wiring required related to the equipment. 5.03 BALANCING TANK, PUMP VAULT AND BACKWASH PIT: The water-storage balancing tank shall be a prefabricated vault manufactured by Dura- crete, Amcor (Oldcastle), or equal. The manufacturer shall be responsible for the struc- tural design and exterior waterproofing of the balancing thank. The concrete tank shall contain a Xypex admixture, per Xypex manufacturer’s recommendations. Tank shall not be jointed in the middle of the tank. Any joints shall be above the shut-down water level. Tank shall include manhole hatch (as specified on plans) and plastic ladder rungs for access. When ordering the balancing tank, the Contractor shall inform the tank manufac- turer of the sizes and number of penetrations that will be field core-drilled into the sides of the tank. The water feature pump vault shall be a prefabricated vault manufactured by Duracrete, Amcor (Oldcastle), or equal. The manufacturer shall be responsible for the structural de- sign and exterior waterproofing of the pump vault. The concrete vault shall contain a Xy- pex admixture, per Xypex manufacturer’s recommendations. The vault shall have water- stops if jointed in the middle of the vault. Vault shall include a manhole hatch (as speci- fied on plans) and plastic ladder rungs for access. When ordering the pump vault, the Contractor shall inform the vault manufacturer of the sizes and number of penetrations that will be field core-drilled into the sides of the vault. The concrete construction of the backwash pit are not part of this specification section. See responsibilities of General Contractor listed elsewhere in this section. The Interactive water feature Contractor, however, is responsible to coordinate with General Contractor to assure proper installation of plastic waterstops in the backwash pit. The interactive water feature contractor shall also line the interior of the balancing tank and backwash pit with two coats of waterproofing. Prior to the application of waterproof- ing, the Interactive water feature Contractor shall notch any shrinkage cracks ¼” X ¼” and seal with W.R. Meadows “Deck-o-seal” two-part gun grade. Interactive water fea- ture contractor is responsible to coordinate with the General contractor to assure that the concrete finishes of the balancing tank and backwash pit are adequate for installing wa- terproofing in accordance with manufacturer’s instructions. The interactive water feature contractor shall provide the required sleeves, couplings, and O-rings and shall coordinate with the General Contractor as to their required loca- tions and elevations. The Interactive water feature Contractor is responsible for the in- 188 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-22 stallation of all mechanical seals around pipes and for assuring a watertight seal around all penetrations where mechanical seals are not required on the drawings. The General Contractor is responsible for the installation of all pipe sleeves, couplings, and O-rings that require installation prior to placement of concrete. The interactive water feature contractor shall provide to the general contractor all sleeves, PVC couplings with O- rings, and seals to be installed in the building wall as required and other locations shown on drawings. If the Interactive water feature Contractor fails to coordinate this work with the General Contractor and provide the required sleeves, couplings, and O-rings and the required sleeves are not installed, the Interactive water feature Contractor is responsible for concrete removal and installation of the sleeves or for any core-drilling required (only if allowed by structural engineer). If the General Contractor fails to install the sleeves, couplings, and O-rings as coordinated by the Interactive water feature Contractor, the General Contractor is responsible for concrete removal and installation of the sleeves or for any core-drilling required (only if allowed by structural engineer). 5.04 MODULAR / MECHANICAL SEAL: The mechanical seal shall consist of rubber links shaped to continuously fill the annular space between the pipe and the balancing tank and pump vault wall openings. Seal el- ements shall be constructed of EPDM rubber. The pressure plates shall be molded of glass reinforced nylon. Hardware shall be 316 stainless steel. When the pipe seal can be set prior to construction of the wall, utilize sleeves with integral hollow, molded water- stop ring 4 inches larger than the outside diameter of the sleeve itself. Sleeves shall be made of HDPE thermoplastic with reinforcing ribs (Century Line or equal). 5.05 CIRCULATION AND FEATURE PUMPS: All filter circulation pumps shall be electrically interlocked with their associated equip- ment per part 5.02 of this specification. Coordinate with electrical drawings and electrical contractor to assure that this work is included in the electrical contractor’s scope of work. Any deficiencies should be communicated to the Architect and Engineers prior to bids being submitted. Pumps: >/= 5 HP: Pumps 5 hp and greaters shall be premium efficiency compatible to be used with a VFD. Pump shall be non-corrosive, plastic commercial grade. Pumps shall be close coupled, self-priming, complete with an integral hair an lint strainer. Pump shaft shall be stainless steel. Nuts and bolts shall be stainless steel. Provide pumps with sealed ball bearings, continuous duty-rated, 3450 RPM, open drip-proof design, with an automatic reset for thermal overload protection. 5.06 VARIABLE FREQUENCY DRIVE (IF USED): A. General: The manufacturer of the VFD shall demonstrate a continuous period of manufacturing and development of VFD’s for a minimum of 35 years. An Automatic Energy Optimization (AEO) selection feature shall be provided in the VFD to minimize energy consumption in variable torque applications. Feature shall optimize motor magnetization voltage. This feature shall dynamically adjust output voltage in re- 189 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-23 sponse to load, independent of speed. Output voltage adjustment based on frequency alone is not acceptable for single motor VT configurations. Switching of the input power to the VFD shall be possible without interlocks or damage to the VFD at a minimum interval of 2 minutes. Switching of power on the output side between the VFD and the motor shall be possible with no limitation or damage to the VFD and shall require no additional interlocks. An Automatic Motor Adaptation (AMA) function shall measure motor stator resistance and reactance to optimize performance and efficiency. It shall not be necessary to spin the motor shaft or decouple the motor from the load to accomplish this optimization. Ad- ditionally, the parameters for motor resistance and motor reactance shall be user- programmable. The VFD shall have temperature controlled cooling fans for quiet operation, minimized internal losses, and greatly increased fan life. B. Protective Features: VFD shall have sealed electronics which used a heat sync to extract heat from drive, then cooled by a fan which also is connected to its own VFD. The drive’s electronics do not come in contact with ambient air, therefore a ventilation fan and filter is unnecessary. Drives that incorporate the use of a ventilation fan and filter shall not be equal. VFD shall have input surge protection utilizing MOV’s, spark gaps, and Zener diodes to withstand surges of 2.3 times line voltage for 1.3 msec. VFD shall include circuitry to detect phase imbalance and phase loss on the input side of the VFD. VFD shall have built-in DC Coils to reduce voltage ripple and increase capacitor life. Drives without DC Coils shall provide a 5% input line reactor. Automatic “No-Flow Detection” shall be available to detect a no-flow situation in pump systems where all valves can be closed. This shall be functional in closed loop control or when controlled by an external signal. Dry-pump detection shall be available to detect if the pump has run dry and trip the drive. A timer shall be included to prevent nuisance tripping. End-of-Pump curve detection shall stop motor when the pump is operating outside of its programmed pump curve. VFD shall include current sensors on all three-output phases to detect and report phase loss to the motor. The VFD will identify which of the output phases is low or lost. VFD shall auto-derate the output voltage and frequency to the motor in the presence of sustained ambient temperatures higher than the normal operating range, so as not to trip on an inverter temperature fault. The use of this feature shall be user-selectable and a warning will be exported during the event. Function shall reduce switching frequency before reducing motor speed. VFD shall auto-derate the output frequency by limiting the output current before allowing the VFD to trip on overload. Speed can be reduced, but not stopped. C. Interface Features: VFD shall provide an alphanumeric backlit display keypad (LCP) which may be remotely mounted using standard 9-pin cable. VFD may be operated with keypad disconnected or removed entirely. Keypad may be disconnected during normal operation without the need to stop the motor or disconnect power to the VFD. VFD Keypad shall offer an INFO key that, when pressed, shall offer the contents of the programming manual for the feature that is currently in the display. The contents shall explain the feature and how the settings can be made Keypad shall provide an integral H-O-A (Hand-Off-Auto) and Local-Remote selection capability, and manual control of speed locally without the need for adding selector switches, potentiometers, or other devices. 190 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-24 VFD Display shall have the ability to display 5 different parameters about the VFD or load including: GPM, amps, RPM’s, KWh, PSI, savings calculator, output voltage, or other values from a list of 92 different parameters. A red FAULT light, a yellow WARNING light and a green POWER-ON light shall be pro- vided. These indications shall be visible both on the keypad and on the VFD when the keypad is removed. Two-level password protection shall be provided to prevent unauthorized changes to the programming of the VFD. The parameters can be locked via a digital input and/or the unit can be programmed not to allow an unauthorized user to change the parameter set- tings. A quick setup menu with factory preset typical parameters shall be provided on the VFD to facilitate commissioning. Use of macros shall not be required. A digital elapsed time meter and kilowatt hour meter shall be provided in the display. VFD shall offer as standard an internal clock. The internal clock can be used for: Timed Actions, Energy Meter, Trend Analysis, date/time stamps on alarms, Logged data, Pre- ventive maintenance, or other uses. It shall be possible to program the clock for Day- light Saving Time / summertime, weekly working days or non-working days including 20 exceptions (holidays etc.). It shall be possible to program a Warning in case clock has not been reset after a power loss. D. Drive Inputs All inputs and outputs shall be optically isolated. Isolation boards between the VFD and external control devices shall not be required. There shall be six fully programmable digital inputs for interfacing with the systems ex- ternal control and safety interlock circuitry. Two of these inputs shall be programmable as inputs or outputs. The VFD shall have two analog signal inputs. Inputs shall be programmable for either 0 - 10V or 0/4-20 mA. One programmable analog output shall be provided for indication of a drive status. This output shall be programmable for output speed, voltage, frequency, motor current and output power. The analog output signal shall be 0/4-20 mA. The VFD shall provide two user programmable relays with 75 selectable functions. Two form ‘C’ 230VAC/2A rated dry contact relay outputs shall be provided. Drive shall be able to connect to auto backwash controller and automatically change to set backwash speed when called for. A digital flow meter with 4-20mA output can be connected to drive, and GPM may be displayed on drive screen. Drive shall be capable of using pressure transducers to monitor and control programs using these PSI inputs. E. Operation: Four complete programming parameter setups shall be provided, which can be locally selected through the keypad or remotely selected via digital input(s), allowing the VFD to be programmed for up to four alternate control scenarios without requiring parameter changes. Drive has up to eight programmable speeds that can be set to facility specific parame- ters. Separate speeds for backwash, off hours, or seasonal conditions may be initiated by relay input, sensor input, time, or manually. Drive may also send signals out to pro- tect other mechanical equipment such as heaters during backwash. Drive shall have ability to communicate remotely via Ethernet, Mod Bus, and RS 485 connections. Keypad may also be mounted remotely. 191 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-25 Drive has the ability to incorporate a fused bypass or circuit breaker bypass option. If activated, power will feed directly to the motor of the circulation pump and run at full speed. F. Service Conditions: The ambient operating temperature of the VFD shall be -10ºC to 50ºC (14 to 122°F), with a 24 hour average not to exceed 45ºC. Storage temperatures shall be -13° F (-25° C) to149/158° F (65/70° C). 0 to 95% relative humidity, non-condensing. Elevation to 3,300 feet (1000 meters) without derating. VFD’s shall be rated for line voltage of 525 to 690VAC, 380 to 480VAC, or 200 to 240VAC; with +10% to -15% variations. Line frequency variation of ± 2% shall be ac- ceptable. G. Quality Assurance: The manufacturer shall be both ISO-9001 and ISO-14001 certified. To ensure quality and minimize infantile failures on the jobsite, all VFD’s shall be com- pletely tested by the manufacturer. The VFD shall operate a dynamometer at full load and speed under elevated temperature conditions. H. Start-up, Support and Warranty A factory-authorized service technician shall perform start-up on each drive. Start-up costs provided with the bid shall include time and travel for the estimated number of vis- its required, but shall not be less than at least one half-day with travel. Additional labor or return trips to the site shall be billed at Danfoss' published straight-time rates. Upon completion, a start up service report shall be provided. A 1-year on-site warranty shall be provided such that the owner is not responsible for any warranty costs including travel, labor, parts, or other costs for a full 1 years from the date of installation. An additional warranty of up to 6 years is offered as an option. The cost of the warranty shall be included in the bid. Technical questions regarding drive installation and functions may be answered by con- tacting the Dan Foss Tech Support department, available 24 hours a day. 5.07 A BASKET STRAINER: Basket strainers shall be manufactured by Hayward. Strainer construction shall be PVC. Provide complete with optional Type 316 stainless steel, 20 mesh basket. Minimum 100 psi pressure rating. 5.08 FILTERS (MANUAL BACKWASH): The filter system shall be a pressure high-rate, permanent media filter equipped with a manual high-flow multi-port valve for backwashing filter. The filter system shall be the standard cataloged product of a company regularly en- gaged in the manufacturer of water filtration equipment with a minimum of five years of experience in manufacturing high-rate filters for public and institutional applications. The filter system shall be of the type suitable for a single grade of media, and shall be listed by the National Sanitation Foundation for a maximum flow of 20 gpm per square foot of filter area with a maximum 3 p.s.i. pressure loss across any filter tank at a flow rate of 20 gpm per square foot. 192 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-26 The filter system shall consist of a filter tank with internal distribution and collection sys- tems, operating valves, high-flow multi-port backwash control valve, pressure gauge, and air relief system. The filter media shall be of a single grade and consist of uniformly graded, angular shaped, crushed silica sand which shall be free of limestone or clay. Filter media shall be Grade #20, effective size .45 millimeter with a uniformity coefficient of 1.5 maximum. Once installed, the system shall be capable of withstanding, without damage or leakage, a 24-hour hydrostatic pressure test at a static load of at least 50 pounds per square inch. 5.09 FLOW METER: Sensor-Powered Flow Monitor & Sensor Flow meter shall be complete with sensor-powered remote flow indicator, polypropylene flow sensor and sensor installation fitting. The interactive water feature shall utilize the Chemical Controller as its circulation flow meter. Flow meter sensor shall be installed downstream from the filter and upstream from the chlorine and acid injection point. Flow meter sensor shall be installed with the manufac- turer recommended straight distances of pipe both upstream and downstream from the flow meter. 5.10 AUTOMATIC CHEMICAL CONTROLLER: A. GENERAL The water chemistry control system shall provide continuous monitoring and con- trol of sanitizers (standard ORP sensor), oxidizers, pH, temperature, system flow rate monitoring, total dissolved solids (TDS), turbidity, chemical inventory levels, surge tank water level, system pressures, and water chemistry balance calcula- tions. Installation of the system shall be per the manufacturer’s specification and no exceptions shall be allowed. A factory trained / authorized representative shall provide training to the owner. Requests for substitutions for the specified make and model will not be consid- ered unless equal to the specified system in every respect. Requests for substitu- tions must include a sample controller with all specified features; complete doc- umentation relating to all the specified features; and manufacturer’s sales litera- ture, engineering drawings and, installation, operation, and maintenance manu- als. Failure to provide these or any other information necessary to confirm that all specified features are provided will be cause for rejection of substitution request. B. CERTIFICATIONS The controller shall carry the following product certifications: · UL 61010-1 · (CSA) C22.2 Number 61010-1 C. SENSORS STANDARD SENSORS The controller shall come with pH, ORP, and temperature sensors meeting the following requirements: 1. pH The controller shall provide a measurement of pH by utilizing a sensor with the following characteristics: 193 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-27 · 0-14 sensing range · ABS body with 1/2” NPT process connection · Minimum of 32 millimeters of inorganic electrolyte gel. Organic elec- trolytes, susceptible to breakdown in the presence of strong oxidants, shall not be considered equal. · A porous Teflon liquid junction to provide a stable, low impedance ref- erence contact, and to prevent fouling and clogging of the liquid junc- tion · A silver / silver chloride (Ag / AgCl) reference element · A general purpose glass membrane pH sensing element · Operating temperature range of 32 to 136 degrees F (0 to 80 degrees C) · Operating pressure range of 0 to 100 psiG The controller shall continuously monitor, display and data log pH with 0.1 to 0.01 resolution (programmable). 2. ORP The controller shall provide a measurement of ORP by utilizing a sensor with the following characteristics: · -1000 to +1000mV sensing range · ABS body with 1/2” NPT process connection · Minimum of 32 millimeters of inorganic electrolyte gel. Organic elec- trolytes, susceptible to breakdown in the presence of strong oxidants, shall not be considered equal. · A porous Teflon liquid junction to provide a stable, low impedance ref- erence contact, and to prevent fouling and clogging of the liquid junc- tion · A silver / silver chloride (Ag / AgCl) reference element · A solid platinum or solid gold ORP sensing element with a minimum of 1 cm2 surface area. Platinum plated or gold plated sensing elements, which are susceptible to abrasives, shall not be considered equal · Operating temperature range of 32 to 136 degrees F (0 to 80 degrees C) · Operating pressure range of 0 to 100 psiG The controller shall continuously monitor, display and data log ORP with 1mV resolution. 3. Temperature The controller shall provide a measurement of water temperature by utilizing a sensor with the following characteristics: · 32 to 212 degrees F (0 to 100 degrees C) sensing range · 2 wire, 100 Ω resistive temperature detector (RTD) with a 0.00385 Al- pha The controller shall continuously monitor, display and data log temperature with 1 degree F resolution. OPTIONAL 4-20mA SENSORS The controller shall be capable of reading a total of four (4) of the following op- tional 4-20mA output sensor, or two (2) if the conductivity / TDS sensor is used. Provide the following Optional 4-20mA Sensor: 4. Liquid Level Sensor 194 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-28 The controller shall provide measurement of liquid levels for backwash holding tank by utilizing liquid level sensor(s) with the following characteristics: · Field configurable sensing range from 3 ft to 16 ft · Field calibration for various tank levels, shapes and sizes · Non-contacting sensing elements enclosed in PVC The controller shall continuously monitor, display and data log liquid level(s). D. USER INTERFACE 1. Standard Display The standard display shall be a backlit transflective LCD with 14 line. 40 al- pha/numerica graphical characters that will continuously display information re- lated to the following: · All installed sensor readings · Set points, with current control status · All active alarms, including time activated · Smart menus with integrated on-screen help. Contrast adjustment of the backlit LCD shall be provided through clearly marked keys on the front-panel without the need for access to internal controller circuitry. After initial adjustment, controller shall monitor internal temperature and automat- ically adjust contrast to prevent LCD blackout in extreme ambient temperature conditions. Controllers that do not include front-panel contrast adjustment and automatic temperature compensation shall not be considered equal. The standard user interface shall include single-touch access to Set Points, Re- lay Modes, Calibrations, Menu access, and Reset Fail/Safes. An alphanumeric keypad shall be provided for ease of system configuration. E. CONTROL FUNCTIONS 1. Water Chemistry A. pH Control: The controller shall continuously control pH. Chemical feed shall be configurable for feed-up, feed-down, or dual feed and either on/off or time-based proportional feed. B. Sanitizer Control: The controller shall continuously control sanitizer based upon the ORP reading, the amperometric sensor, or both with a bracketed control program. Chemical feed shall be configurable for either on/off or time- based proportional feed. C. Bracketed Sanitizer Control: With the amperometric ppm sensor, the controller shall be configurable for bracketed sanitizer control; The bracketed control algorithm shall allow either the ORP or ppm setpoint to be chosen as the primary control point, while using other parameter to create a secondary bounda- ry (min and max settings) that must be maintained in addition to the primary con- trol point. D. Sanitizer Booster Feed: The controller shall have a sanitizer booster pro- gram with selectable ORP and/or ppm set points with separate ending set points, allowing the option of the booster sanitizer to control to a lower set point while the primary system can recovers. E. Ozone / UV Control: The controller shall provide feed-up control of an ozone or UV system based upon ORP and/or ppm set points. A Fireman Cycle feature shall turn off the Ozone/UV relay 0 to 60 minutes (settable) prior to back- wash initiation or recirculation pump shutdown. The Ozone/UV control algorithm shall include an Energy Conservation mode, with on/off set time and secondary set point. 195 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-29 F. Super-chlorination: The controller shall have a programmable superchlo- rination function, based ORP or ppm superchlor setpoint, which is triggered manually. G. De-chlorination: The controller shall have a programmable dechlorination function, based upon ORP or ppm dechlor setpoint, which is triggered either manually or by the completion of the superchlorination function. H. LSI & RSI: The controller shall compute the Langelier Saturation Index and the Ryznar Saturation Index based upon current inputs and the Ca Hardness and Alkalinity entered by the operator. 2. Expanded A. Flow Monitoring: The controller shall continuously monitor, display, and datalog system flow, maintaining a total flow volume. A low flow alarm shall be operator settable, which can be programmed to disable chemical feeds. B. Surge Tank Monitoring: The controller shall continuously monitor, dis- play, and data log surge tank levels. C. Autofill: The controller shall automatically control a water makeup relay to add makeup water to maintain interactive water feature level set point, based up- on surge tanks (or equivalent) level, with an overfill delay feature. The controller shall provide a programmable alternate set point (4 event 28 day timer). D. Sensor Wash: The controller shall include a programmable sensor wash with start and end time, feed duration, and number of cycle to allow multiple feed cycles per day. 3. Energy Conservation A. Alternate Setpoints: The controller shall have alternate Sanitizer, Heater and Autofill setpoints, based upon a 4 event 28 day timer. B. Energy Conservation Mode: The controller shall have the capability to dis- able all mechanical and chemical functions during programmed conservation cy- cle. The Energy Conservation Mode shall include the ability to periodically moni- tor and satisfy all operation requirements based upon a programmed time schedule. 4. Main Recirculation Pump A. On-Off Control with Relay Controller shall provide the capability to interface to and control a recirculation pump with a programmable relay. The controller shall include the following capa- bilities, available as appropriate based up on installed sensors and implemented features: 1. Fireman Switch: The following events shall satisfy Fireman Switch timing requirements prior to turning off the recirculation pump: a. Energy Conservation Mode (24 hr, 7 day function) b. Manual Off 2. Immediate: The following events immediately turn off recirculation pump, regardless of Fireman Switch timing requirements: a. Surge Tank Level Low Alarm: Turn off pump immediately (surge tank is almost emp- ty) b. Strainer Vacuum High Alarm: Turn off pump immediately (possible en- trapment) c. Emergency Shut Down – Triggered by front panel Emergency Off: Turns off pump immediately (per Operator) B. Total Dynamic Head (TDH) Controller shall provide the capability to continuously monitor the Total Dynamic Head (TDH) of the main recirculation pump, directly calculated by the controller 196 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-30 from recirculation pump influent vacuum and filter influent pressure transducers. TDH shall be displayed on the user interface and recorded in data logs, with us- er-programmable High and Low TDH Alarm settings. C. VFD Interface with 4-20mA Signal Controller shall provide the capability to interface to and control a recirculation pump equipped with a Variable Frequency Drive (VFD) through a 4-20mA signal. The controller programming shall allow the operator to manage the VFD entirely from the water chemistry controller, by providing the following capabilities: · Programmable setpoint specified as either flow rate, effluent filter pressure, or fixed setting · Four programmable operator-triggered alternate profiles (“Manual Turndowns”) · Four programmable scheduled alternate profiles (“Scheduled Turn- downs”) · Override setting for backwash · Ramp up and ramp down settings · Minimum output setting Remote access to current VFD status and all VFD parameters shall be provided through the software provided with controller. The name of each alternate profile shall be changeable by the operator, so that VFD menus and data log entries are intuitive and recognizable by the users of the system. Systems that do not provide both local and remote management of the VFD through the water chemistry controller shall not be considered equal. F. CONTROL OUTPUTS 1. Relay Outputs The controller shall come with a total of 4 integral line or dry contact 5A solid- state relay outputs capable of switching 3A under all normal operating condition, accounting for the effects of the temperature gradient inside the NEMA 4X enclo- sure. Systems that utilize relays that are not de-rated mush submit an engineer- ing evaluation justifying the use of relays at their full, optimal condition capacity. G. SAFETY FEATURES 1. Manual-On Limit The controller shall have built-in limits to the amount of time any relay control output may forced on (i.e. in Manual On mode). This is an important safety fea- ture to prevent control outputs from inadvertently being left on after service or di- agnostics. 2. High / Low Alarm Settings & Control Lockouts The controller shall have programmable high and low alarm settings for pH, ORP, PPM, temperature, low flow & no flow and chemical overfeed, turbidity, pressure & vacuum, surge tank levels, chemical inventory. The controller shall have a programmable lockout of sanitizer feed upon pH high or low alarm. 3. No Flow Alarm & Flow Restored Delay The controller shall activate a No Flow alarm when the dedicated sample stream flow switch indicates there is insufficient flow through the sample stream. This No Flow alarm shall lockout all chemical feed control operations. The controller shall include a Flow Restored Delay, which shall extend the No Flow lockout user-programmable amount of time after the No Flow alarm ends (i.e. flow is restored). This feature is necessary to assure that the system has val- 197 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-31 id, stable sensor readings of circulating water prior to making chemical feed con- trol decisions. 4. Feed Limit Alarms The controller shall trigger a FailSafe alarm if a chemical feed relay remains on longer than the programmable Feed Limit Timer. Chemical feeds shall automati- cally be disabled if the corresponding reading goes into a FailSafe alarm condi- tion. 5. Emergency Off The controller shall have a dedicated Emergency Off button on the front panel of the system, which immediately halts all chemical feeds and control outputs when pressed. This feature shall be password protectable, which shall require entry of one of the Security passwords. 6. Safety Shield The controller shall include a safety shield or other mechanism for allowing fuse replacement without access to high voltage circuitry or wiring. H. SECURITY The controller shall have three security password levels: six for operators, two for managers and one for the distributor providing for a history of access identified by the user. I. DATA LOGGING The controller shall have 512K battery backed-up RAM for input level recording and events. All input level shall be recorded for 10 to 56 days depending on sample rate (2 to 10 minutes). The controller shall record and maintain the latest 1100 events over a maximum of 14 days recording all alarms, parameter changes, user logins, and operational cycles related to all control features. J. LOCAL ALARMS INDICATORS The controller shall signal all alarm conditions with the following indicators: · A bright red flashing LED on the front of the controller · Activation of a master alarm signal provided as a dry contact relay enabling the use of 0-240 VAC alarms · Each active alarm listed on the LCD display along with time activated K. REMOTE COMMUNICATION, ACCESS & ALARM NOTIFICATION 1. Ethernet The controller shall come with a standard, integral 100BaseT Ethernet connec- tion. The controller shall be capable of providing Remote Access via PC with Ethernet connection and Alarm Notification via email or text message via an Ethernet connection to the Internet. The controller shall come with a 57,600 bps data modem. The controller shall be capable of providing Remote Access via PC with modem connection and Alarm Notification via pager or fax. 2. Remote Access The controller manufacturer shall provide graphical remote operation software, for interactive connection to the controller from a PC. Remote operation software shall be Windows 7 compatible, and have all of the following operational modes: A. Site Data Base – for organizing and accessing multiple controllers on site, or at multiple sites. B. Graphical Operator’s Console – to display current readings, setpoints, alarm points, Ryzner in an easy-to-read graphical mode. 198 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-32 C. Data Log Graphing – to review data logs with time-synchronized event data; data log traces shall be configurable, with color and line style selectable by operator D. Full Menu Tree – All system parameters accessible through a full menu tree interface. E. Auto-Polling – to allow automatic download of data logs from all control- lers in site database. 3. Alarm Notification The controller shall be capable of providing alarm notification to 8 different recipi- ents. Each recipient shall be individually configurable to receive alarm notification by one of the following methods: A. Email: Notification of message shall include system type, serial number, location, system ID, and all active alarm including the date and time each alarm was triggered. B. Text Message: Notification of message shall include system type, serial number, location, system ID, and all active alarm including the date and time each alarm was triggered. C. Fax: Notification of message shall include system type, serial number, lo- cation, system ID, and all active alarm including the date and time each alarm was triggered. D. Numeric Pager: Notification message shall include callback number. Con- troller shall acknowledge pager notification when callback is received, and not notify subsequent recipients programmed for pager notification. L. ENCLOSURE The controller shall be housed in a NEMA 4X polycarbonate enclosure M. FLOW CELL 1. PVC Flow Cell The flowcell shall have a PVC body with two ½“ NPT ports for pH and ORP sen- sors, two ¼“NPT ports for temperature sensor and sensor wash acid injection, and a clear acrylic front viewing window. The flowcell design shall provide pre- cise sample flow rate and water velocity regulation past the probes. The flowcell shall come provided with PVC ½” isolation ball valves, PVC ¼” wet test valve and standard reed or optional rotary flow switch. Each flowcell shall be equipped with a pressure-sensing device. The pressure sensor shall consist of a compound pressure/vacuum gauge manufactured in stainless steel, 2 ½” diameter, liquid filled with an operating pressure range of 0 to 60 psig and vacuum of 0 to –30 in./ Hg. N. WARRANTY, START-UP & MANUALS Controller shall be covered by a standard manufacturer’s 5 year warranty. Standard sensors shall be covered by a standard manufacturer’s 2 year warran- ty. Optional sensors and flow cell components shall be covered by a standard manufacturer’s 1 year warranty. The control system shall be provided with on-site start-up, on-site operator train- ing, and 1 year on-site warranty service performed by a representative trained and authorized by the controller manufacturer. Manufacturer shall supply an Operators Manual describing features and operat- ing instructions. 5.11 CHLORINE FEED AND ACID FEED SYSTEMS (Liquid Chlorine & Hydrochloric Acid): 199 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-33 The chemical feed systems shall consist of peristaltic feed pump(s) as specified on drawings. The feed pumps shall be interlocked with the chemical controller. This work shall be done by the electrical contractor (except low voltage control wiring shall be installed by Interactive water feature Contractor). Signs and/or identification markings shall be provided indicating the presence of chlorine and acid at the injection points, storage containers, doors / entry to the chemical storage rooms, and valves as required by all local and national codes. Provide readily accessible manual valves or automatic remotely activated fail-safe emergency shutoff valves installed on the supply piping and tubing at the point of use and at the tank, cylinder or bulk source. The manual emergency shutoff valves shall be identified and the location shall be clearly visible, accessible and indicated by means of a sign. 5.12 CHEMICAL (CHLORINE & PH CONTROL) FEED PUMPS: Chemical injector pumps shall be peristaltic type pumps unless otherwise noted on drawings. Output volume shall be adjustable from zero to a capacity in accordance with the size and chemical requirements of the interactive water feature. The pump shall be totally enclosed with no exposed moving parts. Electronics shall be enclosed in a chem- ical resistant enclosure at rear end of pump. Pumps shall be equipped with an acrylic pump head and 115V/60Hz motor. Sufficient tubing is to be provided with connections to install properly. Pump shall be mounted on the wall in a location close to the chemical storage containers. Pumps shall be complete with check valve / backflow prevention. 5.13 CHEMICAL STORAGE TANKS: The liquid chlorine storage tanks shall be for sodium hypochlorite, 12% strength with a specific gravity of 1.20. The acid storage tanks shall be for muriatic / hydrochloric acid, 35% strength. The chemical storage tanks shall be marked with the appropriate hazard identification signs per requirements of the NFPA 704. Provide identification placards on the entry doors to the storage area as required by the NFPA 704. 5.14 UV DISINFECTION SYSTEM: Ultraviolet disinfection equipment shall operate within the UVC electromagnetic spec- trum emitting wavelengths in the range of 200 nm to 400 nm. This required wavelength will provide constant disinfection / inactivation of bacteria, algae, molds, viruses and de- struction of monochloramines, trichloramines and dichloramines. The UV system shall have an MET or equivalent (ETL, CSA or UL) listing, and be NSF 50 certified. A. Equipment General Description: The Ultraviolet System shall be provided in a complete package to include: 316L 200 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-34 Stainless Steel Chamber, Control System located in a NEMA 12 rated panel, Medium Pressure Bulb(s) designed to emit wavelengths within the UVC electromagnetic spec- trum, strainer basket, automatic wiper system and Project Commissioning by a Certified Ultraviolet Technician. Ultraviolet manufacturer to offer unit capability of a Horizontal OR Vertical installation application using state of art design and direct flow through characteristics. Direct flow will be required in order to reduce total head loss through the system. Unit shall be a Multiple Lamp medium pressure system with a bulb range of (2) 1.5kW – (4) 3.3kW power range. Multiple lamp system is required in order to maintain quality disinfection in the event of a single bulb failure. The Ultraviolet System shall be sized to emit a minimum dose of 60 mJ/cm², with flow rates of up to 972 gpm, within a 8” schedule 80 PVC pipe. B. Ultraviolet Chamber: Ultraviolet chamber shall be pressure rated for 100 psi (tested to 150 psi), and pressure drop across the unit will be minimal. The unit shall be constructed of 316L stainless steel to prevent corrosion within the harsh interactive water feature environment. The Ultravio- let chamber shall come complete with the following equipment: • Ultraviolet Intensity monitor with built-in alarm system to notify operator when output level drops below required level of 60 mJ/cm² The Ultraviolet monitor output shall be transmitted via a 4-20ma signal to the control system. The Ultraviolet probe shall be rated to IP67 and be capable of being removed from the unit without having to drain the system. The lamp output shall be displayed on the control system as an intensity and % output. • Ultraviolet temperature control system shall be provided to maintain system in- tegrity in the event of flow interruptions to the chamber. • Ultraviolet chamber shall come complete with annealed quartz sleeve with “O” ring seals for water tightness. • Chambers shall be complete with ANSI flanges and all ports or vents shall be threaded NPT. The Ultraviolet chamber must be capable of installation in the system so that it remains full under all conditions. • The Ultraviolet unit must be complete with appropriate brackets or feet for ease of installation. C. Ultraviolet Lamp • Ultraviolet lamp shall be medium pressure high intensity. Lamp shall be de- signed to emit continuous Ultraviolet wavelengths in the range of 200nm to 400nm. This will pro vide optimal disinfection benefits and destruction of the Monochloramine, Dichlo- ramine and Trichloramine compounds. Lamp must remain unaffected by temperature variance of 0 degrees to 200 degrees Fahrenheit. • The lamp unit must provide a dose not less than 60 mJ/cm2 at the end of the lamp life and this must be based on the full re-circulating flow rate, not on a side stream treatment. D. Automatic Wiper System An automatic cleaning system shall be provided for cleaning of quartz sleeve and Ultra- violet monitor probe. The system shall travel the entire length of the quartz sleeve twice per desired cleaning cycle. Precision molded wiper rings shall be provided to ensure thorough quartz tube cleaning and quartz tube protection. Wiper cycle shall be user se- 201 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-35 lectable and adjustable within a range of 15 minutes to 24 hours depending on anticipat- ed application and deposit build-up. At a minimum the Automatic Wiper System shall have the following characteristics: • System shall utilize direct Belt Drive with square machined pulleys and shafts to prevent slippage and pin shearing. Systems utilizing shear pins or complicated gear boxes will be unacceptable. • Wiper power supply shall be 24 volt DC for improved safety. • System shall incorporate Direct Shaft Encoding for positional location. Systems relying on external proxy switches or internally located magnets will be unacceptable. • Wiper interval shall be operator selectable with optional override switch. • Wiper faults are to be indicated on the control system display. • Wiper System to utilize “Intelligent Operation” for automatic start-up commis- sioning. - Records wiper position @ chamber ends. Position must be fixed and not dependent on a timed interval or component striking end of chamber. - Establish a travel run without setting limit adjustments to ensure system in- tegrity and longevity. E. Ultraviolet Control System System shall be epoxy coated NEMA 12 rated cabinet. Three levels of operation shall be provided to meet the needs of the operator and Interactive water feature environment: Simple Control – (Start, Stop & Reset), Full Pa- rameter Display, and Customized Operator Configuration. Modes of operation shall be password protected to secure system critical setup functions. Control system shall have clearly identifiable Start, Stop and Reset control buttons (suitable for gloved operation) with Running and Fault LCD indicators. • Two-line LCD screen shall display a minimum of the following: Ultraviolet dose (derived from flow and intensity inputs), Ultraviolet intensity (as a % and mw/cm²), Lamp Current, Flow rate (accepts signal from optional flow meter – displayed as gallons per minute), Chamber temperature (displayed as deg. F), Operation hour meter, System spares listing, Lamp fault, low Ultraviolet & temperature alarm, Ground fault trip, Wiper fault. All alarm functions shall have simple text message display to assist in fault find- ing. • Control system shall have a minimum of the following system interface control: Remote operation, Process interrupt features (from valves, flow meters), Low UV dose (configurable to shutdown or alarm only, Flow meter input, Auto-restrike, Half to full power Ultraviolet setting with 24hr/7day settable timer. • Control system shall have built in data-logging capabilities to record the follow- ing information: Ultraviolet intensity required, Ultraviolet intensity measured, Lamp cur- rent, Chamber temperature, Flow rate (if flow meter connected), Time and date stamp, All alarms generated. F. Project Commissioning Ultraviolet Chamber and Control Panel shall be commissioned by a qualified factory trained technician. During this time period, final electrical and control cabling will be con- nected from the control cabinet to the Ultraviolet disinfection chamber. Daily operation and simple maintenance instructions shall be provided during this commissioning pro- cess. A factory trained representative of the manufacturer shall perform all warranty work. Manufacture to warranty Ultraviolet Chamber and Spectra Control panel for a peri- od of 12 months. Medium pressure Ultraviolet bulbs. shall be warranted for a period of 4000 hours. Intermittently operated bulbs (≥ 1 on/off cycles per day) will be replaced free 202 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-36 of charge should failure occur prior to 3000 hours and replacement will be prorated be- tween 3000 and 4000 hours. A detailed warranty sheet shall accompany this document upon request. 5.15 AUTOMATIC WATER LEVEL CONTROL: Water level control of the balancing tank water levels shall be provided through the func- tions of the chemical controller. Provide all necessary sensors, wiring, conduit and cali- bration to provide water level control. 5.16 INTERACTIVE WATER FEATURE CONTROLLER: The enclosure shall be made from corrosion resistant hot compression molded fiber- glass reinforced polyester which do not contain halogens. The enclosure shall be capa- ble of withstanding continuous temperature from -58 degrees F to up to 302 degrees F and shall provide indirect electrical contact protection for equipment and operators. En- closures shall be UL listed per UL Standard 508 for NEMA 3, 4, 4X, 12 and 13; CSA cer- tified per Standard C22.2-0,0.4, 0.7, 0.6, 94 Type 3, 3R, 4, 4X, 12 and 13. Controller shall be sized according to the number of outputs it is required to control. The programmable logic controller shall be factory programmed with a variety of sequences designed according to the requirements of the project. It shall have the flexibility to modi- fy the sequences using either a transportable memory cartridge or via the touch pad us- er interface. The owner/operator shall be able to set the operational hours of the facility via the touch pad user interface. The 24hr/7day timer can be programmed with up to two time inter- vals that can be scheduled each day. The operating system’s touch pad user interface shall allow for manual override controls for each connected device, activation device(s), and timer. (i.e. Manual, Off and Auto- matic modes) The operating system shall be housed in a corrosion resistant molded fiberglass NEMA 4X rated enclosure. All exposed hardware shall be 304/304L stainless steel and shall include a lockable access door. The operating system shall have the capacity to receive signals from an activation de- vices, operating on 24VDC. The operating system shall contain a 120 VAC primary / 24 VAC secondary transformer with built- in electrostatic shield protection. The operating system shall have the ability to automatically purge all water lines based on the user selected time and duration (i.e. every day at 5 am). It shall also, be config- ured to purge all lines after a user defined period of inactivity (i.e. after 4 hours of inactiv- ity). The operating systems shall have the ability to provide a 24VAC auxiliary signal. This signal can be used to trigger a relay for Pumps, Lights, etc. 203 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-37 The operating system will softly start ramp up and will softly ramp down. The operating system can activate up to a maximum of three play area. The sequence time could be changed on site. All main power electrical connections to the Splashpad Controller are to be performed per local codes. Product drawings and installation manuals shall be supplied by the manufacturer for ease of installation. PART 6 - INTERACTIVE WATER FEATURE AND DECK EQUIPMENT: 6.00 VACUUM CLEANING EQUIPMENT Vacuum pump shall be portable, electric, and 110 volt, Single phase, 155 Square Foot Filter. Vacuum pump shall be complete with a 1.0 horsepower pump, waterproof switch, suction connection with check valve, discharge connection with gate valve, hose bib connection for priming, stainless steel pump cart, internal GFI protections, and 100 feet of power cord. Supply 24" polymer vacuum head for 2" hose, 2" dia. heavy duty Spiral Lock vacuum hose and. anodized aluminum 12' handle sections with screwed connection. Vacuums should only be connected to GFI protected outlets specifically provided for the model vacuum specified. 6.01 LEAF SKIMMER AND WALL BRUSH: Leaf skimmers shall have a head of stainless steel with removable screen, handle of aluminum or fiberglass, sixteen feet in length. Wall brushes shall be 24" long, bristles to be 1½” long of nylon, with handle of aluminum or fiberglass, sixteen feet in length. 6.02 TEST KIT: Test kit shall have chlorine scales 0.4 to 3.0 ppm and pH range from 6.8 to 8.0. It shall have reagents for determining total alkalinity-acid demand and alkalinity demand. Test kit shall include testing abilities for cyanuric acid. 6.03 FIRST AID KIT: One 27 unit heavy duty first aid kit conforming to the State Health Code shall be provid- ed as part of the Operational Equipment turned over to the Owner at start up. Any addi- tional first aid kits that the owner may wish to purchase shall be provided by the Owner. 6.04 SAFETY SIGNS: Safety signs shall be displayed in applicable areas. Lettering shall be contrasting and the size and color specified on the plans and required by code. See Interactive water feature drawings for required verbiage. 204 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-38 6.05 AQUATIC PLAY FEATURES: Aquatic play features shall be manufactured, installed, maintained, and operated per ASTM F2376 -08 and ASTM F-2461-09 standards. Aquatic play features shall be as specified on the plans. Because of precise engineering parameters, flows, head losses, and other engineering considerations based upon the specified fittings, substitutions will not be considered. GENERAL CLAUSES: The aquatic play products shall be suitable for installation in municipal and commercial aquatic facilities and public play areas. Products shall be specifically designed for the use by children and adults and follow the ASTM F2461-09 norm. In addition, products shall be manufactured by a company that has at least five (5) years of experience in the design and engineering of children’s aquatic play areas. PRODUCT DELIVERY, STORAGE AND HANDLING A. All aquatic play products and associated equipment must be properly wrapped and secured in place while in transport to the project site. Care shall be observed during offloading and handling to prevent excessive stress and abra- sions. B. At the site, the play products and associated equipment are to be stored in safe areas, out of the way of traffic and other construction activities, until the actual time of installation. If required, safety barricades or other like precautions must be taken for the protection of public and adjacent property. C. Protective wrapping on the aquatic play features must be left in place until construction work for the water feature is complete. COMMISSIONING OF THE INTERACTIVE WATER FEATURE Upon completion of construction, the general contractor shall provide the owner/operator adequate training on facility operations and maintenance. The contractor may request that the equipment manufacturer and/or manufacturer’s representative provide on-site start-up and training for the owner/operator. PART 7 - FINAL PROVISIONS: 7.01 RECORD DRAWINGS, OPERATION AND MAINTENANCE MANUALS, AND INSTRUCTIONS: Upon final acceptance of interactive water feature and related equipment, the following shall be furnished to the Owner: One set of complete, as built drawings, showing exact location of all piping and of all equipment actually furnished and placed noting any deviations from the contract draw- ings and specifications, so that the original drawings may be revised. A minimum of two complete sets of printed, indexed instructions, bound in a durable cover, for operation and maintenance of all equipment specified herein and shown on the drawings. These instructions shall also include precise directions for: a. Maintenance and operation of each component of the filtration system equipment and water feature systems equipment b. Maintenance and operation of the chemical control system, including complete chemical treatment, water balance 205 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-39 c. Design circulation rates listed of the circulation filtration system. d. Precise directions for draining and/or winterizing of all circulation equipment and interactive water feature equipment and components (including water features). 7.02 GUARANTEES AND WARRANTIES: Construction: The successful bidder shall guarantee the interactive water feature struc- ture and finishes against leaking, cracking, failures, and overall water-tightness to the Owner for the period of one (1) year from the date of final completion. The successful bidder shall guarantee the, fittings and equipment to the Owner for the period of one year, or per the equipment manufacturer’s warranty, whichever is greater. A 24 hour response time is required for servicing warranty items. In the event that the interactive water feature contractor fails to provide the required service within 24 hours, the interactive water feature contractor is liable for any cost the owner incurs if the owner chooses to provide the service (assuming the interactive water feature contractor’s 24 hour response time has lapsed). If parts are needed from out of state, they shall be air freight delivered. Failure to respond within 24 hours may result in owner providing ser- vice from another source and the interactive water feature contractor back charged. 7.03 TRAINING PERIOD: The successful interactive water feature contractor shall provide the Owner a training period not to exceed 30 days to acquaint the operators in the use and operations of all the various systems and interactive water feature related components (interactive water feature equipment / components, circulation systems, water feature systems). The inter- active water feature contractor shall also provide the operators with instruction on drain- ing and /or winterizing all equipment and interactive water feature components (including water features and slides). Training session days shall be on a day(s) that falls Monday through Friday from 7:00 A.M. 3:30 P.M. END OF SECTION 131213 206 Perspective View AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Creating Compelling Aquatic Play Experiences Waterodyssey.com207 Perspective View AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Creating Compelling Aquatic Play Experiences Waterodyssey.com208 Perspective View AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Creating Compelling Aquatic Play Experiences Waterodyssey.com209 Perspective View AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Creating Compelling Aquatic Play Experiences Waterodyssey.com210 Perspective View AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Creating Compelling Aquatic Play Experiences Waterodyssey.com211 Park View AW Creating Compelling Aquatic Play Experiences2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A 212 Creating Compelling Aquatic Play ExperiencesProduct List AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Waterodyssey.comAQUATIC PLAY FEATURES Custom Log #3 FF-LS3-W23547 Custom Log #1 FF-LS1-W23547 Custom Rain Tree #1 FF-RT1-W23547 Custom Log #2 FF-LS2-W23547 Custom Rain Tree #2 FF-RT2-W23547 Custom Tree Stump #1 FF-TS1-W23547 ACTIVATORS & DRAINS Touch N’ Go™ W009 Launch Pad™ W017 213 Creating Compelling Aquatic Play ExperiencesProduct List AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Waterodyssey.comAQUATIC PLAY FEATURES Cattails - Tall Leaf & Short Leaf™ W322(B) & W322(C) Custom Tree Stump #2 FF-TS2-W23547 Simple Spray™ W125C ACTIVATORS & DRAINS Touch N’ Go™ W009 Launch Pad™ W017 214 Story Mill Community Park Donor and Partner Recognition Statement The Story Mill Community Park ("SMCP") is a 60 -acre natural -area park located in northeast Bozeman, intended to serve Bozeman and the greater Gallatin Valley community. SMCP is being developed jointly by The Trust for Public Land ("TPL") and the City of Bozeman ("City"). SMCP will be owned and operated by the City and, as such, is and will be subject to the rules, regulations, policies, and processes of the City. TPL is an independent, non-profit public benefit corporation, and has entered into an agreement with the City to manage the design and construction of SMCP. As part ofthis effort, TPL is conducting a campaign to secure privately -raised funds to supplement the City's Trails, Open Space and Park bond monies, as well as other funds, which are financing the design and construction of SMCP. Donor recognition at SMCP is intended to reflect the comprehensive and invested community input that has created SMCP. TPL and the City will be positioned as the key partners in SMCP, with other financial supporters of SMCP receiving appropriate recognition as described in this Statement. Several key features of SMCP will be offered as opportunities for specific donor recognition at leadership levels of $50,000 or more. In addition, all donors of $10,000 or more will be recognized in a central feature of SMCP such as a donor wall. The form that donor recognition takes will be designed to complement SMCP's natural design and community appeal. This Statement summarizes the guidelines and procedures that TPL and the City have agreed to for recognizing donors at SMCP. 1. Recognition of TPL and -the City TPL and the City shall be recognized for their roles as the co -lead developers of SMCP, including mention in appropriate print materials and on-site signage. TPL's logo or logotype will be included with the City's logo on all appropriate recognition and interpretation signage at SMCP. TPL shall also be recognized with the Entry Plaza naming opportunity. 2. Logos No corporate logos, brands, insignias, or direct advertising text may be used as part of any name association or naming opportunity feature at SMCP except for TPL and the City as provided for above. At the joint discretion of the City and TPL, the financial or other support of non- corporate organizations and entities may be acknowledged with logos or logotype on select interpretive signs and associated materials at SMCP. Page 1 of 4 215 Donor and Partner Recognition Statement for Story Mill Community Park 3. Accepting Naming Gifts All gifts solicited and received by TPL for SMCP that are eligible for a naming opportunity at SMCP must meet the requirements of TPL's Gift Acceptance Policy, a copy of which is attached to this Statement and hereby incorporated by this reference, as well as the provisions of this Statement. Any gift offered to and accepted by TPL which qualifies for, and is explicitly identified as being made in anticipation of a naming opportunity must be memorialized in a written agreement signed by the donor and TPL. 4. Changed Circumstances, Re -Naming, Removing Names Once named in recognition of a donor, features of SMCP will retain that name indefmitely unless and until such time as there is a substantial change in circumstances, such as the removal of the named feature from SMCP. In such cases, the donor will receive appropriate continued name recognition in connection with another comparable feature of SMCP as determined by TPL and the City in the spirit ofthe donor's original gift. TPL will make every reasonable effort to notify donors in these instances. TPL and the City reserve the right to refuse any requests by a donor to change the name of a SMCP feature once the name is in place. For any name change request to be undertaken, the donor must pay all costs related to executing the requested name change. Naming opportunities shall be limited to the name of individuals or entities that exemplify the attributes of integrity, character, and leadership consistent with the highest values of TPL and the City. The City and TPL may jointly agree to remove a donor's or honoree's name at any time if these values are not met. 5. Standards The SMCP Master Plan shall include a City -approved Donor Recognition Plan detailing standards for the design, materials, placement, and installation for all donor recognition features at SMCP, which standards shall ensure consistency with other signage and the design of the SMCP in general, complement the surroundings, and ensure that donor recognition features do not interfere with the use, enjoyment or aesthetics of surrounding SMCP amenities. Signage shall be placed in a prominent location near the applicable SMCP structure or feature. Materials used in donor recognition features shall be of high quality, vandalism resistant, and able to withstand harsh environments. TPL shall provide the City with the original artwork and fabrication specifications for all donor recognition features for City approval. The selected name of any structure or feature shall appear in all officially -produced maps or representations of the SMCP, in press releases, public announcements or other publicity that refer to the applicable named structure or feature. The City will maintain all such signage and will replace or repair signage damaged or destroyed by vandalism or through natural causes such as fires or floods. Donor recognition features shall be designed and installed along with the construction of SMCP and shall be paid for with funds being provided by TPL for the design and construction of Page 2 of 4 216 Donor and Partner Recognition Statement for Stony Mill Community Park SMCP. All donor recognition features shall be the property of the City, and the maintenance, upkeep and replacement of such features shall be the responsibility of the City. 6. Donor Recognition Levels Specific donor recognition features shall be available based on pre -determined levels of donations. Donors in each giving category will be provided with donor recognition choices according to the order in which their gifts were received or pledged. The chart below describes the breakout of anticipated levels of donor giving that will merit naming recognition for specific features of SMCP. These levels and the corresponding SMCP features are subject to change by the mutual agreement of TPL and the City. Naming NamingOpportunityGiftAmount Opportunities Example Park Feature Level 5 million+ Lead at least 50% of One Story Mill Community Park Center goal) Signature Playground, Second Tier 1 million+ Up to two Nature Sanctuary (Span Bridge) Third Tier 500,000+ Up to three Amphitheatre, Grand Lawn, Homestead Pavilion Observation Hill, Pond and Fourth Tier 250,000+ Up to five Overlook, Entry Promenade, Tot Lot Play Area, Community Pavilion River Walk, Reunion Pavilion, Teaching Garden & Edible Food Forest Trail, Family -Friendly River Fifth Tier 100,000+ Up to eight Access Area, River Confluence Accessible Platform, Climbing Boulder and Trail, Labyrinth, Dog Park Sixth Tier 50,000+ Up to eleven Fitness Lawn, Trestle Bridge, Fishing Access, Bird Blind (2), Page 3 of 4 217 Donor and Partner Recognition Statement for Story Atill Comnnoriry Park 7. Application & Modification This Statement shall apply only to SMCP, and is in no way intended to be, not shall it be construed to be controlling on any other City -owned property, park, place or amenity. This Statement may be amended in whole or part only through the written agreement of TPL and the City. For all actions requiring City consent, approval or concurrence under this statement, such approval, consent or concurrence may be given by the Director of the City of Bozeman Department of Parks and Recreation. By signing below, TPL and the City acknowledge and confirm that this Statement reflects their joint understanding and agreement with regard to the handling of donor recognition of features at SMCP. The Land City of Bozeman Title: % c'htrn vc L cS rec z' Title: TU.tci t Date: Date 11-14-16 App ed as rm: Ci ttorney Page 4 of 4 Bond Street Gate, Spur Trail Gate, Picnic Pavilion (2), Confluence Trail, Bridger Connector Trail Donor List All gifts greater than Unlimited Central wall, tiled floor, engraved 10,000 railing, or other feature 7. Application & Modification This Statement shall apply only to SMCP, and is in no way intended to be, not shall it be construed to be controlling on any other City -owned property, park, place or amenity. This Statement may be amended in whole or part only through the written agreement of TPL and the City. For all actions requiring City consent, approval or concurrence under this statement, such approval, consent or concurrence may be given by the Director of the City of Bozeman Department of Parks and Recreation. By signing below, TPL and the City acknowledge and confirm that this Statement reflects their joint understanding and agreement with regard to the handling of donor recognition of features at SMCP. The Land City of Bozeman Title: % c'htrn vc L cS rec z' Title: TU.tci t Date: Date 11-14-16 App ed as rm: Ci ttorney Page 4 of 4 218 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Assistant City Manager SUBJECT:Authorize the Mayor to Sign a Memorandum of Understanding (MOU) between City of Bozeman and Bozeman School District 7 for Development of the Bozeman Community Center MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize Mayor to sign MOU with Bozeman School District #7 STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:The City has been discussing possible locations for the planned Bozeman Community Center with Bozeman School District #7 (District). The project is planned to include a westside library branch and a recreation and aquatics center. The District owns property adjacent to Meadowlark Elementary School which may be an ideal location for the Community Center and work well for both the City and District. If the City receives voter approval to sell bonds for construction of the Community Center in November 2023, the City and District can enter into negotiations to purchase the property in an agreement that benefits both parties. The District's Board of Trustees and the City Commission will need to approve any future purchase in accordance with their respective policies and governing statutes. This MOU will allow the City to continue to develop plans for the project by identifying a building site. UNRESOLVED ISSUES:The City and District will negotiate a sale price should the bond pass in November 2023. ALTERNATIVES:As identified by the Commission FISCAL EFFECTS:Funding for the property purchase will be included in the construction project funded by a voter approved bond. Attachments: Memorandum of Understanding BSC7 West-Side SD Edits.docx Report compiled on: January 17, 2023 219 220 Memorandum of Understanding City of Bozeman and Bozeman School District #7 - Bozeman Development of the City’s West Side Library and Aquatics Center The City of Bozeman (City), a self-governing municipality operating pursuant to its Charter and the laws of the State of Montana, and Bozeman School District #7 (BSD7) enter into this Memorandum of Understanding on this ___day of _____________, 2022 related to the development of a new City west-side library and recreation and aquatics center (West-Side Project) on approximately 9 acres currently owned by BSD7 at the corner of Durston and Cottonwood roads. The purpose of this memorandum is to establish the parties’ current collective understanding of the basis for a future formal agreement between the City and BSD7 for the City to purchase the land from BSD7 for the City’s construction and occupation of the future West-Side Project. The City’s current Capital Improvement Plan includes the construction of a new library branch, recreation and aquatics center in Bozeman’s west side in 2024. The City and BSD7 have discussed mutually beneficial aspects of constructing this project near Meadowlark Elementary and Gallatin High School. Currently, BSD7 does not have plans for the property and proceeds from the sale would benefit other District priorities. As such, the parties recognize the development of a new West-Side Project on that property may be in their collective interest. The parties also understand City voters must approve the sale of up to $99,000,000 in general obligation bonds at the November 7, 2023 election for the City to proceed with purchase, development, and construction of the West-Side project. In addition, the parties understand that if the voters approve the sale of bonds to finance construction, the parties must then enter into a purchase and sale agreement at a price to be negotiated. The City will consult with BSD7 on the design of the site and building and needed infrastructure improvements. The parties further understand that the contemplated purchase transaction represents a disposal of BSD7 property. As such, it is subject to specific legal requirements that must be followed to ensure BSD7 and its constituents are fairly compensated for the asset. The parties understand it is in their best interest to continue to explore these and all other aspects of the development of a new City library, recreation and aquatics center on this property. Mayor, City of Bozeman Chair, Bozeman School District #7 221 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign an Agreement with Northwestern Energy for the Installation of Interim Street Lights on Griffin Drive MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign an agreement with Northwestern Energy for the installation of interim street lights on Griffin Drive. STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for partnerships with key business groups and non-profit organizations. BACKGROUND:Complete installation of the permanent street lighting on Griffin Drive as part of the Griffin Drive and Manley Road Street and Stormwater project has been delayed. As a safety consideration, City staff has worked with Northwestern Energy to install interim street lighting at the RR crossing on Griffin Drive. This agreement covers the installation, operation, and maintenance of two interim street lights. The street lights will be removed and this agreement will terminate upon installation of the permanent street lighting. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The cost of this agreement is $17.56 per month. This cost will be paid from the Griffin Drive project. Attachments: 20230124_Street Lighting Agreement_Bozeman_Griffin Manley.pdf TEMP LIGHT LOCATIONS - GRIFIFN & MANLEY_map.pdf Report compiled on: January 9, 2023 222 340184802 Griffin & Manley Rd Temp Lights 1 Street Lighting Agreement – CITY OF BOZEMAN Griffin Drive RR Crossing STREET LIGHTING AGREEMENT This Street Lighting Agreement (“Agreement”) is made effective as of the 24th day of January, 2023, by and between City of Bozeman, a municipal corporation organized under the laws of the State of Montana, with a mailing address of PO BOX 1230, Bozeman MT 59718 (the “City”), and NorthWestern Corporation d/b/a NorthWestern Energy (“NorthWestern”), a corporation organized under the State of Delaware, with a mailing address of 11 East Park Street, Butte, Montana 59701. WHEREAS, the City and NorthWestern desire to install street light facilities on poles owned by NorthWestern at the railroad crossing on Griffin Drive in Bozeman, MT as an interim measure until the City is able to install permanent facilities on its own poles; and WHEREAS, NorthWestern is willing to supply, install, operate, maintain and own the street lighting facilities and furnish electrical energy in accordance with the NorthWestern’s Electric Tariffs on file with the Montana Public Service Commission (the “Tariffs”) and the terms and conditions of this Agreement; NOW, THEREFORE, NorthWestern and the City agree as follows: 1. FACILITY INSTALLATION, OWNERSHIP, OPERATION AND MAINTENANCE. 1.1 Facilities. NorthWestern shall supply and install the street lighting facilities described in Exhibit 1 to this Agreement (the “Facilities”) in the locations described therein. NorthWestern shall furnish all labor, equipment, parts and materials and is responsible for all performance means, methods and procedures associated with the supply and installation of the Facilities. Upon notice from the City NorthWestern must remove the facilities installed pursuant to this Agreement. Upon removal by NorthWestern, the agreement shall terminate. 1.2 Ownership. Facilities shall remain the property of NorthWestern during the Term. Upon the termination of this Agreement, NorthWestern shall remove the Facilities. 1.3 Operation and Maintenance Services. NorthWestern shall maintain and operate the Facilities during the Term in accordance with the Tariffs and the terms and conditions of this Agreement. The City shall provide NorthWestern access rights for the installation, operation and maintenance of the Facilities. NorthWestern shall supply electrical energy to the District for the operation of the Facilities, but does not guaranty uninterrupted service pursuant to Tariff Rule 8-2 – Continuity of Service. NorthWestern has no duty or obligation to patrol Facilities at all times to determine if the Facilities are in operating condition, but agrees to make necessary repairs and replacements within a reasonable time after receiving notice of any outage or damage. 1.4 Rates and Charges. The City agrees to compensate NorthWestern for the supply, installation, operation, maintenance of the Facilities and the delivery of electrical energy in accordance with the rates, terms and conditions set forth in the Tariffs applicable as of the date of NorthWestern’s performance of such services. 2. TERM AND TERMINATION. 223 340184802 Griffin & Manley Rd Temp Lights 2 Street Lighting Agreement – CITY OF BOZEMAN Griffin Drive RR Crossing 2.1 Term. This Agreement is effective as of the date of execution by both parties. This Agreement shall remain in full force and effect for a period of 2 years and 11 months from the later of (i) the date hereof; or (ii) the energization of the Facilities, and shall thereafter continue in force and effect for successive periods of 2 years and 11 months (each a “Renewal Term”), until and unless terminated pursuant to Section 2.2. The Initial Term and Renewal Term are together referenced as the “Term” of the Agreement herein. At the end of the Initial Term (and prior to any subsequent Renewal Term of the Agreement), the City shall take such action as is required by law to authorize the extension of this Agreement. 2.2 Termination. Either party may terminate this Agreement upon delivering to the other party notice in writing of its intent to terminate at least 60 days prior to the expiration of the applicable Term. Either party may terminate this Agreement if the other party defaults in performance or breaches any of the material terms and conditions of this Agreement and fails to cure such default or breach within 30 days after written notice of such default. If any non- monetary default is not capable of cure within 30 days of receipt of the notice, the applicable period will be extended to 90 days, provided the defaulting party undertakes commercially reasonable efforts to resolve the default upon receipt of the notice. 3. IES COMPLIANCE. With regard to Facility design, installation and operation, NorthWestern will take into consideration position statements, standards, design guides, technical memoranda, lighting energy management materials, guidelines and lighting measurements, testing and calculation guides developed by the Illuminating Engineering Society (“IES Standards”). The City acknowledges that Facilities may not strictly comply with IES Standards. Additionally, nothing herein requires NorthWestern to: (i) modify existing Facilities to achieve compliance with current IES Standards; or (ii) modify Facilities during the Term to achieve compliance with IES Standards implemented after the effective date of this Agreement. 4. FORCE MAJEURE. NorthWestern is not liable for the failure to comply with any of the terms and conditions of this Agreement where such failure is caused by acts of God, government regulations or orders, strikes or labor difficulties, fires, floods, droughts, riots, destruction of property, or by any other unforeseeable condition, event, or circumstance beyond NorthWestern’s reasonable control. 5. DAMAGE LIMITATION. Neither party is liable to the other for any indirect, incidental, consequential, special, exemplary or punitive damages arising from or related to this Agreement, its performance, enforcement, breach or termination. 6. SEVERABILITY. If any provision of the Agreement, or the application thereof, is to any extent held invalid or unenforceable, the remainder of the Agreement will not be affected thereby, and each and every remaining provision will be valid and binding to the fullest extent permitted by law. If any provision of this Agreement is held invalid or unenforceable, the parties shall negotiate in good faith and reform this Agreement as closely as possible to resemble the original intent. 224 340184802 Griffin & Manley Rd Temp Lights 3 Street Lighting Agreement – CITY OF BOZEMAN Griffin Drive RR Crossing 7. ENTIRE AGREEMENT. The Agreement represents the entire agreement between NorthWestern and the City and supersedes any prior negotiations, representations or agreements, either written or oral. 8. MISCELLANEOUS. This Agreement is governed in all respects by the laws of the State of Montana. Any action arising out of this Agreement must be brought in state or federal courts of the State of Montana. NorthWestern is an independent contractor and not the employee, agent or representative of the City. This Agreement cannot be construed to create an employment relationship between NorthWestern and the City or a partnership, joint venture or joint undertaking between the parties. The City shall not assign this Agreement, in whole or in part, without the prior written consent of NorthWestern. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors and assigns of the parties. No course of dealing or failure of a party to enforce strictly any term, right or condition of this Agreement may be construed as a waiver of such term, right or condition. No express waiver of any term, right or condition of this Agreement will operate as a waiver of any other term, right or condition. This Agreement will not be modified, amended or changed in any respect except by a Facilities Change Order or by an instrument in writing signed by authorized representatives of the parties. This Agreement is for the exclusive benefit of the NorthWestern and the City and does not constitute a third party beneficiary agreement and may not be relied upon or enforced by a third party. Each party represents that it has full power and authority to enter into and perform its obligations pursuant to this Agreement, and the person signing this Agreement has been properly authorized and empowered to execute the same. This Agreement may be executed in counterparts, which together constitute one instrument. Copies of this fully executed instrument have the same force and effect as the original. 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.IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first above written. NORTHWESTERN ENERGY CITY OF BOZEMAN _________________________________________ (signature) (signature) ________________________________________________ __________________________________________________ (printed name) (printed name) ________________________________________________ __________________________________________________ (title) (title) _________________________________________ (date) (date) Attest: __________________________________________________ City Clerk 225 340184802 Griffin & Manley Rd Temp Lights 4 Street Lighting Agreement – CITY OF BOZEMAN Griffin Drive RR Crossing EXHIBIT 1 FACILITIES 1. Description of Facilities. The “Facilities” include the following: Number of Units _____2____ Electric Service __________Underground ______X___Overhead Pole Type _____X____Wood ________Metal _______Fiberglass Mounting Height __32_ feet Luminaire Type __Pendant_(NWE code C)_ (i.e. Cobra Head, Acorn, Shoebox) Lamp Wattage __42__ Watt Lamp Type __________HPSV __________MH ____X____LED Monthly cost per unit $ __$17.56___* *The monthly cost per unit does include energy, operations fee and maintenance fee. 2. Description of Facilities Location. Attached Map. 3. Installation Date. NorthWestern will undertake commercially reasonable efforts to install the Facilities by ____TBD____, subject to the following: (i) timely acquisition of equipment and materials; (ii) the timely receipt of all applicable governmental, regulatory and environmental approvals, permits and licenses required for the construction, installation and operation of the Facilities, (iii) the timely receipt of real property access rights for the Facilities; (iv) force majeure; and (v) acts or omissions of the City. The installation date is subject to a commercially reasonable extension upon the failure or occurrence of any condition referenced above. 226 227 228 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign Construction Documents with Blanton Contracting, LLC for the Aspen Street Pedestrian Bridge MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign construction documents with Blanton Contracting, LLC for the Aspen Street Pedestrian Bridge. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Aspen Street Pedestrian Bridge will provide for pedestrian connectivity through a trail extension and a non-vehicular crossing of Bozeman Creek. The project also includes sidewalk along one side of East Aspen Street between the creek and North Rouse Avenue. This will result in the improvements along yet another street within the district and will tie into the new improvements to North Rouse Avenue. Specifically, the bridge will be located on East Aspen Street between the intersection of Rouse and the existing gravel trail along the east side of Bozeman Creek. This project has been included in the North East Urban Renewal District's work plan and budget since Fiscal Year 2011. It was also the fifth project listed in the bond resolution adopted in 2017; however, those bond proceeds funded only the top two projects. The project was included in the FY22-FY23 North East Urban Renewal Board's Budget approved during the April 2022 board meeting. KLJ Engineering, per a professional services agreement, administered a bid for the construction of the bridge. The low bid was submitted by Blatton Contracting, LLC for $322,257 and the Notice of Award was approved by the City Commission January 10, 2023. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:The costs for this project is $322,257 and will be paid for out of the North East Urban Renewal District Budget. 229 Attachments: Contract Documents Aspen Street Ped Bridge V3 Final 230112.pdf Report compiled on: January 12, 2023 230 Aspen Street Sidewalk Agreement Form Section 00520 KLJ Project #2004-01034 Page 1 of 8 SECTION 00520 AGREEMENT FORM This Agreement is by and between City of Bozeman, (“Owner”) and Blanton Contracting LLC, (“Contractor”). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of 1025 SF of five-foot-wide concrete sidewalk & construction of a 45 FT long pedestrian bridge ARTICLE 2 – THE PROJECT 2.01 The Project for which the Work under the Contract Documents is a part, is generally described as follows: Aspen Street Pedestrian Bridge ARTICLE 3 – ENGINEER 3.01 The Owner has retained KLJ Engineering, Inc (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract. 3.02 The part of the Project that pertains to the Work has been designed by Engineer. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.03 Contract Times: Days A. The Work will be substantially completed within 365 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions and completed 231 Aspen Street Sidewalk Agreement Form Section 00520 KLJ Project #2004-01034 Page 2 of 8 and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 365 days after the date when the Contract Times commence to run. 4.04 Liquidated Damages A. Owner and Contractor recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $100 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $100 for each day that expires after such time until the Work is completed and ready for final payment. B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded form recovering any other damages, whether actual, direct excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement. 4.06 Special Damages A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 (as duly adjusted pursuant to the Contract) until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. C. The special damages imposed in the paragraph are supplemental to any liquidated damages for delayed completion established in the Agreement. 232 Aspen Street Sidewalk Agreement Form Section 00520 KLJ Project #2004-01034 Page 3 of 8 ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the W ork in accordance with the Contract Documents, the amounts that follow, subject to the adjustment under the Contract: A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on the basis of Contractor's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided I the General Conditions (and in the case of Unit Price Work based on the number of unites completed) or, in the event there is no Schedule of Values, as proved elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a. 95 percent of the value of the Work completed (with balance being retainage). b. 95 percent of cost of stored materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion of the entire construction to be provided under the construction Contract Documents, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 100 percent of the Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions. 6.04 Consent of Surety 233 Aspen Street Sidewalk Agreement Form Section 00520 KLJ Project #2004-01034 Page 4 of 8 A. Owner will not make final payment or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. 6.05 Interest A. All amounts not paid when due will bear interest at the rate of 10 percent per annum. ARTICLE 7 – CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Bonds: a. Performance bond (together with power of attorney). b. Payment bond (together with power of attorney). 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings (not attached but incorporated by reference) consisting of 10 sheets with each sheet bearing the following general title: E. Aspen Street Pedestrian Bridge. 7. Drawings listed on the attached sheet index. 8. Addenda (Numbers 1 to 1, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. N/A 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Warranty Bond, if any. 234 Aspen Street Sidewalk Agreement Form Section 00520 KLJ Project #2004-01034 Page 5 of 8 B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE 8 – REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01 Contractor’s Representations A. In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents including Addenda. 2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Contractor has carefully studied the reports and drawings of Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, with the Contract Times, and in accordance with the other terms and conditions of the Contract. 235 Aspen Street Sidewalk Agreement Form Section 00520 KLJ Project #2004-01034 Page 6 of 8 8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 8.02 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of the facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 8.03 Standard General Conditions A. Owner stipulates that the General Conditions that are made a part of this Contract are EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, the Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. 236 Aspen Street Sidewalk Agreement Form Section 00520 KLJ Project #2004-01034 Page 7 of 8 8.04 A. 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, d 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. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electric Transactions Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on 01/24/2023 (which is the Effective Date of the Contract). OWNER: City of Bozeman (typed or printed name of organization) CONTRACTOR: Blanton Contracting LLC (typed or printed name of organization) By: By: (Signature) (Signature) Date: Date: Name: David Fine Name: Title: Economic Development Program Manager Title: Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: P.O. Box 1230 237 Aspen Street Sidewalk Agreement Form Section 00520 KLJ Project #2004-01034 Page 8 of 8 Bozeman, MT 59715 Phone: 406-582-2973 Phone: Owner’s Designated Representative: Contractor’s Designated Representative: Name: Michael Hinshaw, PE Name: Title: Engineering Project Manager Title: Address: 5 Mendenhall St., Suite 201 Address: Bozeman, MT 59715 Phone: 406-465-4561 Phone: Email: Michael.hinshaw@kljeng.com Email: License No.: __________________________________ State: _______________________________________ END OF SECTION 238 Memorandum REPORT TO:City Commission FROM:Gail Jorgenson, GIS Program Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with ESRI for GIS Implementation Services MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with ESRI for GIS Implementation Services. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The implementation of ESRI’s ArcGIS Urban software within the City of Bozeman’s ArcGIS Online Geographic Information System’s architecture will allow for streamlining plan creation, allow for the visualization of current projects, allow users to analyze the impact of new plans and will help to facilitate public engagement as it pertains to community development and planning. ESRI’s Professional Services will support the city’s implementation of Urban by assisting in the deployment of ArcGIS Urban on the city’s GIS ArcGIS Online infrastructure, provide training to city employees and other identified stakeholders. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The total Scope of Services is $28,428 and is funded through the FY23 Strategic Services Department operating budget. Attachments: Scope of Work.pdf Task Order.pdf State Master Purchase Agreement.pdf Report compiled on: January 11, 2023 239 December 1, 2022 ArcGIS Urban Initial Operating Capability Prepared for: Jon Henderson City of Bozeman 20 E Olive St Bozeman, MT 59715 Esri Quote Number: P012824 240 P012824 – City of Bozeman – ArcGIS Urban IOC 1 December 1, 2022 Introduction: The City of Bozeman, MT (City) has requested Environmental Systems Research Institute, Inc. (Esri) Professional Services to provide consulting services for preparing data and deploying ArcGIS Urban to support an initial operating capability (IOC) for a planning solution. Many cities today are experiencing massive challenges managing and responding to growing populations and the demands related to public and private capital expenditure on new development and infrastructure. ArcGIS Urban provides a set of tools to orchestrate the urban development lifecycle. ArcGIS Urban is a system of web-based and desktop tools to create and manage plans and projects, engage with community stakeholders, and assist with decision making. Esri will support the City with implementing the IOC for a planning solution using ArcGIS Urban by assisting the City to: • Prepare the necessary datasets, publishing these datasets to the City’s ArcGIS Online Organization and configuring the City -specific ArcGIS Urban instance. • Configure two example scenarios for a focused pilot area (e.g., corridor plan, area plan, neighborhood plan, or transit-oriented development plan, etc.) • Build in-house capabilities for getting started with ArcGIS Urban including how to navigate and configure ArcGIS Urban, add new Plans, Projects, custom Indicators and Ideas, how to make ArcGIS Urban accessible to the public and utilize Overview vs. Designer mode capabilities. • Build in-house capabilities for deploying, extending, and maintaining ArcGIS Urban datasets. This IOC foundation will allow the City to start conducting meaningful planning tasks while also positioning the City to expand their data and enable more advanced business workflows in the future. The quote below describes the scope of services, schedule, pricing, terms and conditions, and purchasing instructions. Scope of Services: Activity 1 ArcGIS Urban Application Deployment Esri will provide up to 67 hours of remote consulting services to assist the City with preparing the necessary data sets for one focused pilot area (e.g., corridor plan, area plan, neighborhood plan, or transit-oriented development plan, etc.), publishing these datasets to the City’s existing ArcGIS Online Organization and configuring the City specific ArcGIS Urban instance. It is anticipated that consulting services will include the following topics: 241 P012824 – City of Bozeman – ArcGIS Urban IOC 2 December 1, 2022 • Remote kickoff meeting to review and discuss goals and source data • Data preparation • ArcGIS Urban application deployment • Scenario configuration Activity 1.1 IOC Kickoff Esri will lead a kickoff meeting with the City staff to introduce the team and to review and discuss IOC goals, schedule, the focused pilot area, and source data (a summary of required source data is available in Appendix A). The kickoff meeting will be hosted remotely by our Redlands, CA staff. Esri will provide a Microsoft PowerPoint presentation of the goals and associated activities to guide the kickoff meeting discussion. Activity 1.2 Data Preparation Esri will support the City with specific ArcGIS Urban workflows and preparation of the source data provided by the City and requested during the IOC kickoff. The prepared data will then be published as feature services to the City’s ArcGIS Online Organization enabling these services to be consumed and edited by ArcGIS Urban once it has been deployed. It is anticipated the following data preparation steps will be performed by Esri: • Download latest ArcGIS Urban data model • Re-project data to appropriate coordinate system • Parcel geometries cleanup using geoprocessing tools (repair geometry, generalize, multipart to single part, etc.) • Assign standard road classification to centerlines • Assign parcel edge information • Support interpretation of zoning code parameters (e.g., FAR, setbacks, heights, coverage) • Support interpretation of land use parameters (e.g., FAR, heights, coverage, net area factor) • Load parcel, zoning, project, plan and indicator geometries and attributes into the ArcGIS Urban data model • Publish loaded layers as feature services to the City’s ArcGIS Online Organization Activity 1.3 ArcGIS Urban Application Deployment Once all necessary feature services are published, Esri will support the following ArcGIS Urban deployment tasks: • Populate ArcGIS Urban configuration tables to read to the previously published services, including previously created services for existing 3D buildings. 242 P012824 – City of Bozeman – ArcGIS Urban IOC 3 December 1, 2022 • Configure ArcGIS Online permissions enabling specified groups and accounts to access the ArcGIS Urban web application. • Configure the plan area, focused project and custom indicator identified during the kickoff meeting and deployed to ArcGIS Urban. Esri anticipates configuration may include tasks such as adding descriptions, URL links, charts, etc. to the deployed features using the web-based interface. Activity 1.4 Scenario Configuration Upon completion of ArcGIS Urban deployment, Esri will assist the City to create 1 Zoning plan or 1 Land Use plan with up to 2 scenarios for each plan based on input gathered during the kickoff meeting and within a mutually agreed focused pilot area. These scenarios should represent planning alternatives such as a business-as-usual scenario or a proposed development scenario that can be used for visualizing and comparing existing and proposed zoning intensities (FAR, maximum height, lot coverage), setbacks and allowed uses in parcels. In the case of the Land Use plan these scenarios could represent existing Land Use and proposed future Land Use. This activity will be supported remotely from Esri’s offices. The Esri consultant(s) will work with direction from the City’s technical staff and management. Activity 2 ArcGIS Urban Workshop Esri will provide up to 20 hours of remote consulting services including preparation to organize a virtual training for the City’s staff on the use of ArcGIS Urban application. This knowledge transfer workshop includes: 1. An introduction to ArcGIS Urban 2. Deployment of ArcGIS Urban During this remote workshop, Esri will conduct follow-along demos and exercises of the application to familiarize the City’s staff with ArcGIS Urban features and functionality. The workshop will cover topics on how to add 3D models of development projects and evaluate zoning-based development potential for any parcel within a study area. It will also cover how ArcGIS Urban helps quickly reveal capacity for additional growth, locations likely to support this growth, and potential impacts of policy changes. The workshop will also cover ArcGIS Urban Deployment via Urban Manager and the Deployment Validation Process as well as some ArcGIS Urban advanced topics. Esri anticipates that 1 consultant will support this activity. The Esri consultant will work with direction from the City’s technical staff and management. Following the training, remaining hours if any, can be used for remote, ad-hoc services via telephone, e-mail, and/or webcast. 243 P012824 – City of Bozeman – ArcGIS Urban IOC 4 December 1, 2022 Activity 3 ArcGIS CityEngine Workshop (Optional) Esri will provide up to 16 hours of remote consulting services including preparation to organize a virtual training for the City’s staff on the use of ArcGIS CityEngine and its default rule library (e.g. styles, materials, complement street assets). This knowledge transfer workshop includes: 1. An introduction to ArcGIS CityEngine 2. ArcGIS Urban and ArcGIS CityEngine Integration Workflows Esri anticipates that 1 consultant will support this activity. The Esri consultant will work with direction from the City’s technical staff and management. Following the training, remaining hours if any, can be used for remote, ad-hoc services via telephone, e-mail, and/or webcast. Esri Responsibilities • Provide up to 103 hours of consulting services as described above. City’s Responsibilities • Communicate consulting needs and priorities to the Esri consultant. • Provide the Esri consultant with access to the City’s data and system environment, as necessary. • Acquire necessary Esri software licenses prior to Activity 1 commencing. (Software licenses are not included in this proposal). Acquire at a minimum ArcGIS Online Creator-level named user account and ArcGIS Urban licenses for all workshop attendees. • ArcGIS Urban application will be deployed to the City’s ArcGIS Online organization account. • Provide remote workshop participants with workstations that meet or exceed the recommended system requirements outlined at: https://doc.arcgis.com/en/urban/get- started/get-started-system-requirement.htm. • Coordinate and ensure the participation of appropriate City staff members. • Each participant’s workstation must be configured with a headset and web camera for the remote workshops. • Prepare and publish data sets in the formats list in Appendix A – “ArcGIS Urban IOC Required Datasets” prior to the start of Activity 1. Assumptions • Esri will provide guidance and support (e.g., templates, examples, and review meetings) as the customer completes the interpretation of their zoning code into ArcGIS Urban's data model. The interpreted zoning is not intended for legal purposes. • Activity 1 will cover 1 focus pilot area within the City. 244 P012824 – City of Bozeman – ArcGIS Urban IOC 5 December 1, 2022 • There is a limit of no more than 12 workshop participants for Activities 2 & 3. • Topics outside the Scope of Services above include but are not limited to ArcGIS Online setup and configuration, publishing and sharing using Portal for ArcGIS, and ArcGIS CityEngine rule customization. • Esri will only leverage ArcGIS CityEngine default rule library and assets. • All work will be performed on the latest version of Esri products, unless otherwise specified in the scope of work. • Existing errors in data will not be corrected by Esri as part of any data upload. • Pricing assumes all consulting services will be provided remotely from Esri’s offices during Esri’s normal business hours (5:00 a.m. and 5:00 p.m. Pacific time, Monday through Friday, excluding Esri holidays) and no travel will be required of the Esri consultant. • Remote support will be provided during the standard Esri working hours of Monday- Friday, 9 AM – 5 PM Pacific Standard Time. • Remote support will be conducted via email, telephone, and webcast. • Esri will not be responsible for data clean-up, if needed. • Consulting support is limited to Esri commercial-off-the-shelf (COTS) software, and will not include any non-Esri-based systems. Schedule: The schedule will be mutually agreed upon between the City and Esri within 10 days after contract award with anticipated end date of June 30, 2023. Pricing: The pricing provided below has been estimated based upon an anticipated award of a Time-and- Materials (T&M) contract. The required labor hours, including preparation time, have been estimated based upon prior experience with work of a similar nature. The total not-to-exceed (NTE) price for the quoted Scope of Services is $28,428. This price is exclusive of any applicable federal, state and/or local taxes for which Esri may collect and the City shall remain responsible. Esri anticipates using staff from the Technology Consultant/Engineer (S1) labor category; however, depending on the level of expertise required to perform certain activities during this engagement, Esri may be required to utilize other Esri staff members with a different skill-set and labor category. 245 P012824 – City of Bozeman – ArcGIS Urban IOC 6 December 1, 2022 Price by Activity Activity Description Total (USD) ArcGIS Urban Application Deployment & ArcGIS Urban Workshop $24,012 ArcGIS CityEngine Workshop (Optional) $4,416 Total Not-to-Exceed Price $28,428 T&M consulting services will be conducted under the following conditions: • In the event Esri completes the Scope of Services for less than the NTE budget, the City will only be invoiced for the actual hours expended plus ODCs. • In the event Esri reaches the NTE budget limit before the Scope of Services is completed, the City will have the option to either (a) increase the contract funding in order to allow the work to continue; or (b) instruct Esri to stop work. If the City chooses to stop work, Esri will do so without liability. • Esri reserves the right to reallocate the project funding between Scope of Services activities and/or ODCs, as necessary to facilitate the work effort, provided the overall contract price is not exceeded. All work will be accomplished in accordance with the Scope of Services with the deliverable being consulting time. If additional work is requested by the City in writing beyond the scope of this quote, Esri will provide an updated quote. Esri will perform and invoice Services on a time and materials basis using the labor categories and rates specified for the performance period. Labor will be invoiced on a monthly basis for actual hours expended during the previous month. Other direct costs (ODCs) will include a fifteen percent (15%) burden. Invoices are to be paid within 30 days of receipt. This quote is valid for a period of 90 days from the submittal date above. Terms and Conditions: By purchasing these services, the customer agrees to the terms and conditions contained in the State of Montana Master Purchase Agreement (Esri Agreement #00221730.0 formerly 2004MPA3427) between Esri and City effective 28 October 2005 (hereinafter referred to as the “Agreement”). 246 P012824 – City of Bozeman – ArcGIS Urban IOC 7 December 1, 2022 Purchasing: To order these services as quoted, please notify Alex Muñoz of the contract award using the information provided below. Thereafter, Alex Muñoz will engage Esri's Contract Administrator to draft the necessary T&M Task Order issued under the existing Agreement, in accordance with the details of this quote. When we receive these completed documents, Esri will contact you to discuss staff assignment and schedule. We look forward to supporting you. Contact: Alex Muñoz Esri Professional Services 380 New York Street Redlands, CA 92373 (909) 793-2853 x1597 amunoz@esri.com www.esri.com 247 P012824 – City of Bozeman – ArcGIS Urban IOC 8 December 1, 2022 Appendix A – ArcGIS Urban IOC Required Datasets Urban Component Dataset Format Description Context Existing Buildings (optional) Scene Service with associated Feature Service A scene service published to ArcGIS Online for existing 3D buildings. In order to support ArcGIS Urban masking functionality, this scene service must also have an associated feature service. Context Information Web Scene A web scene containing any additional layers that may help with providing additional context information in ArcGIS Urban (e.g. trees, planimetric data, administrative boundaries, neighborhood boundaries, TAZs, points of interest). Indicators Indicator Feature Service In ArcGIS Urban, Indicators are used to help inform your planning decisions. An indicator dataset typically show numeric values from counts, sums or summary statistics (e.g. population projections, green space, population density, etc.). Plans Parcels Polygon feature class or shapefile All parcels in your local coordinate system. The data will be generalized, geometries will be repaired, and z coordinates will be added using Esri’s World Elevation Service. Capacity Indicators Table Existing condition information about population, number of households and jobs. Must include link to parcels (e.g. PIN) Street Centerlines Line feature class or shapefile All Street Centerlines in your local coordinate system with road class information. Zoning Boundaries Polygon feature class or shapefile Polygon layer of zoning boundaries within plan area selected for IOC. Zoning Parameters Table / PDF Table and/or PDF containing the information pertaining to each zoning code like FAR, max height, lot coverage, setbacks, etc. Zoning Overlay Boundaries Polygon feature class or shapefile Polygon layer of the zoning overlay boundary selected for the IOC. Zoning Overlay Parameters Table / PDF Table and/or PDF containing the information pertaining to the zoning overlay boundary selected for IOC (e.g. coverage, FAR, max height, setbacks, DUA, etc.) and the method of override (replace, add, subtract) Plan Area Boundary Polygon feature class or shapefile Please provide a polygon layer defining the extent of the plan area boundary selected for the IOC. Plan Details Documents Additional materials that help to inform the public about the plan (e.g. text, images, charts, web page links, etc.). Projects Projects Polygon feature class or shapefile Locations of known development projects. Each project should be represented as a polygon defining the extent of the project area and should include a project name and status. Project Details Documents Additional materials that help to inform the public about the project (e.g. text, images, charts, web page links, etc.). Buildings (optional) Scene Service 3D model of a development project. Needs to be published to ArcGIS Online as a 3D Object Scene Layer and at the correct geographic location. 248 J7265 2022 1 September 2022 TIME AND MATERIALS RATE SCHEDULE Effective January 1, 2023 Hourly time and materials labor category descriptions and rates have been provided for each labor category for calendar year 2023. The hourly labor rates for services that are performed after 2023 may be escalated in an amount not to exceed five percent (5%) each year. Other direct costs, such as travel, reproduction, subcontractor, telecommunication/freight, or materials, will be charged a material handling fee and invoiced. Technology Consultant/Engineer (S1) Staff members in this labor category provide day-to-day technology consulting, troubleshooting, and engineering services on many aspects of project implementation.  These projects include COTS software configuration, custom software development, database consulting, training development and delivery, technical documentation, and other technology consulting and engineering services. Individuals in this category have specialized skills and experience with a variety of technologies that can be applied to a broad spectrum of assignments. Senior Technology Consultant/Engineer (S2) Staff members in this labor category provide strategic technology consulting and engineering services across project implementation. These staff may provide technical leadership services, architecture and design services, as well as training development and delivery for small to moderately complex solutions. Individuals in this category have higher-level specialized skills and experience with a variety of technologies that can be applied to a broad spectrum of assignments. Principal Technology Consultant/Engineer (S3) Staff members in this labor category work as technical leads and/or senior technical advisers, providing technology vision, solution architecture, and strategic technology consulting for projects of all sizes and scopes. These staff may provide strategic technology design & planning, oversight of technical implementation activities, solution architecture and database design, system integration, and other technology training, consulting, and engineering services. Individuals in this category have advanced, diverse, and specialized skills and experience with a variety of technologies that can be applied to a broad spectrum of complex assignments. Staff members in this labor category work with senior client staff in coordination with Esri senior management to resolve issues and support a successful project completion. Consultant/Project Manager (M1) Staff members in this labor category provide day-to-day consulting for and management of many aspects of GIS and related technology projects. The scope of these projects may include database development and administration, training, technical support, business process design and development, definition of work plans, project management of technical and contractual deliverables, and ad hoc consulting. For 249 J7265 2022 2 September 2022 complex projects, these individuals may team with senior staff to develop comprehensive work plans that address risk, schedule, and budget management and provide the framework for project implementation. Senior Consultant/Project Manager (M2) Staff members in this labor category provide strategic consulting and management services for complex GIS and related technology projects. These staff members have market/application domain expertise with extensive experience in various technologies required to support the successful completion of a project. Consulting activities may include strategic planning, implementation of change management methodologies and system integration, and training, as well as project management oversight of project deliverables and subcontractors. These individuals may also design comprehensive work plans that address risk, schedule, and budget management and provide the framework for project implementation. Principal Consultant/Program Manager (M3) Staff members in this labor category work as program directors or project advisers, providing project vision, strategic consulting, and program management activities for GIS and related technology projects. Consulting activities may include strategic planning, oversight of requirements definitions, application and database design, system integration, curriculum development and help desk system architecture. Management activities may include providing oversight on defining program requirements and objectives, establishing budgets and schedules, as well as allocating staff and other resourcing activities. Technology Support Specialist (DB) Staff members in this labor category work in professional entry-level roles to support definable activities of larger technology projects. Working with technical and management leads and mentors, these staff provide support to technology projects as assigned. 250 J7265 2022 3 September 2022 Current Rates by Labor Category Labor Category Rate Technology Consultant/Engineer (S1) $276 Senior Technology Consultant/Engineer (S2) $358 Principal Technology Consultant/Engineer (S3) $438 Consultant/Project Manager (M1) $334 Senior Consultant/Project Manager (M2) $423 Principal Consultant/Program Manager (M3) $556 Technology Support Specialist (DB) $232 251 Copyright © 2022 Esri All rights reserved. Printed in the United States of America. Notice of Proprietary Information: The information in the attached document is proprietary to Esri and contains commercial or financial information or trade secrets that are confidential and exempt from disclosure to the public under the Freedom of Information Act. This information shall not be disclosed outside of Customer’s organization (except for consultants under a confidentiality obligation who are involved in the proposal evaluation process) without Esri’s prior permission, and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this proposal. If, however, a contract is awarded to Esri as a result of this information, the Customer shall have the right to duplicate, use, or disclose the data to the extent provided in the contract. This restriction does not limit the Customer’s right to use information contained in this data if it is obtained from another source without restriction. Esri, the Esri globe logo, ArcGIS, esri.com, and other Esri marks used in this document are trademarks, service marks, or registered marks of Esri in the United States, the European Community, or certain other jurisdictions. Other companies and products or services mentioned herein may be trademarks, service marks, or registered marks of their respective mark owners. 252 Task Order No. 2 (00316116.0) issued under MPA No. 00221730.0 00316116.0 (TO 2)/NKS Page 1 of 6 11 January 2023 MPA# 00221730.0 In accordance with the terms and conditions of the above-referenced Agreement between Environmental Systems Research Institute, Inc. ("Esri"), and State of Montana, City of Bozeman (“Licensee”) this Task Order authorizes preparation and provision of the Scope of Work described and in accordance with the terms, schedule, and start/end date(s) specified below. 1. Scope of Work: Esri shall provide the Services specified in Exhibit 1, which is attached hereto and incorporated by this reference. In addition to the foregoing, Customer agrees that its employees, representatives, and subcontractors will cooperate and communicate with Esri during performance of this Task Order. Without cost to Esri, Customer shall provide, allow access to, or assist Esri in obtaining all data Esri requests for performance of this Task Order, including, but not limited to, (1) copies of previously prepared reports, maps, plans, surveys, records, and other documents in the control or possession of Customer and (2) copies of ordinances, codes, regulations, or other governmental documents. 2. Contract Type: Time and Materials 3. Task Not-to-Exceed Value: $28,428. See Exhibit 2 – Pricing, which is attached hereto and incorporated herein by this reference. 4. Customer Address for the Receipt of Esri Invoices: City of Bozeman Strategic Services/GIS Department P.O. Box 1230 Bozeman, MT 59771 5. Period of Performance: The services defined in this Task Order shall expire June 30, 2023. 6. Special Considerations: N/A 7. Esri Project Manager: Christine Ma | 909-283-2708 | cma@esri.com Esri Senior Contract Administrator: Noelle Santos | 909-369-5323 ext. 5323 | nsantos@esri.com Customer Project Manager: Gail Jorgenson, 406-582-2972, gjorgenson@bozeman.net Customer Senior Contract Administrator: Jon Henderson, 406-582-22502, Jon.Henderson@bozeman.net ACCEPTED AND AGREED: ENVIRONMENTAL SYSTEMS City of Bozeman, State of Montana RESEARCH INSTITUTE, INC. (Licensee) (Esri) Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: 253 00316116.0 (TO 2)/NKS Page 2 of 7 11 January 2023 MPA# 00221730.0 Exhibit 1 to Task Order No. 2 Esri Master Purchase Agreement No. 00221730.0 Scope of Services Activity 1 ArcGIS Urban Application Deployment Esri will provide up to 67 hours of remote consulting services to assist the City with preparing the necessary data sets for one focused pilot area (e.g., corridor plan, area plan, neighborhood plan, or transit-oriented development plan, etc.), publishing these datasets to the City’s existing ArcGIS Online Organization and configuring the City specific ArcGIS Urban instance. It is anticipated that consulting services will include the following topics: • Remote kickoff meeting to review and discuss goals and source data • Data preparation • ArcGIS Urban application deployment • Scenario configuration Activity 1.1 IOC Kickoff Esri will lead a kickoff meeting with the City staff to introduce the team and to review and discuss IOC goals, schedule, the focused pilot area, and source data (a summary of required source data is available in Appendix A). The kickoff meeting will be hosted remotely by our Redlands, CA staff. Esri will provide a Microsoft PowerPoint presentation of the goals and associated activities to guide the kickoff meeting discussion. Activity 1.2 Data Preparation Esri will support the City with specific ArcGIS Urban workflows and preparation of the source data provided by the City and requested during the IOC kickoff. The prepared data will then be published as feature services to the City’s ArcGIS Online Organization enabling these services to be consumed and edited by ArcGIS Urban once it has been deployed. It is anticipated the following data preparation steps will be performed by Esri: • Download latest ArcGIS Urban data model • Re-project data to appropriate coordinate system • Parcel geometries cleanup using geoprocessing tools (repair geometry, generalize, multipart to single part, etc.) • Assign standard road classification to centerlines • Assign parcel edge information • Support interpretation of zoning code parameters (e.g., FAR, setbacks, heights, coverage) • Support interpretation of land use parameters (e.g., FAR, heights, coverage, net area factor) 254 00316116.0 (TO 2)/NKS Page 3 of 7 11 January 2023 MPA# 00221730.0 • Load parcel, zoning, project, plan and indicator geometries and attributes into the ArcGIS Urban data model • Publish loaded layers as feature services to the City’s ArcGIS Online Organization Activity 1.3 ArcGIS Urban Application Deployment Once all necessary feature services are published, Esri will support the following ArcGIS Urban deployment tasks: • Populate ArcGIS Urban configuration tables to read to the previously published services, including previously created services for existing 3D buildings. • Configure ArcGIS Online permissions enabling specified groups and accounts to access the ArcGIS Urban web application. • Configure the plan area, focused project and custom indicator identified during the kickoff meeting and deployed to ArcGIS Urban. Esri anticipates configuration may include tasks such as adding descriptions, URL links, charts, etc. to the deployed features using the web-based interface. Activity 1.4 Scenario Configuration Upon completion of ArcGIS Urban deployment, Esri will assist the City to create 1 Zoning plan or 1 Land Use plan with up to 2 scenarios for each plan based on input gathered during the kickoff meeting and within a mutually agreed focused pilot area. These scenarios should represent planning alternatives such as a business-as-usual scenario or a proposed development scenario that can be used for visualizing and comparing existing and proposed zoning intensities (FAR, maximum height, lot coverage), setbacks and allowed uses in parcels. In the case of the Land Use plan these scenarios could represent existing Land Use and proposed future Land Use. This activity will be supported remotely from Esri’s offices. The Esri consultant(s) will work with direction from the City’s technical staff and management. Activity 2 ArcGIS Urban Workshop Esri will provide up to 20 hours of remote consulting services including preparation to organize a virtual training for the City’s staff on the use of ArcGIS Urban application. This knowledge transfer workshop includes: 1. An introduction to ArcGIS Urban 2. Deployment of ArcGIS Urban 255 00316116.0 (TO 2)/NKS Page 4 of 7 11 January 2023 MPA# 00221730.0 During this remote workshop, Esri will conduct follow-along demos and exercises of the application to familiarize the City’s staff with ArcGIS Urban features and functionality. The workshop will cover topics on how to add 3D models of development projects and evaluate zoning-based development potential for any parcel within a study area. It will also cover how ArcGIS Urban helps quickly reveal capacity for additional growth, locations likely to support this growth, and potential impacts of policy changes. The workshop will also cover ArcGIS Urban Deployment via Urban Manager and the Deployment Validation Process as well as some ArcGIS Urban advanced topics. Esri anticipates that 1 consultant will support this activity. The Esri consultant will work with direction from the City’s technical staff and management. Following the training, remaining hours if any, can be used for remote, ad-hoc services via telephone, e-mail, and/or webcast. Activity 3 ArcGIS CityEngine Workshop Esri will provide up to 16 hours of remote consulting services including preparation to organize a virtual training for the City’s staff on the use of ArcGIS CityEngine and its default rule library (e.g. styles, materials, complement street assets). This knowledge transfer workshop includes: 1. An introduction to ArcGIS CityEngine 2. ArcGIS Urban and ArcGIS CityEngine Integration Workflows Esri anticipates that 1 consultant will support this activity. The Esri consultant will work with direction from the City’s technical staff and management. Following the training, remaining hours if any, can be used for remote, ad-hoc services via telephone, e-mail, and/or webcast. Esri Responsibilities • Provide up to 103 hours of consulting services as described above. City’s Responsibilities Communicate consulting needs and priorities to the Esri consultant. • Provide the Esri consultant with access to the City’s data and system environment, as necessary. • Acquire necessary Esri software licenses prior to Activity 1 commencing. (Software licenses are not included in this proposal). Acquire at a minimum ArcGIS Online Creator-level named user account and ArcGIS Urban licenses for all workshop attendees. • ArcGIS Urban application will be deployed to the City’s ArcGIS Online organization account. • Provide remote workshop participants with workstations that meet or exceed the recommended system requirements outlined at: https://doc.arcgis.com/en/urban/get- started/get-started-system-requirement.htm. 256 00316116.0 (TO 2)/NKS Page 5 of 7 11 January 2023 MPA# 00221730.0 • Coordinate and ensure the participation of appropriate City staff members. • Each participant’s workstation must be configured with a headset and web camera for the remote workshops. • Prepare and publish data sets in the formats list in Appendix A – “ArcGIS Urban IOC Required Datasets” prior to the start of Activity 1. Assumptions • Esri will provide guidance and support (e.g., templates, examples, and review meetings) as the customer completes the interpretation of their zoning code into ArcGIS Urban's data model. The interpreted zoning is not intended for legal purposes. • Activity 1 will cover 1 focus pilot area within the City. • There is a limit of no more than 12 workshop participants for Activities 2 & 3. • Topics outside the Scope of Services above include but are not limited to ArcGIS Online setup and configuration, publishing and sharing using Portal for ArcGIS, and ArcGIS CityEngine rule customization. • Esri will only leverage ArcGIS CityEngine default rule library and assets. • All work will be performed on the latest version of Esri products, unless otherwise specified in the scope of work. • Existing errors in data will not be corrected by Esri as part of any data upload. • Pricing assumes all consulting services will be provided remotely from Esri’s offices during Esri’s normal business hours (5:00 a.m. and 5:00 p.m. Pacific time, Monday through Friday, excluding Esri holidays) and no travel will be required of the Esri consultant. • Remote support will be provided during the standard Esri working hours of Monday- Friday, 9 AM – 5 PM Pacific Standard Time. • Remote support will be conducted via email, telephone, and webcast. • Esri will not be responsible for data clean-up, if needed. • Consulting support is limited to Esri commercial-off-the-shelf (COTS) software, and will not include any non-Esri-based systems. 257 00316116.0 (TO 2)/NKS Page 6 of 7 11 January 2023 MPA# 00221730.0 Appendix A – ArcGIS Urban IOC Required Datasets Urban Component Dataset Format Description Context Existing Buildings (optional) Scene Service with associated Feature Service A scene service published to ArcGIS Online for existing 3D buildings. In order to support ArcGIS Urban masking functionality, this scene service must also have an associated feature service. Context Information Web Scene A web scene containing any additional layers that may help with providing additional context information in ArcGIS Urban (e.g. trees, planimetric data, administrative boundaries, neighborhood boundaries, TAZs, points of interest). Indicators Indicator Feature Service In ArcGIS Urban, Indicators are used to help inform your planning decisions. An indicator dataset typically show numeric values from counts, sums or summary statistics (e.g. population projections, green space, population density, etc.). Plans Parcels Polygon feature class or shapefile All parcels in your local coordinate system. The data will be generalized, geometries will be repaired, and z coordinates will be added using Esri’s World Elevation Service. Capacity Indicators Table Existing condition information about population, number of households and jobs. Must include link to parcels (e.g. PIN) Street Centerlines Line feature class or shapefile All Street Centerlines in your local coordinate system with road class information. Zoning Boundaries Polygon feature class or shapefile Polygon layer of zoning boundaries within plan area selected for IOC. Zoning Parameters Table / PDF Table and/or PDF containing the information pertaining to each zoning code like FAR, max height, lot coverage, setbacks, etc. Zoning Overlay Boundaries Polygon feature class or shapefile Polygon layer of the zoning overlay boundary selected for the IOC. Zoning Overlay Parameters Table / PDF Table and/or PDF containing the information pertaining to the zoning overlay boundary selected for IOC (e.g. coverage, FAR, max height, setbacks, DUA, etc.) and the method of override (replace, add, subtract) Plan Area Boundary Polygon feature class or shapefile Please provide a polygon layer defining the extent of the plan area boundary selected for the IOC. Plan Details Documents Additional materials that help to inform the public about the plan (e.g. text, images, charts, web page links, etc.). Projects Projects Polygon feature class or shapefile Locations of known development projects. Each project should be represented as a polygon defining the extent of the project area and should include a project name and status. Project Details Documents Additional materials that help to inform the public about the project (e.g. text, images, charts, web page links, etc.). Buildings (optional) Scene Service 3D model of a development project. Needs to be published to ArcGIS Online as a 3D Object Scene Layer and at the correct geographic location. 258 00316116.0 (TO 2)/NKS Page 7 of 7 11 January 2023 MPA# 00221730.0 Exhibit 2 to Task Order No. 2 Esri Master Purchase Agreement No. 00221730.0 Pricing The total Not-to-Exceed (NTE) price for this Task Order is $28,428. The table(s) below provide a summary of pricing by activity. Price by Activity Activity Description Total (USD) ArcGIS Urban Application Deployment & ArcGIS Urban Workshop $24,012 ArcGIS CityEngine Workshop $4,416 Total Not-to-Exceed Price $28,428 *Note: Esri reservices the right to re-allocate the project funding between Scope of Work activities, as necessary to facilitate the work effort, provided the overall contract price is not exceeded. 259 Amendment 7 Master Purchase Agreement No.2004MPA3427 Earl,3SO New YorkSi.,Redfende,CA 32373-3100 USA ~TELSCS-733-2333 ~FAXSSS-'las-SSS3 This Amendment amends the Master Purchase Agreement (MPA)between Environmental Systems Research Institute,Inc.of Redlands,California (Esri),and the State ofMontana (Montana). Amendment 7 amends the MPA as follows: 1)Pursuant to 'Term ofA ree e e The term ofthis MPA is extended until October 28,2014. 2)Esri M ATerms and Conditions E500 Article9-Pricin .Delete the last sentence ofthe first paragraph in Article 9-Pricing and replace with the followingsentence:"Esri may update the pricing no more than once each calendar quarter upon written notice to Customer." 3)E te rise Adva ta e Pro r m EAP ELAAddendum E125-ELA.E125-ELA4/4/2011 Enterprise Advantage Progrstn (EAP)ELAAddendum is hereby included in this amendment. 4)Train'rm and Condition 2 Z.The existing Training Terms and Conditions E207 9/09 is deleted and replaced with Training Terms and Conditions E207CW 7/I I,A copy ofthe E207CW document is attached. 5)Custom So T hnical Data a I License Addend The existing Custom Software, Technical Data,and Assistance License Addendum E600 is replaced withE600 12/02/201 1.A copy ofthe E600 document is attached. 6)Time and Material h ule J-8410.The existing 2011 Esri Time and Materials Rate Schedule J-8410 is deleted and replaced with the 2012 Time and Materials Rate Schedule J-8410. 7)Im I m ntation Servic n um'or Services G363D.G363D 11/I/2010 Implementation Services Addendum for Services Packages is hereby included in this amendment. 8)Esri Pri List E416.The existing Esri MPA Price List,E416 10/10 is deleted and replaced with MPA Price List,E416 10/11.A copy ofthe E416 document is attached. 9)Acopy ofthe current license agreement consisting ofGeneral License Terms and Conditions E200 and Exhibit 1- Scope ofUse E300 are enclosed.The revisions originally negotiated to the General License Terms and Conditions, E200 remain efFective for follow-onversions and the Governing Law and Arbitration are defined pursuant to the State ofMontana Amendment to Master Purchase Agreement and is attached hereto, Except as may be specifically modified by this Amendment 7,all other terms and conditions ofthe MPA and any Amendment(s)or Addendum(s)constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements orrepresentations,written or oral;concerning the subject matter ofthis MPA.The parties hereto have executed this Amendment 7 to be effective,valid,and binding upon the parties as ofthe date below as executed by their duly authorized representatives, Accepted and STATE OF MONTANA (MONTANA) ENVIRONME ALSY INSTITUTE,C. (Esri) 7 SEA C Signature: Printed Name: Title: Signature: Printed Name:'sJ nson Manage eslic Co Date: 2004MPA3427-A7/TjB 11/29/2011 260 ENTERPRISE ADVANTAGEPROGRAM (EAP) ENTERPRISE LICENSE AGREEMENT (ELA) ADDENDUM(E125-ELA) Esri,380 New York St.,Redlands,CA 92373-8100 USA ~TEL 909-793-2853 ~FAX909-793-5953 EAP Agreement No 2011EAP9492 This Enterprise Advantage Program (EAP)Enterprise License Agreement (ELA)Addendum is composed of this page and the related Terms and Conditions contained in Articles I through 12 below.This EAP ELAAddendum adds additional terms and conditions to the ELA with respect to the EAP. Esri offers an Enterprise Advantage Program to Licensees that are implementing or have implemented a geographic information system (GIS)enterprise solution based on Esri technology.Licensee agrees to contract withEsri for and Esri agrees to provide Licensee withcertain enhanced consulting services,training,and support available under the Enterprise Advantage Program forthe authorized Licensee location as described herein.The Enterprise Advantage Program is not designed for Esri to provide project-specific professional services (e.g.,application or database development for solutions or applications). AllLicensee contact re ardin EAP activities shall be throu h the oint ofcontact identified below. Authorized EAP Contact Information (to be completed by Licensee) Contact:Telephone: Address:Fax: City,State,ZIP:E-mail: This EAP ELAAddendum supersedes any previous agreements or understandings related to the Enterprise Advantage Program.Allother terms and conditions of the ELA and any preceding addenda willremain in fullforce and effect. E125-ELA Page 1 of 10 261 ARTICLE I DEFINITIONS Capitalized terms that have not been defined in this EAP ELAAddendum shall have the meaning found in the applicable Esri license agreement. "Incident"means a communication via telephone or e-mail by Licensee to Support Services regarding technical problems with Software,Data,or Documentation. "Map Data"means any digital dataset(s),including geographic data,vector data coordinates,raster data,or associated tabular attributes supplied or used in the performance ofthis EAP ELA Addendum. "PSS"means Premium Support Services. "Secure Formats"means object code,executable code,or similar formats. "Term"means the initialterm ofthis EAP ELA Addendum. "WorkProduct"means reports,documented analysis,sample code,prototype/unsupported code,or technical memorandums provided under this EAP ELAAddendum. ARTICLE 2 ENTERPRISE ADVANTAGEPROGRAM 2.1 Enterprise Advantage Program Description.The Enterprise Advantage Program is a menu of services,training,and support that provides Licensee with the flexibilityto select components that best meet its needs.The Enterprise Advantage Program components include the following: a.Technical Advisor.AnEsri Technical Advisor who has expertise in Esri GIS software capabilities and has the ability to analyze and assess optimal solutions inthe context of GIS enterprise implementation willbe assigned to Licensee. Licensee willreceive up to the number ofordered Technical Advisor hours.Licensee may elect to retain additional Technical Advisor Services for a supplemental price.Technical Advisors are not substitutes for services provided by Esri Support Services or Professional Services.Licensee willcontinue to contact Esri Support Services as the first point of contact for all technical support inquiries.Ifa custom application or other services are required,Licensee willneed to enter into an agreement for use of Esri Professional Services.IfLicensee requests the Technical Advisor to come to Licensee's site,Licensee willpay reasonable travel costs.The Technical Advisor in coordination with the Account Manager shall (I)Advise Licensee on GIS strategies,architectures,and product selection; (2)Advise Licensee on training needs,available business partner solutions,consulting support requirements, and business case development; (3)Act as Licensee's technical advocate in dealing withEsri; (4)Participate in annual account reviews;and (5)Serve as point of escalation ifLicensee is not satisfied withthe resolution ofan incident through Esri Support Services. b.Annual Account Review.Licensee may attend a one (I)-day annual GIS strategy and account review withLicensee's Account Manager and Technical Advisor at Esri headquarters in Redlands,California.Key Esri technical and industry specialists may also attend the review to answer questions and discuss Licensee's ideas and suggestions regarding Esri software and support strategies.Licensee is responsible for its own travel expenses.As an option to hosting the review in Redlands,Esri may conduct the review at the appropriate Esri regional office as mutually agreed,and Esri's Redlands staff willhave the option to participate either by telephone or by webcast. c.Learning and Services Credits (I)Licensee willreceive the number of ordered Learning and Services Credits.Licensee may use the credits toward any combination ofconsulting services support,training,premium support,or related travel expenses as described below. E125-ELA Page 2 of 10 04/04/2011 262 (2)Licensee may order,for an additional price,additional Learning and Services Credits either (i)as a block of fifty(50)credits or (ii)as a block of one hundred (100)credits,not to exceed a total oftwo hundred (200)credits during the Term or each Renewal Period ofthis EAP ELA Addendum.IfLicensee requests additional Learning and Services Credits over and above the initial two hundred (200)credits provided for in this paragraph,Licensee must order Learning and Services Credits along with additional Technical Advisor Services. (3)Learning and Services Credit may be exchanged as follows: 0.75 credits =I day 9 credits =I day I credit =480 Virtual Campus dollars as quoted Technical Consulting Services Support consisting ofreview of technology strategy,systems design, prototyping,and other general technical consulting services support activities (Any project-related activities requiring a deliverable other than consulting time willbe scoped,budgeted,and scheduled through a separate agreement.)I credit =2 hours Annual Premium Support Unlimited 75 credits =Unlimited Incidents Instructor-Led Training (one [I]person at an Esri I credit =I day Facility)or Virtual Classroom Client Site or Private Esri Site Training Event (for up to 9 credits =I day twelve [12]people) Additional Student Coaching Services (for up to fifteen [15]people) Virtual Campus Annual User License Related Esri travel and per diem expenses Note:Offerings above may be added or removed from time to time in conformance withthe EAP requirements. (4)Unused Learning and Services Credits may be carried over to future years as long as Licensee remains an Esri Enterprise Advantage Program member.Ifthis EAP ELAAddendum expires (exclusive of termination for default),any unused credits willexpire six (6)months after the expiration of this EAP ELAAddendum; however,the Technical Advisor Services willnot be available during this post-Term period. (5)Esri willprovide EAP Contact witha monthly report outlining usage ofEnterprise Advantage Program Learning and Services Credits to date. d.Exelu~ive Enterpri ~e II'ebeast.Esri willprovide an e-mail invitation to the EAP Contact for a quarterly webcast presenting business and technical information related to enterprise GIS. 2.2 Learning and Services Credit Use a.Authorization ofCredit Use.Licensee willcontact its Account Manager or Technical Advisor to consume Learning and Services Credits for a particular request.Esri willsubmit to Licensee a Learning and Services Credit estimate by e-mail for confirmation and authorization for use of the credits. b.Travel and Per Diem.Any Esri travel and per diem willbe quoted separately.Licensee may direct Esri to use credits for travel and per diem as stated inEnterprise Advantage Program Description,Section 2.1 above,or Licensee willissue a purchase order and Esri willinvoice Licensee for the travel and per diem expenses as described below in Article 6. c.Notification ofConsumed Credit~.Esri willnotify Licensee in the event the authorized Learning and Services Credits are consumed prior to completion ofthe requested work.Licensee may elect to direct use of additional credits,ifavailable; procure additional Learning and Services Credits;or notify Esri to stop work on such requested work.Esri reserves the right to discontinue work when the authorized credits are consumed. d.Review ofProposed Activities.Any activities proposed to be completed under the Enterprise Advantage Program willbe subject to review and approval by Esri to ensure alignment withthe intent ofthe program. 2.3 Defense or MilitaryApplication.Atthe time the Learning and Services Credits are requested or before any services are provided by the Technical Advisor,Licensee willinformEsri ifany of the requested services,consulting,training,or support provided by Esri is directly related to a defense article or for a military application. E125-ELA Page 3 of 10 04/04/2011 263 ARTICLE 3 LICENSE GRANT 3.1 Training.The terms ofthe Esri License Agreement shall be applicable to all Licensee course parncipants and for all of Esri's Software,Data,Web Services,and Documentation licensed foruse in any tmining course to be conducted.Esri may issue temporary Software licenses when there is an insufficient number of Software licenses available at Licensee's training facility.Upon conclusion ofthe training event,Licensee shall uninstall the temporary Software licenses and return to Esri any media provided. 3.2 Work Product.Esri hereby grants to Licensee a nonexclusive,royalty-free license in the Work Product to use in connection withLicensee's authorized use ofthe Software and Data for support ofwhich the Work Product was supplied. 3.3 PSS.The terms and conditions of the License Agreement for the affected Software willgovern any updates,patches,hot fixes,or software provided under this EAP ELA Addendum. ARTICLE 4 WARRANTIESANDDISCLAIMERS 4.1 Warranties and Disclaimers a.Allservices,training,and Work Products willbe provided in a professional and workerlike manner. b.Esri warmnts for a period ofthirty (30)days after delivery ofthe services that the services willconform to professional and technical standards ofthe software industry. c.Map Data Disclaimer.Map Data may contain some nonconformities,defects,errors,or omissions.MAP DATAIS PROVIDED "AS IS"WITHOUTWARRANTYOF ANYKIND.Without limitingthe generality ofthe preceding sentence,Esri and its licensors do not warrant that the Map Data willmeet Licensee's needs or expectations,that the use ofthe Map Data willbe uninterrupted,or that all nonconformities can or willbe corrected.Esri and its licensors are not invitingreliance on the Map Data,and Licensee should always verify actual Map Data. 4.2 General Disclaimer.EXCEPT FOR THE ABOVEEXPRESS LIMITEDWARRANTIES,ESRI DISCLAIMSALL OTHER WARRANTIES OF ANYKIND,EITHER EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITEDTO, THE IMPLIEDWARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULARPURPOSE,SYSTEM INTEGRATION,ANDNONINFRINGEMENTOF INTELLECTUALPROPERTY RIGHTS.ESRI DOES NOT WARRANTAND DISCLAIMSTHATTHE ENTERPRISE ADVANTAGEPROGRAM OR ANYWORK PRODUCT PROVIDED HEREUNDER WILLMEET LICENSEE'S NEEDS;THAT LICENSEE'S OPERATION OF THE SAME WILLBE UNINTERRUPTED,ERROR-FREE,FAULT-TOLERANT,OR FAIL-SAFE;OR THATALL NONCONFORMITIES CAN OR WILLBE CORRECTED.WORK PRODUCT IS NOT DESIGNED,MANUFACTURED, OR INTENDED FOR USE INENVIRONMENTS OR APPLICATIONS THATMAYLEAD TO DEATH,PERSONAL INJURY,OR PHYSICALPROPERTY/ENVIRONMENTALDAMAGE.ANYSUCH USE SHALLBE ATLICENSEE'S OWN RISK AND COST. ARTICLE 5 LIMITATIONOF LIABILITY 5.1 Disclaimer of Certain Types of Liability.ESRI IS NOT LIABLETO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOST PROFITS,LOST SALES,OR BUSINESS EXPENDITURES; INVESTMENTS;BUSINESS COMMITMENTS;LOSS OF ANYGOODWILL;OR ANYINDIRECT,SPECIAL, INCIDENTAL,OR CONSEQUENTIALDAMAGES ARISING OUT OF OR RELATED TO THIS EAP ELA ADDENDUMOR USE OF THE WORKPRODUCT,HOWEVER CAUSED ON ANYTHEORY OF LIABILITY, WHETHER OR NOT ESRI HAS BEEN ADVISEDOF THE POSSIBILITYOF SUCH DAMAGE.THESE LIMITATIONS SHALL APPLY NOTWITHSTANDINGANYFAILURE OF ESSENTIAL PURPOSE OF ANYLIMITEDREMEDY. 5.2 General Limitation of Liability.ESRI'S TOTAL CUMULATIVELIABILITYHEREUNDER FOR DIRECT DAMAGES SHALLIN NO EVENTEXCEED THE AMOUNTACTUALLYPAID BYLICENSEE FOR THE EAP PROGRAM. 5.3 Applicabilityof Disclaimers and Limitations.The parnes agree that Esri has set its prices and entered into this EAP ELA Addendum in reliance on the disclaimers and limitations set fordi herein,that the same reflect an allocation of risk between the parnes,and that the same form an essential basis ofthe bargain between the parties.THESE LIMITATIONS APPLY NOTWITHSTANDINGANYFAILUREOF ESSENTIAL PURPOSE OF ANYLIMITEDREMEDY. E125-ELA Page 4 of 10 04/04/2011 264 ARTICLE 6 COMPENSATION 6.1 The fees forthe initial term of the EAP are included inthe ELAFees.Fees for additional Learning and Services Credits or Technical Advisor Services willbe invoiced upon receipt ofLicensee's order.Licensee shall pay Esri within thirty (30)calendar days of receipt ofinvoice. 6.2 Pricing for new or additional Esri service offerings willbe in accordance with Esri's most current price schedule at the time ofpurchase. 6.3 Licensee may elect to use Learning and Services Credits for actual travel expenses ofEsri employees plus a standard burden or to be invoiced at the actual cost for travel expenses plus a standard burden.Meals willbe charged on a per diem basis. ARTICLE 7 TERM AND TERMINATION 7.1 The Term of this EAP ELAAddendum shall run concurrent with the term ofthe ELA. 7.2 Either party may elect not to renew the EAP ELAAddendum for its sole convenience at the end of any term upon thirty (30)days'ritten notice to the other party,in which event the EAP shall expire. 7.3 Either party may terminate this EAP ELAAddendum for a material breach that is not cured withinten (10)days after written notice to the other party or for bankruptcy or insolvency ofthe other party. 7.4 Upon termination or expiration of this EAP ELAAddendum a.Except when termination results from nonrenewal,all outstanding Learning and Services Credits shall be subject to cancellation,acceptance,or rejection at the sole discretion of Esri. b.In the event oftermination for a material breach,the due dates ofall invoices for amounts owed by Licensee to Esri shall be accelerated automatically so that such amounts become due and payable on the effective date of termination,regardless ofthe payment term provisions set fordi in this EAP ELAAddendum. c.Except where a provision specifically provides otherwise,any cause of action or claim ofone (1)party accrued to or to accrue because of any breach or default ofthe other party and any accrued license rights shall survive to the degree necessary to permit their complete fulfillmentor discharge. ARTICLE 8 CONFIDENTIALITY 8.1 Confidential Information.It may be necessary forEsri or Licensee to disclose to the other party certain confidential information under this EAP ELA Addendum.The access code or password for the PSS website,information disclosed at review sessions,and any Work Product are confidential information ofEsri.Licensee data contained in the Esri PSS website database is confidential information ofLicensee.Each party shall use the confidential information described above only for exchanging information needed to provide the PSS contemplated by this EAP ELAAddendum.Within sixty (60)days of termination of this EAP ELA Addendum,each party shall return or destroy and provide a certification of destruction ofthe confidential information ofthe other party. 8.2 Work Product a.Insofar as its rights may be legally restricted,Licensee agrees not to reverse engineer or decompile Work Product delivered only in Secure Formats.For Work Product delivered in source code or other human-readable formats,Licensee willhave met its obligations under this EAP ELAAddendum ifits disclosure ofWork Product is limited to such items in Secure Formats,provided that the means for reverse engineering,decompiling,or disassembling such Work Product is withheld from such disclosure,and the person or entity in receipt ofsuch Work Product similarly agrees not to perform such acts or allow others to do so. b.Except as provided in the preceding paragraph,Licensee shall not disclose the Work Product to employees or third parties without the advance written consent ofEsri.However,Licensee may,without such consent,make such disclosures to employees to the extent reasonably required to allow Licensee to use the Software or Data in a manner authorized under applicable licenses. E125-ELA Page 5 of 10 04/04/2011 265 c.The disclosures permitted under this section shall not relieve Licensee of its obligation to maintain the Work Product in confidence and comply with all applicable laws and regulations ofthe United States,including,without limitation,its export control laws.Furthermore,before disclosing all or any pornon ofthe Work Product to employees or third parnes as permitted in the preceding paragraph,Licensee shall inform such employees or third parties ofthe obligations in this EAP ELAAddendum and obtain their agreement to be bound by them. 8.3 Excluded Confidential Information.Licensee shall not provide to Esri or disclose to the instructor any data or information that is personally identified information (PII),including,but not limited to,GLBAor HIPAAtype data or information,or critical infrastructure information (CII)from the US Department of Homeland Security.Notwithstanding anything in this Addendum to the contrary,Esri retains the right to refuse acceptance of any nonpublic personal information (NPI)or customer information regardless ofthe form ofdisclosure.Esri willonly accept receipt ofinformation from Licensee that comports with the exceptions set forth in Subsections 4(B)and 4(C)(ii)of Section 509 of the Gramm-Leach- Bliley Act (P.L.106-102)(15 U.S.C.Section 6809)and implementing regulations thereof. 8.4 Other Exchange of Confidential Information.Any other exchange of confidential information between the parties shall require execution of a nondisclosure agreement signed between the parnes separate from this EAP ELA Addendum. ARTICLE 9 PREMIUM SUPPORT SERVICES TERMS AND CONDITIONS 9.1 Premium Support Services.Should the Licensee choose to use Learning and Services Credits for PSS,the terms ofthis Article 9 shall also apply. 9.2 Premium Support Availability.Licensee may use Learning and Services Credits forPSS (annually)for any product covered under Esri's standard maintenance subscription,provided that Licensee is current on maintenance for applicable Esri Software.Esri shall provide PSS for the Term of the EAP ELAAddendum. 9.3 Premium Support Description.PSS shall provide (I)a designated Premium Support Coordinator ("PSC"),(2) unlimited telephone and e-mail support accessible to Licensee twenty-four hours per day,seven days per week,three hundred sixty-five days per year (24/7/365),(3)Priority Incident Management,and (4)other additional enhanced support and services. 9.4 Premium Support Coordinator.Esri shall assign a PSC to Licensee.The assigned PSC shall work directly with Licensee's Authorized Contact ("LAC")and shall oversee all ofLicensee's Premium Support Incidents.Licensee may select up to two (2)individuals to report Premium Support Incidents to Support Services and work directly withPSC regarding all such Incidents. The PSC shall a.Be familiar withLicensee's GIS software architecture and infrastructure to perform the scope of support pursuant to this Article 9; b.Verifythat all open Premium Support Incidents ofLicensee are prioritized above Incidents opened pursuant to standard maintenance; c.Work closely with Senior Support Analysts toward the resolution of all open Premium Support Incidents;and d.Provide LAC with a daily status update on all open Premium Support Incidents or as agreed upon by PSC and Licensee. Esri may replace PSC during the Term of the EAP ELAAddendum with a written notification to Licensee. 9.5 Telephone and E-mail Support.Esri shall provide support to Licensee for Software by telephone or e-mail and shall include the following: a.LACmay open an Incident by calling Support Services or logging the Incidents via the PSS website.An e-mail acknowledgment shall be sent to LACfora new Incident logged via the PSS website.The assigned PSC shall use commercially reasonable efforts to call or send an e-mail response withinone (I)hour of receipt of a new Incident to notify Licensee that the logged Premium Support Incident is in the initial stage of review; b.LACshall have the ability to log Premium Support Incidents via the telephone.Incidents logged in this manner will receive personalized messaging and Priority Incident Management;and E125-ELA Page 6 of 10 04/04/2011 266 c.PSC shall be available to LAC from 5:00 a.m.to 5:00 p.m.,Pacific Standard Time,Monday through Friday,except on Esri holidays.In the event that P SC is not available during such time,LAC's telephone calls and e-mails willbe routed to a Senior Support Analyst who can assist LAC.PSC willbe notified ofthe Incident.Telephone calls and e-mails during all other times (after hours,weekends,and Esri holidays)willbe routed to Senior Support Analysts. 9.6 Priority Incident Management.Priority Incident Management shall include the following: a.Premium Support Incidents reported by LAC willbe given priority handling after the initialPremium Support Incident is created and documented; b.Software defects affecting Licensee willbe a priorityfor discussion ofthe User Advocacy Group;and c.For identified Software defects that are approved for an out-of-cycle hot fixor patch,PSC shall assist in presenting the hot fixor patch to LAC and verify that the delivered hot fixor patch addresses the reported issue. 9.7 Other Additional Enhanced Support and Services.Esri shall provide additional offerings to Licensee as a part ofPSS, which include,but are not limited to,the following: a.Premium Support 8'ebsite Access.LAC shall have access to the PSS website.LAC shall have the ability to log and track the status and completion of all identified Premium Support Incidents on this website.LAC may log and view their Incidents and access other PS S-related tools and information through this website. b.System/Environment Profile.Through the PSS website,Licensee shall have access to an Esri database to enter and maintain data regarding Licensee's equipment,applications,and skill sets associated withEsri technology. c.PSS Software AlertNewsletter.Esri shall provide to Licensee a news bulletin that discusses key current issues in Software being investigated by Esri. d.Quarterly Teleconference Meeting.Esri and Licensee shall conduct a quarterly teleconference meeting to discuss Licensee's Premium Support Incidents.Esri shall make available the assigned Account Manager,PSC,Premium Support Manager,and other Esri staff as deemed necessary by Esri. Details ofall PSS offerings can be found at www.esri.corn/services/ss/corn onents.html. 9.8 PSS Restrictions and Exclusions a.Excluded Software.PSS is not available for third-party software.Esri is not responsible for errors attributable to third- party software used in conjunction with or built upon Software. b.English Language.Allcommunications willbe conducted in the English language except by agreement ofboth parties. c.Acknowledgment.Licensee acknowledges and agrees that the report of an error or defect of any Software is not a guarantee that it can or willbe corrected.AtEsri's sole discretion,Software is corrected on a priority basis and is subject to release schedules determined by Esri. d.Hardware Support.Esri does not provide support for hardware,including but not limited to,graphics cards,monitors, plotters,graphics printers,digitizers,and modems,except to answer questions regarding how standard,supported devices interface with Software. e.Exception~to PSS.The followingare not covered by PSS: i)Any problem resulting from Licensee's misuse,improper use,unauthorized modification,or damage ofthe Software or Licensee's combining or merging the Software with any hardware or software not supplied or identified as compatible by Esri; ii)Any problem resulting from third party hardware or software; iii)Errors in any version ofthe Software other than the officiallysupported version of Software;and iv)Any on-site support or implementation services on-site or otherwise,including,but not limited to,those provided by Esri Professional Services or any third party. ARTICLE 10 CONSULTING SERVICES SUPPORT TERMS AND CONDITIONS 10.1 Consulting Services Support.Should Licensee choose to use Learning and Services Credits for consulting services support,the terms of this Article 10 shall also apply. E125-ELA Page 7 of 10 04/04/2011 267 10.2 Patents and Inventions a.Each party shall retain title to any inventions,innovations,and improvements ("Inventions")made or conceived solely by its principals,employees,consultants,or independent contractors (hereinafter called "Inventors")during the term of this Addendum.The parties shall jointlyown any Invention(s)made or conceived jointly by Inventors from both parnes. With respect to such Inventions ofLicensee relating to the Software,Licensee hereby gmnts and agrees to grant to Esri an irrevocable,royalty-free,nonexclusive,worldwide right and license,with right to sublicense,use,make,sell,offer to sell,or import such Inventions for any purpose,whether or not patented in the country of such past or intended use. b.Except as provided in the next paragmph,where an Invention is jointly owned,each party shall share equally the costs of acquiring protection for the Invention and furnish the other joint owner with assistance reasonably required for acquiring protection. c.Ajoint owner ("Assigning Owner")electing not to acquire or maintain protection on any Inventions in any country or countries shall assign such its rights in such Inventions to the other joint owner ("Beneficial Owner")as is necessary to enable the Beneficial Owner to protect such Inventions in such country or countries at its expense and for its exclusive benefit.In such event,the Assigning Owner shall make available to the Beneficial Owner the Assigning Owner's Inventors and shall otherwise cooperate with the Beneficial Owner in order to assist the Beneficial Owner in protecting such Inventions.The Beneficial Owner shall reimburse the Assigning Owner for all reasonable out-of-pocket expenses incurred in rendering such assistance.Ifany such Inventions are so protected by the Beneficial Owner,then the Assigning Owner shall have a license with respect to the subject matter of such protected Inventions in such country or countries. d.Neither party may license,transfer,sell,or otherwise alienate or encumber its interest injointly owned Inventions without the written consent ofthe other party,which is hereby given to Esri for Inventions relating to the Software and shall otherwise not be unreasonably withheld by either party. 10.3 Ownership.Except as specifically granted in this EAP ELAAddendum,Esri or its licensors own and retain all right, title,and interest in the Work Product. ARTICLE 11 TRAININGTERMS AND CONDITIONS 11.1 Training.Should Licensee choose to use Learning and Services Credits for training or coaching services,the terms of this Article 11 shall also apply. 11.2 Training Location.Training may be conducted at Licensee's site,at an Esri Learning Center or via the Web. 11.3 Course Descriptions.The Esri Software training courses to be conducted,their location,the dates during which the courses are to be conducted,the number ofparncipants,and registration requirements are set fordiin the E~ri Training catalog located on the Esri training website h://trainin .esri.corn .Allcourses shall be conducted in substantial conformity with the course descriptions outlined on the Esri training website.Esri reserves the right to modify course content when necessary due to Software technical capabilities or limitations.Licensee may utilize coaching services immediately before or immediately followingan Esri training course to familiarize Licensee's student withthe software or to review and practice course concepts with an instructor's guidance. 11.4 Esri's Responsibilities a.Esri shall provide an instructor qualified to conduct the course(s)as well as all necessary training materials sufficient for the number of registered parncipants (hereinafter "Students")on scheduled dates.Esri willprovide each student with a course manual,where applicable. b.Esri willconfirm Learning Center training event scheduled dates approximately ten (10)business days prior to the training event start date. c.Esri willconfirm Licensee Site training events upon receipt ofcompleted Client Site Training Request Form and intended payment method. 11.5 Licensee's Responsibilities a.Licensee must ensure the protection ofEsri's copyrights.Licensee shall not copy or distribute,or permit a third party to copy or distribute,any of Esri's training material(s). b.Licensee is not authorized to resell seats to an Esri training event unless explicitly authorized in writingby Esri. E125-ELA Page 8 of 10 04/04/2011 268 C. d. e. f. h. i. k. Licensee must ensure that all Students have received confirmation fromEsri to participate in an Esri training event.An unregistered Student is not permitted to view or participate in a Virtual Classroom training event.Esri reserves the right to disconnect any Student who permits access to unregistered Students. Licensee must confirm that all registered Students meet the applicable minimum prerequisites for the applicable training event set forth on Esri's training website. Licensee must submit registration with a confirmed payment commitment at least seven (7)business days before the training event start date.IfLicensee submits a registration without a confirmed payment,Esri willnot confirm the seat reservation.The reservation willbe added to the waiting list pending payment confirmation and subject to availability. US government export control laws and regulations prohibit US persons from engaging in transactions with certain denied persons found on various US Government Denied Persons lists (e.g.,US Department of the Treasury's Specially Designated Nationals List,US Commerce Department's Denied Persons/Entity List).To meet these export requirements, Licensee must submit to the Esri Training Event Assistant a list ofthe names of Students who are to attend any training event.Licensee must submit the list of Student names to Esri at least three (3)business days before the training event start date.Any Student whose name is found on any ofthe various US Government Denied Persons lists willnot be permitted to attend training. Licensee is responsible for all Student travel arrangements.Esri assumes no responsibility for losses from nonrefundable travel arrangements resulting from denial of a Student's participation due to US government export licensing requirements,course scheduling changes,or cancellations. or Student substitution requirements and receive confirmation of such change(s)prior to the training event start date. Students may not use audio or video recording equipment withinthe classroom without prior written approval from Esri. Esri reserves the right to record a classroom training event for future rebroadcast. Licensee is responsible to ensure that itadheres to the course,facility,and equipment,as well as Internet bandwidth and connectivity requirements for Esri Training as found at h://trainin .esri.corn/atewa /index.cfm?fa=trainin 0 tions.atewa . Where the Esri Mobile Lab equipment is utilized at Licensee's domestic site,the followingterms apply: Upon receipt,Licensee must immediately report any damage to the Mobile Lab equipment to the Training Event Assistant. Licensee must keep the Mobile Lab equipment in a secure,locked area between training event sessions. Licensee must ensure that only registered Students use the Mobile Lab equipment. Licensee is responsible for any and all loss of,damage to,or theft of the Mobile Lab equipment while in Licensee's possession. Licensee warrants that it maintains sufficient insurance coverage to enable it to meet its obligations created by this Addendum and by law. The Esri instructor willcheck all Mobile Lab equipment followingthe completion of training.Any damage to the Mobile Lab equipment due to Student use,excluding normal wear and tear,willbe brought to the attention ofLicensee by written notice.Licensee hereby agrees to be financially responsible for any repair or replacement of equipment resulting from such damage. Licensee shall make the Mobile Lab equipment available for freight pickup immediately upon conclusion ofthe Esri training event. 11.6 Cancellation and Rescheduling Policy Individual Student Seats When a Student's place in a training event is filledby another person from the same organization,a Student substitution is allowed at no cost provided Esri's Customer Service is notified three (3)business days in advance of the training event start date.Should a Student substitution occur without three (3)business days'otification,an additional,nonrefundable transfer and data processing fee may be assessed. A Student may transfer from one (I)scheduled Esri Learning Center training event to another one (I)time at no additional charge provided Esri's Customer Service is notified three (3)business days in advance ofthe training event start date.Subsequent transfers or transfers that occur without three (3)business days'otification may incur a transfer fee. Students may cancel their enrollment in a training event provided Esri's Customer Service is notified three (3)business days in advance.Ifthree (3)business days'otification is not provided,Student may be charged the full Student Seat fee. E125-ELA Page 9 of 10 04/04/2011 269 Client Site/Private Class/Coaching Services (Training Event) When a Student's place in a training event is filledby another person from the same organization,a Student substitution is allowed at no cost provided Esri's Customer Service is notified three (3)business days in advance of the training event start date. Atraining event may be rescheduled by the Licensee provided Esri's Customer Service is notified three (3)business days in advance ofthe training event start date.Ifappropriate notice of rescheduling is provided,Licensee is responsible for reasonable travel expenses and shipping costs. Atraining event may be canceled by the Licensee provided Esri's Customer Service is notified three (3)business days in advance of the training event start date.Ifappropriate notice of cancellation is provided,Licensee is responsible for any reasonable travel expenses and shipping costs.Ifa training event is canceled without appropriate notice,Licensee is responsible for the fulltraining event fee. Ifcancellation ofa training event is necessary due to Force Majeure,the affected party is released in fullfrom the three (3)-business-day notification.The affected party willeither reschedule the training or cancel the order without that affected party incurring any liability, IfEsri is unable to conduct the training on the scheduled date,Esri willnotify Licensee at least three (3)business days before the scheduled date. ARTICLE 12 GENERAL PROVISIONS 12.1 Intellectual Property Rights Attribution.Licensee shall retain any copyright,patent,or trademark notices on all items licensed under this EAP ELAAddendum and shall take other necessary steps to protect Esri's or its licensor's intellectual property rights. 12.2 Nonsolicitation of Contractor Personnel.Licensee shall not solicit for hire any Esri employee who is associated with efforts called for under this EAP ELAAddendum during the term and for a period ofone (I)year thereafter.In the event the foregoing provision is breached,Licensee shall pay Esri liquidated damages for recruiting and training costs equal to twelve (12)months ofthe employee's compensation plus any legal expenses associated with the enforcement of this provision. 12.3 Export Control Regulations.Licensee expressly acknowledges and agrees that Licensee shall not export,reexport, transfer,or release Software,Data,Web Services,or Documentation,in whole or in part,to (i)any US embargoed country (or to a national or resident of any US embargoed country);(ii)any person on the US Treasury Department's list of Specially Designated Nationals;(iii)any person or entity on the US Commerce Department's Denied Persons List,Entity List,or Unverified List;or (iv)any person or entity where such export or reexport violates any US export control laws or regulations including,but not limited to,the terms of any export license or license exemption and any amendments and supplemental additions to US export laws as they may occur from time to time. E125-ELA Page 10 of 10 04/04/2011 270 TRAININGTERMS AND CONDITIONS Esri,380 New York St.,Redlands,CA 92373-8100 USA ~TEL 909-793-2853 ~FAX909-793-5953 This Training Agreement ("Agreement")is between you (hereinafter "Client")and Environmental Systems Research Institute,Inc.("Esri").Client acknowledges that Client has read and understood this Agreement and agrees to be bound by the terms and conditions hereof. RECITALS Client wishes to arrange for certain training inthe use ofGIS software.Esri is willingto conduct training courses and provide related services regarding the use ofGIS software pursuant to the terms and conditions contained herein.The parnes therefore agree as follows: ARTICLE I—TRAININGDESCRIPTION Esri offers a set ofinstructor-led training and client coaching services related to the use of its proprietary GIS software. Instructor-led training events occur at a client's site,at an Esri Learning Center,or via the web in a cloud environment.The Esri software training courses offered,their location,the dates during which the courses are to be conducted,the number of participants,the prices to be paid,and registration requirements are set fordi in the E1 ri Training catalog located on Esri's Training website (h://trainin .esri.corn).Allcourses are conducted in substantial conformity with course descriptions outlined on the Esri Training website.Esri reserves the right to modify course content when necessary due to software technical capabilities or limitations.Client coaching services may be provided immediately before or immediately following an Esri training course to familiarize the Student withthe software or to review and practice course concepts withan instructor's guidance. ARTICLE 2—ESRI'S RESPONSIBILITIES Esri willprovide an instructor qualified to conduct the course(s)as well as all necessary training materials sufficient for the number of registered parncipants (hereinafter "Student(s)")on the scheduled dates.Esri willprovide each Student with a course manual,where applicable. Esri willconfirm Learning Center training event scheduled dates approximately ten (10)business days prior to the training event start date. Esri willconfirm Client Site scheduled dates upon receipt of the completed Client Site Training Request Form and intended payment method. ARTICLE 3—CLIENT'S RESPONSIBILITIES Client must ensure the protection of Esri's copyrights.Client shall neither copy or distribute nor permit a third party to copy or distribute any ofEsri's training material(s). Client is not authorized to resell seat(s)to an Esri training event,unless explicitly authorized in writing by Esri. Client must ensure that all Students have received confirmation from Esri to participate in an Esri training event. Unregistered Students are not permitted to view or parncipate in an Online Classroom training event.Esri reserves the right to disconnect any Students who permit access to unregistered Students. Client must confirm that all registered Students meet the minimum prerequisites for the applicable training event set forth on Esri's Training website. Client must submit registrations witha confirmed payment commitment at least seven (7)business days before the training event start date.IfClient submits a registration without a confirmed payment,Esri willnot confirm the seat reservation.The reservation willbe added to the waiting list pending payment confirmation and subject to availability. US government export control laws and regulations prohibit US persons from engaging in transactions with certain denied persons found on various US Government Denied Persons lists (e.g.,US Department of the Treasury's Specially Designated Nationals List,US Commerce Department's Denied Persons/Entity List,etc.).To meet these export requirements,Client must submit to the Esri Training Event Assistant a list ofthe names of Students that are to attend any training event.Client must submit the list of Student names to Esri at least three (3)business days before the training event start date.Any Student that is found on any ofthe various US Government Denied Persons lists willnot be permitted to attend training. E207CW Page 1 of5 07/11/2011 271 Client is responsible for all Student travel arrangements.Esri assumes no responsibility for losses from nonrefundable travel arrangements resulting from denial of a Student's participation due to US government export regulation requirements,course scheduling changes,or cancellations. rescheduling,or Student substitution requirements and receive confirmation of these change(s)prior to the training event start date. Client must complete and submit an Esri Client Site Training Request Form as well as ensure that it adheres to the course,facility,equipment,and Internet bandwidth and connectivity requirements for Esri Training as found at h://trainin .esri.corn/atewa /index.cfm?fa=trainin 0 tions.atewa . Students may not use audio and/or video recording equipment withinthe classroom without prior written approval from Esri.Esri reserves the right to record a classroom training event for future rebroadcast. Ifthe Esri Mobile Lab equipment is utilized at Client's domestic site,then the followingterms willapply: Upon receipt,Client must immediately report any damage to the Mobile Lab equipment to the Training Event Assistant. Client must keep the Mobile Lab equipment in a secure,locked area between training event sessions. Client must ensure that only registered Students use the Mobile Lab equipment. Client is responsible for any and all loss of,damage to,or theft ofthe Mobile Lab equipment while in Client's possession. Client warrants that it maintains sufficient insurance coverage to enable it to meet its obligations created by this Agreement and by law. The Esri instructor willcheck all Mobile Lab equipment followingthe completion of training.Any damage to the Mobile Lab equipment due to Student use,excluding normal wear and tear,willbe brought to the attention of Client by written notice.Client hereby agrees to be financially responsible forany repair or replacement of equipment resulting from such damage. Client shall make the Mobile Lab equipment available for freight pickup immediately on conclusion ofthe Esri course(s). ARTICLE 4—INSURANCE AND INDEMNIFICATION 4.1 Insurance.Esri carries,at a minimum,the followingcoverage: a.Comprehensive general liabilityor commercial general liabilitywith minimum coverage ofone milliondollars ($1,000,000.00)combined single limitper occurrence forbodily injury,including death,and property damage liability,to include the following: I,Premises and operations 2.Blanket contractual liability 3,Broad form property damage 4.Independent contractors 5.Personal injury,with employee exclusion deleted 6.Completed operations b.Workers'ompensation insurance,with waiver of subrogation,in an amount that complies with statutory limits. 4.2 Indemnification.Esri willindemnify and hold harmless Client and each of its directors and officers (collectively the "Indemnified Parhes")from and against any and all damages,losses,liabilities,claims,judgments,and settlements,including all reasonable costs,expenses,and attorneys fees,arising out of any action or claim for bodily injury,death,or property damage brought against any ofthe Indemnified Parties to the extent arising from any negligent act or omission or willful misconduct by Esri or its directors,officers,employees,or agents while engaged in or as a result ofthe training or coaching services provided by Esri pursuant to this Agreement while on Client's site. E207CW Page 2 of5 07/11/2011 272 ARTICLE 5—UNIQUE CLIENTCOACHINGPRIVACY TERMS In the event Client coaching services are to be ordered,the followingterms shall apply: Client shall not provide to Esri or disclose to the instructor any personally identified information ("PII")(e.g.,GLBA, HIPAA,CII from the US Deparnnent ofHomeland Security),classified,and so forth,data for use in the coaching session.Notwithstanding anything in this Agreement to the contrary,Esri retains the right to refuse acceptance of any nonpublic personal information ("NPI")or Customer Information regardless of the form of disclosure.Esri willonly accept receipt ofinformation from Client that comports withthe exceptions set forth in Subsections 4(B)and 4(C)(ii)of Section 509 ofthe Gramm-Leach-Bliley Act (P.L.106-102)(15 U.S.C.Section 6809)and implementing regulations thereof. ARTICLE 6—SOFTWARE LICENSES The terms ofthe Esri license agreement are applicable to all Students and cover all ofEsri's software,data,and documentation licensed for use in any training course to be conducted.Esri may issue temporary software licenses for Client Site Training where there are an insufficient number of software licenses available at the Client's training facility.Upon conclusion ofthe training course or event,the Client must uninstall the temporary software licenses and return to Esri any media provided. ARTICLE 7—CANCELLATIONAND RESCHEDULING POLICY 7.1 Individual Student Seats When a Student's place in a training event is filledby another person from the same organization,a Student substitution is allowed at no cost provided Esri's Customer Service department is notified three (3)business days in advance of the training event start date.Should a Student substitution occur without three (3)business days'otification,a transfer fee may be assessed. A Student may transfer from one (I)scheduled Esri Learning Center training event to another one (I)time at no additional charge provided Esri's Customer Service department is notified three (3)business days in advance of the training event start date.Subsequent transfers or transfers that occur without three (3)business days'otification may incur a transfer fee. Students may cancel their enrollment in a training event provided Esri's Customer Service deparnnent is notified three (3)business days in advance.Ifthree (3)business days'otification is not provided,Students may be charged the full class fee. 7.2 Client Site/Private Class/Coaching Services (Training Event) When a Student's place in a training event is filledby another person from the same organization,a Student substitution is allowed at no cost provided Esri's Customer Service department is notified three (3)business days in advance ofthe training event start date.Should a Student substitution occur without notification three (3)business days in advance,a transfer fee may be assessed. Atraining event may be rescheduled by the client,provided Esri's Customer Service department is notified three (3)business days in advance of the training event start date.Ifappropriate notice of reschedule is provided, Client is responsible for Esri's reasonable travel expenses and shipping costs incurred. Atraining event may be canceled by the client provided Esri's Customer Service department is notified three (3)business days in advance of the training event start date.Ifappropriate notice of cancellation is provided, Client is responsible for any reasonable travel expenses and shipping costs.Ifa training event is canceled without appropriate notice,client is responsible for the fulltraining event fee. 7.3 Ifcancellation ofa training event is necessary due to Force Majeure as described in Article 11 below,the affected party is released in fullfrom the three (3)-business day notification.The affected party willeither reschedule the training or cancel the order without that affected party incurring any liability. 7.4 IfEsri is unable to conduct the training on the scheduled date,Esri willnotify Client at least three (3)business days before the scheduled date. E207CW Page 3 of5 07/11/2011 273 ARTICLE 8—PAYMENT Accepted payment methods are found at h://trainin .esri.corn/atewa /index.cfm?fa=catalo .a mentdetails. Ifpayment is made in the form of a purchase order,Esri shall invoice Client upon completion ofeach training course or immediately upon receipt ofpurchase order,as mutually agreed upon with the Client.Client shall make payment no later than thirty (30)days after receipt of invoice. IfClient is invoiced and pays that invoice prior to the scheduled training event,then Client has one (I)calendar year (twelve [12]consecutive months)from the date of the invoice to consume the training days.For a multiyear order,the training days must be consumed by the end date specified on the Esri quotation.Thereafter,all prepaid fees are forfeited. ARTICLE 9—CONFIDENTIALINFORMATION Except as provided in Article 5,Unique Client Coaching Privacy Terms,Esri or Client may disclose to the other party certain confidential information under this Agreement.The disclosing party shall identify the information as confidential information at the time ofdisclosure.Each party shall use the confidential information described above only for exchanging information needed to provide the training contemplated by this Agreement.Within fourteen (14)days ofcompletion ofthe training,each party shall return or destroy and provide written notification of destruction ofthe confidential information of the other party. ARTICLE 10—RESERVATION OF OWNERSHIP AND GRANT OF LICENSE Except as specifically granted in this Agreement,Esri and/or its licensors own and retain all right,title,and interest in software,data,documentation,and training materials. ARTICLE 11—FORCE MAJEURE Ifthe performance ofany obligation under this Agreement is prevented,restricted,or interfered withby reason offire,flood, earfliquake,explosion,or other casualty or accident;strikes or labor disputes;inabilityto procure or obtain delivery ofparts, supplies,or power;war,threat of or actual terrorist act,cyberattack,or other violence;any law,order,proclamation, regulation,ordinance,demand,or any act or condition whatsoever beyond the reasonable control of the affected party,the party so affected,upon giving prompt notice to the other party,willbe provided a temporary extension for a period oftime as may be reasonably necessary to allow for such delay,prevention,interference,or restriction. ARTICLE 12—WARRANTY Esri willprovide training in a manner consistent withthe technical and professional standards ofthe industry. 12.1 Disclaimer of Warranties.WITH THE EXCEPTION OF THE LIMITEDWARRANTYSET FORTH INTHIS ARTICLE,ESRI DISCLAIMS,AND THIS AGREEMENT EXPRESSLY EXCLUDES,ALLOTHER WARRANTIES, EXPRESS OR IMPLIED,ORAL OR WRITTEN,INCLUDING,WITHOUTLIMITATION,ANYAND ALL WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULARPURPOSE,NONINTERFERENCE,AND NONINFRINGEMENT,AS WELL AS ANYWARRANTIESTHAT THE DELIVERABLESARE ERROR FREE. ARTICLE 13—LIMITATIONOF LIABILITYANDEXCLUSIVEREMEDY EXCEPT FOR INDEMNITYASSOCIATED WITH CLIENT SITE TRAINING,INNO EVENT SHALLESRI BE LIABLETO CLIENTFOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR TRAINING;LOST PROFITS; LOST SALES;BUSINESS EXPENDITURES;INVESTMENTS;BUSINESS COMMITMENTS;LOSS OF ANY GOODWILL;OR ANYINDIRECT,SPECIAL,EXEMPLARY,CONSEQUENTIAL,OR INCIDENTALDAMAGES ARISING OUT OF,OR RELATED TO,THIS AGREEMENT,HOWEVER CAUSED OR UNDER ANYTHEORY OF LIABILITY,EVEN IF ESRI HAS BEEN ADVISEDOF THE POSSIBILITYOF SUCH DAMAGES.ESRI'S TOTAL CUMULATIVELIABILITYHEREUNDER,FROM ALLCAUSES OF ACTIONOF ANYKIND,SHALLINNO EVENT EXCEED THE AMOUNTACTUALLYPAID BY THE CLIENTFOR THE PORTION OF THE TRAININGUNDER THIS AGREEMENT.THESE LIMITATIONSSHALLAPPLY NOTWITHSTANDINGANYFAILURE OF ESSENTIAL PURPOSE OF ANYLIMITEDREMEDY. E207CW Page 4 of5 07/11/2011 274 ARTICLE 14—EXPORT CONTROL REGULATIONS Esri technology is subject to US export control laws and regulations.Esri software,data,documentation,training materials, and any underlying information or technology may not be exported,reexported,or transferred in whole or in part to (i)any US embargoed or sanctioned country (including to a national or resident ofa US embargoed or sanctioned country,currently including Cuba,Iran,North Korea,Sudan,and Syria);(ii)any person on the US Department of the Treasury's list of Specially Designated Nationals;(iii)any person or entity on the US Commerce Department's Denied Persons List,Entity List,or Unverified List;or (iv)any person or entity where such export or reexport violates any US export control law or regulation. ARTICLE 15—TAXES Training provided is quoted exclusive of all state,local,value-added,or other taxes;customs;or duties or other charges (other than income taxes payable by Esri).In the event such taxes or charges become applicable to Esri's training or deliveiables,Client shall pay any such applicable tax upon receipt ofwritten notice that such taxes or charges are due. ARTICLE 16—UCC INAPPLICABILITY Training provided under this Agreement willnot be governed by the Uniform Commercial Code (UCC)and willnot be deemed "goods"withinthe definition of the UCC. ARTICLE 17—GOVERNING LAW This Agreement is governed by and construed in accordance withthe laws of the state in which training is being held or,in the case of training provided over the Internet,the laws of the State of California,without reference to its conflict oflaws principles. ARTICLE 18—ENTIRE AGREEMENT This Agreement constitutes the sole and entire agreement ofthe parhes as to the subject matter set forth herein and supersedes any previous agreements,understandings,and arrangements (including any attached purchase order terms and conditions)between the parties relating to such subject matter.Client hereby acknowledges and represents that he/she has read and understands this Agreement and has the authority to bind his/her organization to these terms and conditions. E207CW Page 5 of5 07/11/2011 275 CUSTOM SOFTWARE,TECHNICALDATA,AND ASSISTANCE LICENSE ADDENDUM (E600 12/02/2011) Esri,380 New York St.,Redlands,CA 92373-8100 USA ~TEL 909-793-2853 ~FAX909-793-5953 ARTICLE 1—DEFINITIONS Allwords,phrases,or terms defined in other parts ofthis Agreement shall have the same meaning in this Addendum.The followingadditional words,phrases,or terms shall have the followingmeaning: i."Commercial Off-the-Shelf Software"or "COTS Software"means all or any portion ofEsri's proprietary software technology accessed or downloaded from an authorized Esri website or delivered on any media in any format,including backups,updates,service packs,patches,hot fixes,or permitted merged copies,available under license to the general public. ii."Custom Software"means all or any portion ofthe computer software code,components,dynamic link libraries (DLLs), and programs delivered on any media provided in source,object,or executable code format(s),inclusive ofbackups, updates,or merged copies permitted hereunder or subsequently supplied under any Task Order,exclusive of Commercial Off-the-Shelf Software,or COTS Software. iii."Deliverables"means Custom Software or Technical Data specified for delivery or use by Licensee under a firmfixed price Task Order. iv."Map Data"means any digital dataset(s)including geographic,vector data coordinates,raster,or associated tabular attributes supplied by either party foruse in the performance ofany Task Order,which must be separately licensed from the vendor. v."Services"means consulting support being performed by Esri on a time and materials hourly basis in exchange for compensation from the Licensee. vi."Services Output"means any tangible output produced as a result ofthe Services provided by Esri under this Addendum. Services Output can include,but is not limited to,reports,training materials,and Custom Software. vii."Task Order"means an order forprofessional services issued under this Addendum in substantially the same format as the sample task order form attached as Attachment A. viii."Technical Data"means,without limitation,all technical materials including formula,compilations,software code or programs,methods,techniques,know-how,technical assistance,processes,algorithms,designs,data dictionaries and models,schematics,user documentation,training documentation,specifications,drawings,flowcharts,briefings,test or quality control procedures,or other similar information supplied or disclosed by Esri under any Task Order.Technical Data does not include COTS Software,COTS data,or COTS documentation,which must be separately licensed by Licensee under Esri's commercial Software license,or Map Data. ARTICLE 2—TASK ORDERS AND PROJECT SCHEDULE Esri shall provide Deliverables and/or Services as specified in a specific Task Order relating to the COTS Software identified in the Task Order. Unless otherwise provided by Esri in writing,Esri's Contracts Manager for the Professional Services Division, ,is authorized to agree to Task Orders.Licensee shall provide advanced written notification of the name and title of the representative authorized to sign Task Orders and bind Licensee.Each party may enter into Task Orders at its sole discretion and shall not have any obligation under a Task Order until it is signed by both parties. Each party shall identify in writing the project manager who is responsible for the Services or Deliverables specified in Task Orders.By written notice,either party may replace the project manager at any time with a similarly qualified person. The period ofperformance ofeach Task Order shall be specified in each Task Order. ARTICLE 3—RESERVATION OF OWNERSHIP AND GRANT OF LICENSE Except as specifically granted in this Article 3,Esri or its licensors own and retain all right,title,and interest in the Deliverables and Services Output.This Addendum does not transfer ownership rights ofany description in the Deliverables or Services Output to Licensee or any third party.Subject to the terms and conditions set forth in this Addendum and effective upon the transfer,by any means,ofthe Deliverables or Services Output to the Licensee,Esri hereby grants to E600 Esri Agreement No. Page 1 of 10 12/02/2011 276 Licensee a nonexclusive,worldwide license in the Deliverables or Services Output to use,modify,and reproduce the Deliverables or Services Output in connection with Licensee's authorized use of COTS Software.The license grant in the immediately preceding sentence does not apply to Map Data,which Licensee must separately and directly license from the vendor. Licensee shall retain any patent,copyright,or trademark or proprietary notices on all items licensed under this Addendum and shall take other necessary steps to protect Esri's or its licensor's intellectual property rights. ARTICLE 4—PATENTS AND INVENTIONS During the performance of Task Orders,the parhes anticipate that inventions,innovations,and improvements (alnventions") relating to the subject matter of such Task Orders may be conceived solely or jointlyby principals,employees,consultants,or independent contractors (hereinafter called "Inventors")ofthe parhes hereto. The parhes agree that,as ofthe effective date of this Agreement,Esri or its licensors own all intellectual property rights in the COTS Software.During the term of this Agreement,Licensee shall promptly notify Esri ifLicensee becomes aware of any known or suspected infringement or violation ofthese rights. Each party shall retain title to any Inventions made or conceived solely by its Inventors during the term of this Addendum, including,but not limited to,such Inventions that Esri's Inventors solely make or conceive while providing technical assistance pursuant to this Addendum.The parhes shall jointly own any Inventions made or conceived jointlyby Inventors from both parhes. Where only one party has title to an Invention,that party,at its sole discretion,shall have the right,but not the obligation,at its expense to (i)decide on whether or not to seek or maintain,or to continue to seek or maintain,patent protection in any country on such Invention;(ii)decide the extent and scope of such protection;and (iii)protect and enforce in any country any patents issued on such Invention. Except as provided in the next paragraph,where an Invention is jointly owned,each party shall share equally the costs of acquiring protection for the Invention and furnish the other joint owner with assistance reasonably required for acquiring protection. The acquisition or maintenance of protection shall not be abandoned by a joint owner (the "Assigning Owner")without giving the other joint owner (the "Beneficial Owner")an opportunity to intervene and acquire or maintain protection at the Beneficial Owner's expense.The Assigning Owner electing not to acquire or maintain protection on any Inventions in any country or countries shall assign such ofits rights in such Inventions to the Beneficial Owner as is necessary to enable the Beneficial Owner to protect such Inventions in such country or countries at its expense and for its exclusive benefit.In such event,the Assigning Owner shall make available to the Beneficial Owner the Assigning Owner's Inventors and shall otherwise cooperate withthe Beneficial Owner in order to assist the Beneficial Owner in protecting such Inventions.The Beneficial Owner shall reimburse the Assigning Owner for all reasonable out-of-pocket expenses incurred in rendering such assistance.Ifany such Inventions are so protected by the Beneficial Owner,then the Assigning Owner shall have a license with respect to the subject matter of such protected Inventions in such country or countries. AllInventions made by Inventors during performance of tasks and activities defined by Task Orders during the term of this Addendum willbe presumed,absent clear and convincing evidence to the contrary,to have resulted from the Inventors'ctivitiesundertheTaskOrders. Neither party may license,transfer,sell,or otherwise alienate or encumber its interest injointly owned Inventions without the written consent ofthe other party,which shall not be unreasonably withheld by either party.However,either party may transfer such Inventions to its Affiliates for their internal use only."Affiliate"shall mean the parent or subsidiary companies of a party or subsidiary companies to a party's parent provided there is more than fiftypercent (50%)ownership of the subsidiary by the parent or party. E600 Esri Agreement No. Page 2 of 10 12/02/2011 277 ARTICLE 5—CONFIDENTIALITYOF DELIVERABLESAND SERVICES OUTPUT Unless otherwise agreed in writing,the Deliverables and Services Output are Esri confidential information,and Licensee shall preserve and protect the confidentiality of said Deliverables and Services Output to the extent permitted by law.Insofar as its rights may be legally restricted,Licensee agrees not to reverse engineer or decompile Deliverables or Services Output delivered only in object code,executable code,or formats subject to similar or greater means of access control (collectively, "Secure Formats").For Deliverables or Services Output delivered in source code or other human-readable formats,Licensee shall have met its obligations under this Arncle ifits disclosure ofDeliverables or Services Output is limited to Deliverables or Services Output in Secure Formats,provided that the means for reverse engineering,decompiling,or disassembling such Deliverables or Services Output is withheld from such disclosure,and the person or entity in receipt of such Deliverables or Services Output similarly agrees not to perform such acts or allow others to do so. Except as provided in the preceding paragraph,Licensee shall not disclose any Deliverables or Services Output to employees or third parnes without the advanced written consent ofEsri.However,Licensee may,without such consent,make such disclosures to employees as are reasonably required forthe Licensee's authorized use ofthe COTS Software,provided that such disclosure is strictly limited to the pornons of the Deliverables or Services Output needed for that purpose.The disclosures permitted under this paragraph shall not relieve Licensee of its obligation to maintain the Deliverables or Services Output in confidence and comply with all applicable laws and regulations of the United States. Licensee shall not have any obligation to protect any part ofa Deliverable or Services Output that it can prove (i)was in Licensee's possession before receipt from Esri;(ii)is or becomes a matter ofpublic knowledge through no fault ofLicensee; (iii)is rightfullydisclosed by a third party without a duty ofconfidentiality;(iv)is disclosed by Esri to a third party without a duty of confidentiality;(v)is independently developed by Licensee;or (vi)is required to be disclosed by operation of law. ARTICLE 6—ACCEPTANCE A.For Time and Materials Task Orders.Services are provided strictly on a time and materials basis subject to the task order not-to-exceed funding limit.The Services delivered willbe deemed accepted and in compliance withthe professional and technical standards ofthe software industry unless Esri is notified otherwise by Licensee within ten (10)days after delivery. B.For Firm Fixed Price Task Orders.Deliverables for fixed price Task Orders shall be categorized as follows: i."DELIVERABLEACCEPTED"means a Deliverable conforming to applicable Task Order(s)with no more than minor nonconformities.Licensee shall complete its acceptance review withinten (10)working days of receiving each Deliverable. ii."DELIVERABLEACCEPTED WITHREWORK"means a deliverable substantially conforming to applicable Task Order(s),but having a significant number of identified nonconformities and accepted subject to rework by Esri.Esri shall rework the Deliverable for the identified nonconformities and resubmit it within thirty (30)days.Licensee will rerun its acceptance review for the nonconformities detected in the initial review within ten (10)working days of such resubmission and willreclassify the deliverable as either DELIVERABLEACCEPTED or DELIVERABLE REJECTED. iii."DELIVERABLEREJECTED"means a Deliverable that fails to substantially conform to applicable Task Order(s). Esri shall rework the Deliverable and resubmit it to Licensee withinthirty (30)days,at which time Licensee shall have ten (10)working days to rerun its acceptance review and reclassify the deliverable as either DELIVERABLE ACCEPTED or DELIVERABLEREJECTED. Licensee agrees it shall not use any Deliverable in its business operations before acceptance as described in B.i.or B.ii.If Esri does not receive within ten (10)working days after delivery written notice that the Deliverable is "ACCEPTED WITH REWORK"or "REJECTED"in accordance with B.ii.or B.iii.,or ifLicensee uses the Deliverable in its business operations, the Deliverable shall be deemed,as of the first to occur of either of these events,to have been accepted. ARTICLE 7—CHANGES TO SCOPE OF WORK Licensee may,at any time,request changes withinthe general scope of an open Task Order.Ifthe parnes agree to such changes and such changes cause an increase or decrease in the cost or time required to provide a Deliverable under any Task E600 Esri Agreement No. Page 3 of 10 12/02/2011 278 Order (regardless of whether the Deliverable itself is changed),an equitable adjustment in the price or schedule,or both,shall be made,and the Task Order shall be modified accordingly in writing and signed by both parnes. ARTICLE 8—COMPENSATION;INVOICES A.For Time and Materials Task Orders.Esri shall prepare and submit to Licensee written monthly invoices showing the compensation due for work performed,including travel time,under Task Orders to the Licensee address listed on the Task Order.The amount invoiced willbe equal to the number ofhours expended during the previous month multiplied by the rates for labor categories set forth in Attachment B,plus other burdened direct costs (ODCs),such as travel- related expenses.Meals and incidental expenses willbe invoiced on a "per diem"basis in accordance with the limits stated in the most current Federal Travel Regulations. Esri may reallocate the budget between activities,labor categories,and ODCs as necessary to facilitate the work effort, provided the overall price is not exceeded.Inthe event Esri reaches the funded not-to-exceed Task Order value and the activities are not completed,Licensee may increase the order funding to allow additional work to be performed,or Esri may stop work without further obligation or liability. B.For Firm Fixed Price Task Orders.Unless otherwise specified in a Task Order,Esri shall prepare and submit monthly invoices based on the percent complete for each Deliverable as of the end ofthe preceding month.Upon acceptance of all Deliverables under a Task Order,the unpaid balance of the total Task Order value is due. C.Payment.Licensee shall pay each invoice no later than thirty (30)days after receipt thereof.Payment shall be made to the Esri address identified on original Esri invoices. ARTICLE 9—LIMITEDWARRANTYAND DISCLAIMEROF WARRANTIES A.For Time and Materials Task Orders i.Limited Warranty.Esri warrants that for a period of ninety (90)days from the date of acceptance that the Services willsubstantially conform to the professional and technical standards ofthe software industry.During the limited warranty period,Licensee may require Esri to reperform the Services,at no additional cost to the Licensee,which do not substantially conform to such standards.Services Output is provided "AS IS"without warranty of any kind. ii.Disclaimer of Warranties (a)WITHTHE EXCEPTION OF THE LIMITEDWARRANTYSET FORTH IN SECTION A.i.OF THIS ARTICLE 9,ESRI DISCLAIMS,AND THIS ADDENDUMEXPRESSLY EXCLUDES,ALLOTHER WARRANTIES,EXPRESS OR IMPLIED,ORAL OR WRITTEN,INCLUDING,WITHOUTLIMITATION, ANYAND ALLWARRANTIES OF MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE. B.For Firm Fixed Price Task Orders i.Limited Warranty.Esri warrants that for a period of ninety (90)days after acceptance ofa Deliverable that the unmodified Deliverable willsubstantially conform,in a manner consistent with the professional and technical standards ofthe software industry,withthe applicable written specifications that are included in,or delivered by Esri pursuant to,the corresponding Task Order. ii.Disclaimer of Warranties (a)WITHTHE EXCEPTION OF THE LIMITEDWARRANTYSET FORTH IN SECTION B.i.OF THIS ARTICLE 9,ESRI DISCLAIMS,AND THIS AGREEMENT EXPRESSLY EXCLUDES,ALLOTHER OBLIGATIONSTO CORRECT OR REPLACE DELIVERABLESAND OTHER WARRANTIES,EXPRESS OR IMPLIED,ORAL OR WRITTEN,INCLUDING,WITHOUTLIMITATION,(i)ANYWARRANTY THATDELIVERABLESARE ERROR-FREE,FAULT-TOLERANT,OR FAIL-SAFE;WILLOPERATE WITHOUTINTERRUPTION;ARE COMPATIBLEWITHALLEQUIPMENT AND SOFTWARE E600 Esri Agreement No. Page 4 of 10 12/02/2011 279 CONFIGURATIONS;OR THATALLNONCONFORMITIES CAN OR WILLBE CORRECTED;(ii)ANY WARRANTYTHATTHE DELIVERABLESARE DESIGNED,MANUFACTURED,OR INTENDED FOR USE IN ENVIRONMENTSOR APPLICATIONS THATMAYLEADTO DEATH,PERSONAL INJURY, OR PHYSICALPROPERTY DAMAGEOR ENVIRONMENTALDAMAGE(ANYSUCH USE BY LICENSEE SHALLBE AT LICENSEE'S OWN RISK AND COST);(iii)ANYANDALLWARRANTIES OF MERCHANTABILITY,FITNESS FOR APARTICULARPURPOSE,NONINTERFERENCE,SYSTEM INTEGRATION,ANDNONINFRINGEMENTOF INTELLECTUALPROPERTY RIGHTS. C.Map Data Disclaimer.ESRI DOES NOT WARRANTIN ANYWAYTHE MAP DATA,WHETHER SUPPLIED BY LICENSEE OR ESRI,OR THE VENDORS OF EITHER OF THEM.IF SUPPLIED BYESRI OR ITS VENDORS, ESRI BELIEVES SUCH MAP DATAIS RELIABLE,BUT IT MAYNOT BE FREE OF NONCONFORMITIES, DEFECTS,ERRORS,OR OMISSIONS;BE AVAILABLEWITHOUTINTERRUPTION;BE CORRECTED IF ERRORS ARE DISCOVERED;OR MEET LICENSEE'S NEEDS OR EXPECTATIONS.ESRI IS NOT INVITING RELIANCE ON MAP DATA,AND LICENSEE SHOULD ALWAYSVERIFYACTUALDATAFROM DOCUMENTS OF RECORD,FIELD MEASUREMENT,OR OBSERVATION. ARTICLE 10—LIMITATIONOF LIABILITY A.Disclaimer of Certain Types of Liability.ESRI AND ITS LICENSORS WILLNOT BE LIABLETO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOST PROFITS;LOST SALES; BUSINESS EXPENDITURES;INVESTMENTS;BUSINESS COMMITMENTS;LOSS OF ANY GOODWILL;OR ANYINDIRECT,SPECIAL,INCIDENTAL,OR CONSEQUENTIALDAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE DELIVERABLESOR SERVICES OUTPUT,HOWEVER CAUSED,ON ANYTHEORY OF LIABILITY,WHETHER OR NOT ESRI OR ITS LICENSORS HAVEBEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGE.THESE LIMITATIONSSHALLAPPLY NOTWITHSTANDINGANY FAILUREOF ESSENTIAL PURPOSE OF ANYLIMITEDREMEDY. B.General Limitation of Liability.INNO EVENT WILLESRI'S TOTAL CUMULATIVELIABILITYARISINGOUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE DELIVERABLESOR SERVICES OUTPUT,FROM ALLCAUSES OF ACTIONOF ANYKIND,INCLUDING,BUT NOT LIMITEDTO,CONTRACT,TORT (INCLUDINGNEGLIGENCE),STRICT LIABILITY,BREACH OF WARRANTY,MISREPRESENTATION,OR OTHERWISE,EXCEED THE AMOUNTSPAID TO ESRI BYLICENSEE FOR THE DELIVERABLESOR SERVICES OUTPUT FROM WHICHTHE LIABILITYDIRECTLYAROSE. C.Applicabilityof Disclaimers and Limitations.Licensee agrees that the limitations ofliabilityand disclaimers set forth in this Addendum willapply regardless ofwhether Licensee has accepted the Deliverables,or any other product or service delivered by Esri.The parties agree that Esri has set its prices and entered into this Addendum in reliance upon the disclaimers and limitations set forfltherein,that the same reflect an allocation ofrisk between the parties (including the risk that a contract remedy may fail of its essential purpose or cause consequential loss),and that the same form an essential basis ofthe bargain between the parhes. ARTICLE 11—EXPORT CONTROL REGULATIONS Licensee expressly acknowledges and agrees that Licensee shall not export,reexport,transfer,or release COTS Software, Services Output,or Deliverables in whole or in part,to (i)any US embargoed country (or to a national or resident of any US embargoed country);(ii)any person on the US Treasury Department's list of Specially Designated Nationals;(iii)any person or entity on the US Commerce Deparhnent's Table ofDenial Orders;or (iv)any person or entity where such export,reexport, or provision violates any US export control laws or regulations including,but not limited to,the terms ofany export license or licensing provision and any amendments and supplemental additions to US export laws as they may occur from time to time. ARTICLE 12—TERM AND TERMINATION A.Term.Unless terminated earlier pursuant to Sections B,C,or D of this Article,this Addendum shall terminate simultaneously with the Agreement. E600 Esri Agreement No. Page 5 of 10 12/02/2011 280 B.Termination for Convenience by Licensee.Licensee may terminate this Addendum or any Task Order at any time on thirty (30)days'ritten notice to Esri and upon payment to Esri of all amounts due to date pursuant to this Addendum, including reasonable termination expenses and the pro rata contract price for the Task Orders affected. C.Termination for Cause by Licensee.Licensee shall have the right,in addition and without prejudice to any other rights or remedies,to terminate this Addendum or any Task Order for any material breach of this Addendum by Esri that is not cured withinfifteen (15)days of receipt by Esri of a notice specifying the breach and requiring its cure. D.Termination for Cause by Esri.Esri may terminate this Addendum immediately upon written notice to Licensee in the event that one or more of the followingoccur: Insolvency ofLicensee i.Licensee becomes insolvent,ceases to pay its debts in the ordinary course ofbusiness,is unable to pay its debts as they become due,or makes an assignment for the benefit of creditors; ii.Atrustee or receiver is appointed for any or all ofLicensee's assets; iii.Any bankruptcy or insolvency proceeding under any federal or state bankruptcy or insolvency code,or similar law, whether voluntary or involuntary,is commenced by or against Licensee; iv.Licensee is dissolved or liquidated; v.There is any a.Material change in the management or control of Licensee; b.Transfer of any substantial part of Licensee's business;or c.Bulktmnsfer by Licensee pursuant to the Uniform Commercial Code or similar law. Default or Breach by Licensee vi.Licensee defaults under this Addendum three (3)or more times within any six (6)-month period,regardless of whether such defaults are cured; vii.Licensee engages in the unauthorized use of the COTS Software; viii.Licensee engages in the unauthorized use,reproduction,or disclosure ofDeliverables or Services Output; ix.Licensee breaches any provision ofthis Addendum and there is no possibility ofcure; x.Licensee fails to pay after ten (10)days'ritten notice the amounts due to Esri pursuant to the "Compensation; Invoices"Article 8 of this Addendum. E.Obligations upon Termination i.Upon termination by Esri,all outstanding Task Orders shall be subject to cancellation,acceptance,or rejection,at the sole discretion of Esri. ii.In the event of termination by Esri pursuant to Subsections v—x of Section D of this Article,the due dates ofall invoices for amounts owed by Licensee to Esri shall be accelerated automatically so that such amounts become due and payable on the effective date of the termination,regardless ofthe payment term provisions set forth in this Addendum. iii.Upon termination of this Addendum,the parties shall have no further obligations pursuant to its terms,except that Articles I,4,5,8,9.A.ii.,9.B.ii.,9.C.,10—14,17,and 19 shall survive termination.Unless Licensee has materially breached its obligations under this Addendum,Articles 3,9.A.i.,and 9.B.i.shall also survive termination.Except where specifically stated otherwise,any current or future cause ofaction or claim of one party because of any breach or default ofthe other party and any accrued license rights shall survive to the degree necessary to permit the complete fulfillmentor discharge ofthe cause of action. ARTICLE 13—RESTRICTIONS ON SOLICITATION Licensee shall not solicit for hire any Esri employee who is associated withefforts called forunder this Addendum during the term ofthis Addendum and for a period ofone (I)year thereafter.In the event the foregoing provision is breached,Licensee shall pay Esri liquidated damages for recruiting and training costs equal to twelve (12)months ofthe employee's compensation plus any legal expenses associated with the enforcement ofthis provision.The foregoing shall in no way restrict Licensee from publicly advertising positions for hire in newspapers,professional magazines,or Internet postings. E600 Esri Agreement No. Page 6 of 10 12/02/2011 281 ARTICLE 14—TAXES Values specified in Task Orders are exclusive of state,local,and other taxes or charges (including,without limitation,custom duties,tariffs,and value-added taxes,but excluding income taxes payable by Esri).In the event such taxes or charges become applicable to Deliverables or Services Output,Licensee shall pay any such taxes upon receipt of written notice that they are due. ARTICLE 15—INDEPENDENT CONTRACTOR Esri is,and at all times willbe,an independent contractor.Nothing in this Addendum shall be deemed to create an employer/employee,principaVagent,or jointventure relationship.Neither party has the authority to enter into any contracts on behalf ofthe other party or otherwise act on behalf ofthe other party. ARTICLE 16—FORCE MAJEURE Ifthe performance ofthis Addendum,or any obligation except the making ofpayments,is prevented,restricted,or interfered withby reason of fire,flood,earthquake,explosion,or other casualty or accident;strikes or labor disputes;inabilityto procure or obtain delivery ofparts,supplies,or power;war,terrorist act,cyberattack,or other violence;any law,order, proclamation,regulation,ordinance,demand,or requirement of any governmental agency;or any act or condition whatsoever beyond the reasonable control ofthe affected party,the party so affected,upon giving prompt notice to the other party,shall be excused from such performance to the extent ofsuch prevention,restriction,or interference. ARTICLE 17—CLAIMSMUST BE FILED WITHINONE (1)YEAR Any claim related to this Addendum or the Services or Deliverables may not be brought unless brought withinone (I)year. The one (I)-year period begins on the date when a party knew or should have known ofthe claim.Ifit is not filed during the one (I)-year period,then that claim is permanently barred.This applies to Licensee and Licensee's successors and/or assigns. Italso applies to Esri and/or Esri's successors and assigns. ARTICLE 18—NOTICE Allnotice required by this Addendum shall be in writing to the parties at the followingrespective addresses,or to such other address as a party may subsequently specify in a notice provided in the manner described in this Article,and shall be deemed to have been received (i)upon delivery in person;(ii)upon the passage ofthree (3)days followingpost by first class registered or certified mail,return receipt requested,withpostage prepaid;(iii)upon the passage oftwo (2)days following post by overnight receipted courier service;or (iv)upon transmittal by confirmed e-mail or facsimile,provided that ifsent by e-mail or facsimile,a copy of such notice shall be concurrently sent by US certified mail,return receipt requested and postage prepaid,with an indication that the original was sent by e-mail or facsimile and the date of its transmittal: Licensee: Attn.: Tel.: Fax: Esri:Environmental Systems Research Institute,Inc. 380 New York Street Redlands,CA 92373-8100 USA Project/Technical Notice Attn.: Senior Contract Administrator Tel.:909-793-2853,extension Fax:909-307-3034 Legal Notice Attn.:Contract Manager Tel.:909-793-2853,extension Fax:909-307-3020 Witha copy to ,Contract Administrator E600 Esri Agreement No. Page 7 of 10 12/02/2011 282 Notice for non-US Licensees shall be deemed to have been received (i)upon delivery in person;(ii)upon the passage of seven (7)days followingpost by international courier service with shipment tracking provisions;or (iii)upon transmittal by confirmed e-mail or facsimile,provided that ifsent by e-mail or facsimile,a copy of such notice shall be concurrently sent by receipted international courier service,withan indication that the original was sent by e-mail or facsimile and the date ofits transmittal. ARTICLE 19—ASSIGNMENT AND DELEGATION Esri may,in whole or in part,assign any ofits rights or delegate any performance under this Addendum,provided that Esri shall remain responsible forthe performance itdelegates.This Addendum binds and benefits successors or assigns permitted under this Article 19. E600 Esri Agreement No. Page 8 of 10 12/02/2011 283 ATTACHMENTA SAMPLE TASK ORDER Esri Agreement No. Task Order No. In accordance with the terms and conditions ofthe above-referenced Addendum between Environmental Systems Research Institute,Inc.(Esri),and (Licensee),(Licensee Address),this Task Order authorizes preparation and provision ofthe Services Output and/or Deliverables described and in accordance withthe terms, schedule,and start/end date(s)specified below. 1.Scope ofWork:[As applicable,specifically identify and describe Services Output or Deliverables including Custom Code,Map Data,and Technical Data (including Technical Assistance)and the resources to be provided by Licensee (including Licensee-supplied personnel,software,hardware,and digital or hard-copy data),and place ofdelivery and location where technical assistance willbe provided.] In addition to the foregoing,Licensee agrees that its employees,representatives,and subcontractors willcooperate and communicate withEsri during performance ofthis Task Order.Without cost to Esri,Licensee shall provide,allow access to,or assist Esri in obtaining all data Esri requests for performance of this Task Order,including,but not limited to, (I)copies ofpreviously prepared reports,maps,plans,surveys,records,and other documents in the control or possession ofLicensee and (2)copies of ordinances,codes,regulations,or other governmental documents. 2.Contract Type [Firm Fixed-Price (FFP)or Time and Materials (TkM)]: 3.Total Task Order Value (ifFFP)or Not-to-Exceed Value (ifTkM): 4.Licensee Address for the Receipt of Esri Invoices: 5.Delivery Schedule or Start/End Date(s)forEach Deliverable: 6.Special Considerations: 7.Esri Project Manager:(insert name,telephone,fax,and e-mail address) Esri Senior Contract Administrator:(insert name,telephone,fax,and e-mail address) Licensee Project Manager:(insert name,telephone,fax,and e-mail address) Licensee Senior Contract Administrator:(insert name,telephone,fax,and e-mail address) Licensee Accounts Payable Contact:(insert name,telephone,fax,and e-mail address) ACCEPTED AND AGREED: (Licensee) Signature: Printed Name: ENVIRONMENTALSYSTEMS RESEARCH INSTITUTE,INC. (Esri) Signature: Printed Name: Title:Title: Date:Date: E600 Esri Agreement No. Page 9 of 10 12/02/2011 284 TIMEANDMATERIALSRATE SCHEDULE Effective January 1,2012 Hourly time and materials labor rates have been provided for each labor category for calendar year 2012.The hourly labor rates for services that are performed after 2012 may be escalated in an amount not to exceed five percent (5%) each year.Other direct costs,such as travel,reproduction,subcontractor,telecommunication/freight,or materials, willbe charged a material handling fee and invoiced. Esri reserves the right to provide fixed price quotations forprofessional services requests that require deliverables other than hours.Work performed under fixed price orders willrequire additional terms and conditions and willbe invoiced monthly based on percentage completed. GIS Technical Specialist/Engineer (S1)Hourly Rate:$184 Staff members in this labor category work collaboratively with software designers to perform software coding and the writing of software documentation according to design specifications developed by senior technical staff described below.As a group,these staff members are experienced in the coding of software and the creation of digital databases,as well as in software development associated withEsri's commercial off-the-shelf (COTS) software products;web,desktop,or server software development languages;geospatial data formats;and other technologies.These individuals also develop effective database designs,implement data conversion processes and procedures,and perform software and database quality control. GIS System/Software Developer (S2)Hourly Rate:$238 Staff members in this labor category support the design oftechnical project specifications for the implementation of application software projects and database development projects.They support the day-to-day technical activities of the project team and ensure that standard system methodologies are employed.They also perform detailed software design and detailed database conversion design and are directly involved in the coding and implementation of complex and strategic pornons of application software and database conversion projects.As a group,these staff members are proficient in Esri COTS software products;web,desktop,and server software development languages; geospatial data formats;and other technologies.These staff members design and develop QA/QC programs and support design and code reviews,database reviews,and other QA/QC activities throughout the project life cycle. Senior GIS System/Software Architect (S3)Hourly Rate:$292 Staff members in this labor category provide the overall technical vision and system architecture for large,complex systems.They support the application of sound software engineering principles and life cycle methodologies to programs/projects.These individuals are actively involved in systems architecture design,application software design,database process design,and the directing of coding development including the supervision ofdesign and code reviews.These staff members may serve as principal investigators in focused studies or research and development projects.Individuals in this labor category have broad technical knowledge of geographic information system (GIS)applications and related information technologies and may also provide specific expernse in areas such as web-based software applications,service-oriented architectures,data warehousing,spatial analysis,and modeling. As a group,these staff members are proficient withEsri COTS software products;software and database design methodologies;web,desktop,and server software development languages;geospatial data formats;and other technologies. GIS Consultant/Project Manager (M1) Staff members in this labor category provide day-to-day consulting and management for contracted projects within Esri.These individuals work under the guidance of senior Esri managers described herein and support the design 1-8410 2012 [State MPA]20 Oct 2011 285 and implementation ofproject work plans.These staff members may provide consulting services and design and management support to software application development projects and database conversion projects.They may also conduct detailed requirements interviews,document application requirements,develop logical and physical database designs using standard engineering diagramming methodologies,design software and database QA/QC programs, and provide management oversight of daily technical activities.These staff members work with senior consulting and technical staff to design comprehensive work plans that employ standard system methodologies that define project deliverables and milestones and realistic schedules.These individuals work withEsri administrative staff to ensure that progress and financial reporting is provided according to contract requirements. Senior GIS Consultant/Project Manager (M2)Hourly Rate:$283 Staff members in this labor category work as project managers or project advisers,providing strategic consulting and project management activities for GIS and information technology (IT)projects.These staff members have market/application domain expertise using extensive experience in GIS and related geospatial technologies to support the successful completion of a project.Consulting activities may include strategic planning,GIS workshops and seminars development,requirements definition,application and database design,and system integration. Management activities may include defining project requirements and objectives,establishing budgets and schedules,allocating staff and other resources,and managing and overseeing subcontractor activities.These individuals may also design comprehensive work plans that employ standard system methodologies that define project deliverables and milestones and realistic schedules. Principal GIS Consultant/Program Manager (M3)Hourly Rate:$373 Staff members in this labor category work as program directors or project advisers,providing project vision, strategic consulting,and program management activities for GIS and IT projects.These staff members apply market/application domain expertise using extensive experience in GIS and related geospatial technologies to support the successful completion of the program.Consulting activities may include strategic planning,review and oversight ofrequirements definitions,application and database design,and system integration.Management activities may include defining program requirements and objectives,establishing budgets and schedules,allocating staff and other resources,and managing and overseeing subcontractor activities.Staff members in this labor category work with senior client staff in coordination withEsri senior management to resolve issues and support successful project completion. GIS Database Specialist/Analyst (DB)Hourly Rate:$155 Staff members in this labor category provide database development support in creating cartographic and digital data products.These staff members have expertise that includes the performance of hard copy to digital data conversion tasks,data migration,and translation activities utilizing advanced processing techniques in ArcGIS.These individuals design,develop,and implement efficient production tools and workflows in accordance withapproved project plans and design parameters. 1-8410 2012 [State MPA]20 Oct 2011 286 Esri,380 New York St.,Redlands,CA 92373-8100 USA ~TEL 909-793-2853 ~FAX909-793-3034 IMPLEMENTATIONSERVICES ADDENDUM FOR SERVICES PACKAGES 1.DEFINITIONS "Commercial offthe Shelf Software"or "COTS Software"means all or any poison of Esri's proprietary software technology accessed or downloaded from an authorized Esri Web site or delivered on any media in any format,including backups,updates,service packs,patches,hot fixes,or permitted merged copies,available under license to the general public. "Services Output"means any output produced as a result ofthe Services provided by Esri under this Agreement.Services Output can include,but is not limited to,reports,training materials,and custom software code. "Map Data"means any digital dataset(s)including geographic,vector data,coordinates,raster,or associated tabular attributes supplied by either party foruse in the performance ofthis Agreement. "Services"means consulting support being performed by Esri in exchange for compensation fromthe Licensee. "Services Package"means a predefined unit of Services provided at a firmfixed price as set fordi in Esri's proposal. 2.RESERVATION OF OWNERSHIP AND GRANT OF LICENSE Except as specifically granted in this Agreement,Esri or its licensors own and retain all right,title,and interest in Services Output.Subject to the terms and conditions set forth in this Agreement,Esri hereby grants to Licensee a nonexclusive, royalty-free,worldwide license to use,modify,and/or reproduce the Services Output in connection with Licensee's authorized use of the Esri COTS Software. 3.PATENTS AND INVENTIONS Each party shall retain title to any inventions,innovations,and improvements (ainventions")made or conceived solely by its principals,employees,consultants,or independent contractors (hereinafter called "Inventors")during the term ofthis Agreement.The parhes shall jointlyown any Inventions made or conceived jointlyby Inventors fromboth parties. Except as provided in the next paragraph,where Inventions are jointlyowned,each party shall share equally the costs of acquiring protection for the Inventions and furnish the other joint owner with assistance reasonably required for acquiring protection. Ajoint owner ("Assigning Owner")electing not to acquire or maintain protection ofany Inventions in any country or countries shall assign its rights in such Inventions to the other joint owner ("Beneficial Owner")as is necessary to enable the Beneficial Owner to protect such Inventions in such country or countries at its expense and for its exclusive benefit.In such event,the Assigning Owner shall make available to the Beneficial Owner the name(s)of Assigning Owner's Inventors and shall otherwise cooperate with the Beneficial Owner in order to assist the Beneficial Owner in protecting such Inventions. The Beneficial Owner shall reimburse the Assigning Owner for all reasonable out-of-pocket expenses incurred in rendering such assistance.Ifany such Inventions are so protected by the Beneficial Owner,then the Assigning Owner shall have a license with respect to the subject matter of such protected Inventions in such country or countries. Neither party may license,transfer,sell,or otherwise alienate or encumber its interest injointlyowned Inventions without the written consent ofthe other party,which shall not be unreasonably withheld by either party. 4.COMPENSATION Services are provided and invoiced on a firmfixed price basis and the only deliverable is consulting time.Esri willinvoice Licensee for all Services Packages ordered upon the issuance of a valid Purchase Order.The Purchase Order shall confirm the quantity and firmfixed price of the Services Packages ordered,as described in the Esri proposal or quotation,and G363D Page 1 of3 11/01/2010 287 reference these terms and conditions.Esri standard payment terms are Net-30 days from receipt of an Esri invoice.Payment shall be made to the Esri address identified on original Esri invoices.For Services provided beyond the date the quote is effective or delivered in a new calendar year,Esri reserves the right to increase the Services Package price in accordance with Esri's most current price schedule.Esri's obligation for completion of the Services is limited to the hours outlined in the Services Package descriptions withinEsri's statement ofwork.Ifadditional time is required to complete Licensee's goals or activities set fordi in the applicable statement ofwork,Esri and Licensee willamend the Purchase Order,as mutually agreed, by increasing the quantity of Service Packages ordered and issuing a new,or amended,Purchase Order.Esri may,at its sole discretion,stop work in order to avoid exceeding the total hours allotted inthe applicable Services Package.Any unused hours or travel expenses remaining after the performance ofa Services Package willexpire and willnot be available for performance at a later date.Iffunded Services Packages have not been performed within twelve (12)months of the Esri invoice date,the Services Package willexpire and no refund willbe provided.Any election to amend and add Services Packages shall not affect the rights or obligations of the parties under this Agreement. 5.LIMITEDWARRANTYAND DISCLAIMEROF WARRANTIES Esri warrants for a period ofthirty (30)days from the date of performance that the Services willconform to the professional and technical standards in the software industry.During the limited warranty period,Licensee may require Esri to re-perform the Services,at no additional cost to the Licensee,ifthe Services do not substantially conform to the professional and technical standards ofthe software industry.Services Output is provided "AS IS"without warranty ofany kind. Disclaimer of Warranties A.WITHTHE EXCEPTION OF THE LIMITEDWARRANTYSET FORTH IN THIS ARTICLE,ESRI DISCLAIMS AND THIS AGREEMENT EXPRESSLY EXCLUDES ALLOTHER WARRANTIES,EXPRESS OR IMPLIED, ORAL OR WRITTEN,INCLUDING,WITHOUTLIMITATION,ANYAND ALLWARRANTIES OF MERCHANTABILITYOR FITNESS FOR A PARTICULARPURPOSE. B.IN ADDITIONTO AND WITHOUTLIMITINGTHE PRECEDING PARAGRAPH,ESRI DOES NOT WARRANT IN ANYWAYMAP DATA.MAP DATAMAYNOT BE FREE OF NONCONFORMITIES,DEFECTS,ERRORS, OR OMISSIONS;BE AVAILABLEWITHOUTINTERRUPTION;BE CORRECTED IF ERRORS ARE DISCOVERED;OR MEET LICENSEE'S NEEDS OR EXPECTATIONS.LICENSEE SHOULD NOT RELYON ANY MAP DATAUNLESS LICENSEE HAS VERIFIED THE MAP DATAAGAINSTACTUALDATAFROM DOCUMENTS OF RECORD,FIELD MEASUREMENT,OR OBSERVATION. 6.LIMITATIONOF LIABILITYAND EXCLUSIVEREMEDY INNO EVENT SHALLESRI BE LIABLETO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOST PROFITS;LOST SALES;OR BUSINESS EXPENDITURES;INVESTMENTS;BUSINESS COMMITMENTS;LOSS OF ANYGOODWILL;OR FOR ANYINDIRECT,SPECIAL,EXEMPLARY, CONSEQUENTIAL,OR INCIDENTALDAMAGES ARISING OUT OF,OR RELATED TO,THIS AGREEMENT, HOWEVER CAUSED OR UNDER ANYTHEORY OF LIABILITY,EVEN IF ESRI HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES.ESRI'S TOTALCUMULATIVELIABILITYHEREUNDER,FROM ALL CAUSES OF ACTIONOF ANYKINDSHALL INNO EVENT EXCEED THE AMOUNTACTUALLYPAID BY THE LICENSEE FOR THE PORTION OF THE SERVICES UNDER THIS AGREEMENT.THESE LIMITATIONSSHALL APPLY NOTWITHSTANDINGANYFAILUREOF ESSENTIAL PURPOSE OF ANYLIMITEDREMEDY. 7.CONFIDENTIALITY The Services Output is Esri confidential information and Licensee shall preserve and protect the confidentiality of said Services Output.Insofar as its rights may be legally restricted,Licensee agrees not to reverse engineer or decompile custom software delivered only in object code,executable code,or similar formats (collectively,"Secure Formats").For custom software delivered in source code or other human-readable formats,Licensee shall have met its obligations under this Agreement ifits disclosure of custom software is limited to custom software in Secure Formats,provided that the means for reverse engineering,decompiling,or disassembling such custom software is withheld from such disclosure,and the person or entity in receipt of such custom software similarly agrees not to perform such acts or allow others to do so. Except as provided in the preceding paragraph,Licensee shall not disclose the Services Output to employees or third parhes without the advanced written consent ofEsri.However,Licensee may,without such consent,make such disclosures to G363D Page 2 of3 11/01/2010 288 employees to the extent reasonably required to allow Licensee to use the Services Output in a manner authorized under applicable licenses.Before disclosing all or any portion ofthe Services Output to employees or third parties as permitted in the preceding sentence,Licensee shall inform such employees or third parties of the obligations in this Agreement and obtain their agreement to be bound by them. 8.EXPORT CONTROLS The disclosures permitted under Arncle 7,Confidentiality,shall not relieve Licensee of its obligation to maintain the Services Output in confidence and comply with all applicable laws and regulations of the United States including,without limitation, its export control laws.Licensee expressly acknowledges and agrees that Licensee shall not export,reexport,transfer,or release Services Output in whole or in part,to (i)any U.S.embargoed country (or to a national or resident of any U.S. embargoed country);(ii)any person on the U.S.Treasury Department's list of Specially Designated Nationals;(iii)any person or entity on the U.S.Commerce Department's Denied Persons List,Entity List,or Unverified List;or (iv)any person or entity where such export or reexport violates any U.S.export control laws or regulations including,but not limited to,the terms of any export license or license exception and any amendments and supplemental additions to U.S.export laws as they occur. 9.GENERALPROVISIONS 9.1 Nonhire of Esri Personnel.Licensee willnot directly solicit for hire any employee(s)ofEsri's technical staff,who is (are)associated with Services called for under this project,and for a period of one (I)year after completion of the project.In the event the foregoing provision is breached,liquidated damages equal to twelve (12)months ofthe Esri employee's compensation plus any legal expenses associated with the enforcement ofthis provision shall be paid by the Licensee to Esri. The foregoing shall in no way restrict Licensee from publicly advertising positions for hire in newspapers,professional magazines,or Internet postings. 9.2 Taxes.Services provided are quoted exclusive ofall state;local;value-added or other taxes,customs,or duties;or other charges (other than income taxes payable by Esri).In the event such taxes and/or charges become applicable to Esri's Services or Services Output,Licensee shall pay any such applicable tax upon receipt of written notice that such tax(es)is/are due. 9.3 IICC Inapplicability.Services provided under this Agreement willnot be governed by the Uniform Commercial Code (UCC)and willnot be deemed "goods"within the definition of the UCC. 9.4 Order ofPrecedence.These terms and conditions supersede those outlined in any Licensee ordering or authorizing documents such as purchase orders.Any additional terms or conditions in Licensee ordering or authorizing documents are void and may be incorporated into this Agreement only via written amendment signed by both parnes to be binding. 9.5 Assignment and Delegation.Esri may,in whole or in part,assign any of its rights or delegate any performance under this Agreement,provided that Esri shall remain responsible for the performance it delegates.This Agreement binds and benefits successors or assigns permitted under this Arncle. 9.6 Equitable Relief.Licensee agrees that any breach ofthis Agreement by Licensee may cause Esri irreparable damage and that,in the event of such breach,in addition to any and all remedies at law,Esri shall have the right to seek an injunction, specific performance,or other equitable reliefin any court ofcompetent jurisdiction to prevent violation ofthese terms and without the requirement of posting a bond or undertaking or proving injury as a condition ofrelief. 9.7 Governing Law.This Agreement shall be governed by and construed in accordance withthe laws of the State of California without reference to its conflict oflaws principles. 9.8 Entire Agreement.This Agreement constitutes the sole and entire agreement ofthe parties as to the subject matter set forth herein and supersedes any previous agreements,understandings,and arrangements (including any attached purchase order terms and conditions)between the parties relating to such subject matter. G363D Page 3 of3 11/01/2010 289 Esri,380 New York St.,Redlands,CA 92373-8100 USA ~TEL 909-793-2853 ~FAX909-793-5953 ESRI MPA PRICE LIST (E416 10/12/2011) General Information and Disclaimers 1.The following Software items and related products are offered to Licensee and its qualified agencies for use only within the United States of America,its possessions,and territories. 2.The listed prices are exclusive ofshipping,handling,and any applicable taxes.Delivery terms are FOB Redlands, California.Shipping and handling willbe prepaid and charged back,i.e.,included in the invoice as a separate item.If desired,shipping and handling charges can be quoted to the customer prior to the placement ofthe order.Your Esri Sales Representative can provide a specific quote including applicable shipping and handling charges. 3.Eligible customers may at any time request a specific quote based on this contract from an Esri sales representative. When selecting items from this contract without assistance from an Esri sales representative,be aware ofthe following general rules: (a)Volume pricing applies on a per-order and per-item basis unless otherwise indicated.The listed prices must be multiplied by the order quantity to determine the total price for any given order. (b)Some products have prerequisites and interdependencies so that one may not be purchased,or may not be functional,without prior or simultaneous purchase of another product.For example,Software upgrades can only be licensed by customers who have already acquired the corresponding earlier version of the Software,and extension Software is only functional in combination withthe corresponding core Software.Ifyou have questions regarding your configuration,please contact your Esri representative for additional information. (c)System requirements and platform support vary from item to item.Ifin doubt whether your system willsupport a desired item,please contact your Esri sales representative for additional information. (d)Some items are not offered to all potential customers.For example,certain Software upgrades are only offered to customers who have acquired the most recent versions ofthe Software,and local government licenses are only offered to local government customers. (e)Customer must provide adequate facilities for client site training.Certain other restrictions apply.See the Learning Center On-Site training information at Esri's website (www.esri.corn/trainin /site trainin .html)for details. (f)Esri Site Training (i.e.,Training at one of Esri's Training Centers)requires a completed registration application form from each student.Registrations are processed on a first-come,first-served basis.We recommend that you submit this registration information at least one month prior to the start date of your class.See the Learning Center registration information at Esri's website (www.esri.corn/trainin re ister.html for details, (g)Training willbe provided in accordance with the policies defined under Education and Training at www.esri.corn.Training prices are subject to annual escalation,not to exceed a seven and one-half percent (7.5%)increase in January ofeach year. 4.Support services are defined at Esri's wehsite rw~ww.cari.corn withe the user support section.Particular attention should be paid to the fact that some Esri Software comes with complimentary maintenance forthe first year and other Software features different support plans. 5.New Software releases for most Software products are provided exclusively through maintenance programs.In these cases,Software upgrades are not sold separately. E416 Page 1 of 32 Esri Proprietary and Confidential Information 10/12/2011 290 STATE OF MONTANA MPA PRICELIST -E416M4Q11 Section Description 1 ArcGIS Concurrent Use Licenses Arclnfo Concurrent Use License Arclnfo Concurrent Use License Annual Maintenance (primary 1st,11th,21st,31st...) Arclnfo Concurrent Use License Annual Maintenance (secondary 2—10,12—20...) ArcEditor Concurrent Use License ArcView Concurrent Use License ArcGIS Spatial Analyst Concurrent Use License ArcGIS 3D Analyst Concurrent Use License ArcGIS Geostatistical Analyst Concurrent Use License ArcGIS Publisher Concurrent Use License ArcGIS Tracking Analyst Concurrent Use License ArcGIS ArcScan Concurrent Use License ArcGIS Maplex Concurrent Use License ArcGIS Data Interoperability Concurrent Use License ArcGIS Network Analyst Concurrent Use License ArcGIS Schematics Concurrent Use License ArcGIS Workflow Manager Concurrent Use License ArcGIS Data Reviewer Concurrent Use License 1 ArcGIS Concurrent Use Maintenance Primary Maintenance for ArcView Concurrent Use License Secondary Maintenance for ArcView Concurrent Use License Primary Maintenance for ArcGIS Spatial Analyst Concurrent Use License Secondary Maintenance for ArcGIS Spatial Analyst Concurrent Use License Primary Maintenance for ArcGIS 3D Analyst Concurrent Use License Secondary Maintenance for ArcGIS 3D Analyst Concurrent Use License Primary Maintenance for ArcGIS Geostatistical Analyst Concurrent Use License Secondary Maintenance for ArcGIS Geostatistical Analyst Concurrent Use License Primary Maintenance for ArcGIS Publisher Concurrent Use License Secondary Maintenance for ArcGIS Publisher Concurrent Use License Primary Maintenance for ArcGIS Tracking Analyst Concurrent Use License Secondary Maintenance for ArcGIS Tracking Analyst Concurrent Use License Primary Maintenance for ArcGIS ArcScan Concurrent Use License Secondary Maintenance for ArcGIS ArcScan Concurrent Use License Primary Maintenance for ArcGIS Maplex Concurrent Use License Secondary Maintenance for ArcGIS Maplex Concurrent Use License Primary Maintenance for ArcGIS Data Interoperability Concurrent Use License Secondary Maintenance for ArcGIS Data Interoperability Concurrent Use License Primary Maintenance for ArcGIS Network Analyst Concurrent Use License Secondary Maintenance for ArcGIS Network Analyst Concurrent Use License Primary Maintenance for ArcGIS Schematics Concurrent Use License Secondary Maintenance for ArcGIS Schematics Concurrent Use License Primary Maintenance for ArcGIS Workflow Manager Concurrent Use License Secondary Maintenance for ArcGIS Workflow Manager Concurrent Use License Primary Maintenance for ArcGIS Data Reviewer Concurrent Use License Secondary Maintenance for ArcGIS Data Reviewer Concurrent Use License Primary Maintenance for ArcEditor Concurrent Use License Secondary Maintenance for ArcEditor Concurrent Use License 1 ArcGIS Single Use Licenses Arclnfo Single Use License Price $9,405.00 $3,000.00 $1,200.00 $6,650.00 $3,325.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $700.00 $500.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $1,500.00 $1,200.00 $9,405.00 E416 Page 2 of 32 Esri Proprietary and Confidential Information 10/12/2011 291 ArcEditor Single Use License ArcGIS ArcView Single Use Unkeyed License ArcGIS ArcView Single Use Keyed License ArcGIS Extensions Single Use Licenses ArcGIS Spatial Analyst Single Use License ArcGIS 3D Analyst Single Use License ArcGIS Geostatistical Analyst Single Use License ArcGIS Publisher Single Use License ArcGIS Tracking Analyst Single Use License ArcGIS ArcScan Single Use License ArcGIS Maplex Single Use License ArcGIS Data Interoperability Single Use License ArcGIS Network Analyst Single Use License ArcGIS Schematics Single Use License ArcGIS Workflow Manager Single Use License ArcGIS Data Reviewer Single Use License ArcGIS Single Use Maintenance Primary Maintenance for Arclnfo Single Use License (core only) Secondary Maintenance for Arclnfo Single Use License (core only) Primary Maintenance for Arclnfo ArcGIS Spatial Analyst Extension Single Use License Secondary Maintenance for Arclnfo ArcGIS Spatial Analyst Extension Single Use License Primary Maintenance for Arclnfo ArcGIS Geostatistical Analyst Extension Single Use License Secondary Maintenance for ArclnfoArcGIS Geostatistical Analyst Extension Single Use License Primary Maintenance for Arclnfo ArcGIS Network Analyst Extension Single Use License Secondary Maintenance for Arclnfo ArcGIS Network Analyst Extension Single Use License Primary Maintenance for Arclnfo ArcGIS 3D Analyst Extension Single Use License Secondary Maintenance for Arclnfo ArcGIS 3D Analyst Extension Single Use License Primary Maintenance for Arclnfo ArcGIS Tracking Analyst Extension Single Use License Secondary Maintenance for Arclnfo ArcGIS Tracking Analyst Extension Single Use License Primary Maintenance for Arclnfo ArcGIS Publisher Extension Single Use License Secondary Maintenance for Arclnfo ArcGIS Publisher Extension Single Use License Primary Maintenance for Arclnfo ArcGIS Schematics Extension Single Use License Secondary Maintenance for Arclnfo ArcGIS Schematics Extension Single Use License Primary Maintenance for Arclnfo ArcGIS Data Interoperability Extension Single Use License Secondary Maintenance for Arclnfo ArcGIS Data Interoperability Extension Single Use License Primary Maintenance for Arclnfo ArcGIS Data Reviewer Extension Single Use License Secondary Maintenance for Arclnfo ArcGIS Data Reviewer Extension Single Use License Primary Maintenance for Arclnfo ArcGIS Workflow Manager Extension Single Use License Secondary Maintenance for Arclnfo ArcGIS Workflow Manager Extension Single Use License Primary Maintenance for ArcGIS ArcView Single Use License (core only) Secondary Maintenance for ArcGIS ArcView Single Use License (core only) Primary Maintenance for ArcGIS ArcView Single Use License (core plus extensions) Secondary Maintenance for ArcGIS ArcView Single Use License (core plus extensions) Primary Maintenance for ArcEditor Single Use (without extensions) $6,650.00 $1,425.00 $1,425.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $3,000.00 $1,200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $500.00 $200.00 $400.00 $300.00 $1,000.00 $900.00 $1,500.00 E416 Page 3 of 32 Esri Proprietary and Confidential Information 10/12/2011 292 Secondary Maintenance for ArcEditor Single Use (without extensions) Primary Maintenance for ArcEditor Single Use (with extensions) Secondary Maintenance for ArcEditor Single Use (with extensions) Maintenance Activation Program Primary Maintenance Activation Fee for ArcView 8.1,8.2,8.3,9.0,or 9.1 —Single Use License for Windows (core only) Secondary Maintenance Activation Fee for ArcView 8.1,8.2,8.3,9.0,or 9.1 —Single Use License for Windows (core only) Primary Maintenance Activation Fee for ArcView 8.1,8.2,8.3,9.0,or 9.1 —Single Use License for Windows (core plus extensions) Secondary Maintenance Activation Fee for ArcView 8.1,8.2,8.3,9.0,or 9.1 —Single Use License for Windows (core plus extensions) Primary Maintenance Activation Fee for ArcView 3.2 or 3.3 Single Use License for Windows (core only) Secondary Maintenance Activation Fee for ArcView 3.2 or 3.3 Single Use License for Windows (core only) Primary Maintenance Activation Fee for ArcView 3.2 or 3.3 Single Use License for Windows (core plus extensions) Secondary Maintenance Activation Fee for ArcView 3.2 or 3.3 Single Use License for Windows (core plus extensions) Primary Maintenance Activation Fee for ArcView 3.2 License for UNIX (core only) Secondary Maintenance Activation Fee for ArcView 3.2 License for UNIX (core only) Primary Maintenance Activation Fee for ArcView 3.2 License for UNIX,3D Extension Secondary Maintenance Activation Fee for ArcView 3.2 License for UNIX,3D Extension Primary Maintenance Activation Fee for ArcView 3.2 License for UNIX,Network Analyst Secondary Maintenance Activation Fee for ArcView 3.2 License for UNIX,Network Analyst Primary Maintenance Activation Fee for ArcView 3.2 License for UNIX,Tracking Analyst Secondary Maintenance Activation Fee for ArcView 3.2 License for UNIX,Tracking Analyst Primary Maintenance Activation Fee for ArcView 3.2 License for UNIX,Spatial Analyst Secondary Maintenance Activation Fee for ArcView 3.2 License for UNIX,Spatial Analyst ArcGIS Upgrades ArcGIS ArcView Single Use License Upgrade to ArcGIS ArcView Concurrent Use License (Single use license must be current on maintenance to qualify.) Upgrade from One ArcGIS Product to Another Upgrade from ArcView Single Use to ArcEditor Single Use Upgrade from ArcView Single Use to ArcEditor Concurrent Use Upgrade from ArcView Single Use to Arclnfo Single Use Upgrade from ArcView Single Use to Arclnfo Concurrent Use Upgrade from ArcView Concurrent Use to ArcEditor Concurrent Use Upgrade from ArcView Concurrent Use to Arclnfo Concurrent Use Upgrade from ArcEditor Single Use or Concurrent Use to Arclnfo Concurrent Use Arclnfo 7.x,or 8.0.x Software —UNINWindows NT Arclnfo 7.x or 8.0.x Node Locked 3-Pack License Annual Maintenance (primary 1st, 11th,21st,31st...) Arclnfo 7.x or 8.0.x Node Locked 3-Pack License Annual Maintenance (secondary 2—10, 12-20...) ArcCOGO 7.x or 8.0.x Extension Floating License ArcCOGO 7.x or 8.0.x Extension Floating License Annual Maintenance (each)(primary 1st,11th,21st,31st...) ArcCOGO 7.x or 8.0.x Extension Floating License Annual Maintenance (each) (secondary 2-10,12-20...) $1,200.00 $2,100.00 $1,800.00 $600.00 $400.00 $1,500.00 $1,300.00 $600.00 $400.00 $1,500.00 $1,300.00 $1,050.00 $750.00 $750.00 $300.00 $750.00 $300.00 $750.00 $300.00 $750.00 $300.00 $1,900.00 $5,225.00 $5,225.00 $7,980.00 $7,980.00 $3,325.00 $6,080.00 $2,755.00 $4,000.00 $1,600.00 $2,375.00 $500.00 $200.00 E416 Page 4 of 32 Esri Proprietary and Confidential Information 10/12/2011 293 Arclnfo 7.x or 8.0.x Network Extension Node Locked 3-Pack License Annual Maintenance (each)(primary 1st,11th,21st,31st...) Arclnfo 7.x or 8.0.x Network Extension Node Locked 3-Pack License Annual Maintenance (each)(secondary 2—1 0,12—20...) Arclnfo 7.x or 8.0.x GOGO Extension Node Locked 3-Pack License Annual Maintenance (each)(primary 1st,11th,21st,31st...) Arclnfo 7.x or 8.0.x GOGO Extension Node Locked 3-Pack License Annual Maintenance (each)(secondary 2—10,12 —20...) Arclnfo 7.x or 8.0.x ArcScan Extension Node Locked 3-Pack License Annual Maintenance (each)(primary 1st,11th,21st,31st...) Arclnfo 7.x or 8.0.x ArcScan Extension Node Locked 3-Pack License Annual Maintenance (each)(secondary 2—1 0,12—20...) ArcStorm First License (3 seats)Annual Maintenance ArcStorm Additional License (each additional seat)Annual Maintenance ArcPress for ArcView ArcPress for ArcView UNIX License ArcPress for ArcViewWindows/Windows NT License ArcView 3.x and Extensions UNIX ArcView 3.x for UNIXLicense Qty.1 —5 (each) ArcView 3.x for UNIXLicense Qty.6—25 (each) ArcView 3.x for UNIXLicense Qty.26+(each) ArcView 3.x for UNIXLicense Primary Maintenance ArcView 3.x for UNIXLicense Secondary Maintenance Transfer of ArcView 3.x for UNIXto ArcView 3.x for Windows/Windows NT ArcView Network Analyst Extension for UNIX License Qty.1 —5 (each) ArcView Network Analyst Extension for UNIX License Qty.6—25 (each) ArcView Network Analyst Extension for UNIX License Qty.26+(each) ArcView Network Analyst Extension for UNIX License Primary Maintenance ArcView Network Analyst Extension for UNIX License Secondary Maintenance ArcView Tracking Analyst Extension for UNIX License Qty.1 —5 (each) ArcView Tracking Analyst Extension for UNIX License Qty.6—25 (each) ArcView Tracking Analyst Extension for UNIX License Qty.26+(each) ArcView Tracking Analyst Extension for UNIX License Primary Maintenance ArcView Tracking Analyst Extension for UNIX License Secondary Maintenance ArcView Spatial Analyst Extension for UNIX License Qty.1 —5 (each) ArcView Spatial Analyst Extension for UNIX License Qty.6—25 (each) ArcView Spatial Analyst Extension for UNIX License Qty.26+(each) ArcView Spatial Analyst Extension for UNIX License Primary Maintenance ArcView Spatial Analyst Extension for UNIX License Secondary Maintenance ArcView 3D Analyst Extension for UNIX License Qty.1 —5 (each) ArcView 3D Analyst Extension for UNIX License Qty.6—25 (each) ArcView 3D Analyst Extension for UNIX License Qty.26+(each) ArcView 3D Analyst Extension for UNIX License Primary Maintenance ArcView 3D Analyst Extension for UNIX License Secondary Maintenance Windows/Windows NT ArcView 3.x for Windows/Windows NT Single Use License Qty.1 —5 (each) ArcView 3.x for Windows/Windows NT Single Use License Qty.6—25 (each) ArcView 3.x for Windows/Windows NT Single Use License Qty.26+(each) Primary Maintenance for ArcView 3.3 Single Use License (core only) Secondary Maintenance for ArcView 3.3 Single Use License (core only) Primary Maintenance for ArcView 3.3 Single Use License (core plus extensions) $1,100.00 $440.00 $1,100.00 $440.00 $1,100.00 $440.00 $500.00 $100.00 $285.00 $285.00 $2,085.00 $1,877.00 $1,668.00 $700.00 $500.00 $484.00 $2,370.00 $2,246.00 $1,996.00 $500.00 $200.00 $2,370.00 $2,246.00 $1,996.00 $500.00 $200.00 $2,845.00 $2,696.00 $2,396.00 $500.00 $200.00 $2,845.00 $2,696.00 $2,396.00 $500.00 $200.00 $1,135.00 $1,022.00 $908.00 $400.00 $300.00 $1,000.00 E416 Page 5 of 32 Esri Proprietary and Confidential Information 10/12/2011 294 Secondary Maintenance for ArcView 3.3 Single Use License (core plus extensions) ArcView Network Analyst Extension for Windows/Windows NT License Qty.1 —5 (each) ArcView Network Analyst Extension for Windows/Windows NT License Qty.6—25 (each) ArcView Network Analyst Extension for Windows/Windows NT License Qty.26+(each) ArcView Tracking Analyst Extension for Windows/Windows NT License Qty.1 —5 (each) ArcView Tracking Analyst Extension for Windows/Windows NT License Qty.6—25 (each) ArcView Tracking Analyst Extension for Windows/Windows NT License Qty.26+(each) ArcView Spatial Analyst Extension for Windows/Windows NT Single Use License Qty. 1 —5 (each) ArcView Spatial Analyst Extension for Windows/Windows NT Single Use License Qty. 6—25 (each) ArcView Spatial Analyst Extension for Windows/Windows NT Single Use License Qty. 26+(each) ArcView 3D Analyst Extension for Windows/Windows NT Single Use License Qty.1 —5 (each) ArcView 3D Analyst Extension for Windows/Windows NT Single Use License Qty.6—25 (each) ArcView 3D Analyst Extension for Windows/Windows NT Single Use License Qty.26+ (each) ArcView StreetMap ArcView StreetMap 1.x for Windows/Windows NT License (US data) ArcGIS Engine Runtime Licenses ArcGIS Engine Runtime Concurrent Use License ArcGIS Engine Runtime Single Use License ArcGIS Engine Runtime Extensions Single Use Licenses ArcGIS Engine Runtime 3D Extension Single Use License ArcGIS Engine Runtime Spatial Extension Single Use License ArcGIS Engine Runtime Geodatabase Update Extension Single Use License ArcGIS Engine Runtime Network Extension Single Use License ArcGIS Engine Runtime Schematics Extension Single Use License ArcGIS Engine Runtime Tracking Extension Single Use License ArcGIS Engine Runtime Maplex Extension Single Use License ArcGIS Engine Runtime Data Interoperability Extension Single Use License ArcGIS Engine Runtime Extensions Concurrent Use Licenses ArcGIS Engine Runtime 3D Extension Concurrent Use License ArcGIS Engine Runtime Spatial Extension Concurrent Use License ArcGIS Engine Runtime Geodatabase Update Extension Concurrent Use License ArcGIS Engine Runtime Network Extension Concurrent Use License ArcGIS Engine Runtime Schematics Extension Concurrent Use License ArcGIS Engine Runtime Tracking Extension Concurrent Use License ArcGIS Engine Runtime Maplex Extension Concurrent Use License ArcGIS Engine Runtime Data Interoperability Extension Concurrent Use License ArcGIS Engine Runtime Maintenance Maintenance for ArcGIS Engine Runtime Single Use License (without extensions) Maintenance for ArcGIS Engine Runtime Single Use License (with extensions) Primary Maintenance for ArcGIS Engine Runtime Concurrent Use License Secondary Maintenance for ArcGIS Engine Runtime Concurrent Use License Primary Maintenance for ArcGIS Engine Runtime 3D Extension Concurrent Use License Secondary Maintenance for ArcGIS Engine Runtime 3D Extension Concurrent Use License Primary Maintenance for ArcGIS Engine Runtime Spatial Analyst Extension Concurrent Use License Secondary Maintenance for ArcGIS Engine Runtime Spatial Analyst Extension Concurrent Use License $900.00 $1,420.00 $1,346.00 $1,196.00 $1,420.00 $1,346.00 $1,196.00 $2,370.00 $2,246.00 $1,996.00 $2,370.00 $2,246.00 $1,996.00 $470.00 $1,188.00 $475.00 $950.00 $950.00 $950.00 $950.00 $950.00 $950.00 $950.00 $950.00 $950.00 $950.00 $950.00 $950.00 $950.00 $950.00 $950.00 $950.00 $100.00 $400.00 $250.00 $185.00 $200.00 $150.00 $200.00 $150.00 E416 Page 6 of 32 Esri Proprietary and Confidential Information 10/12/2011 295 Primary Maintenance for ArcGIS Engine Runtime Geodatabase (GDB)Update Extension Concurrent Use License Secondary Maintenance for ArcGIS Engine Runtime Geodatabase (GDB)Update Extension Concurrent Use License Primary Maintenance for ArcGIS Engine Runtime Maplex for ArcGIS Extension Concurrent Use License Secondary Maintenance for ArcGIS Engine Runtime Maplex for ArcGIS Extension Concurrent Use License Primary Maintenance for ArcGIS Engine Runtime Schematics for ArcGIS Extension Concurrent Use License Secondary Maintenance for ArcGIS Engine Runtime Schematics for ArcGIS Extension Concurrent Use License Primary Maintenance for ArcGIS Engine Runtime Network Analyst Extension Concurrent Use License Secondary Maintenance for ArcGIS Engine Runtime Network Analyst Extension Concurrent Use License Primary Maintenance for ArcGIS Engine Runtime Tracking Analyst Extension Concurrent Use License Secondary Maintenance for ArcGIS Engine Runtime Tracking Analyst Extension Concurrent Use License Primary Maintenance for ArcGIS Engine Runtime Data Interoperability Extension Concurrent Use License Secondary Maintenance for ArcGIS Engine Runtime Data Interoperability Extension Concurrent Use License ArcGIS Server ArcGIS Server —Advanced Enterprise ArcGIS Server Advanced Enterprise (up to four cores) Annual Maintenance forArcGIS Server Advanced Enterprise (up to four cores) ArcGIS Server Advanced Enterprise (additional cores) Annual Maintenance forArcGIS Server Advanced Enterprise (additional cores) Standard Enterprise ArcGIS Server Standard Enterprise (up to four cores) Annual Maintenance forArcGIS Server Standard Enterprise (up to four cores) ArcGIS Server Standard Enterprise (additional cores) Annual Maintenance forArcGIS Server Standard Enterprise (additional cores) Basic Enterprise ArcGIS Server Basic Enterprise (up to four cores) Annual Maintenance forArcGIS Server Basic Enterprise (up to four cores) ArcGIS Server Basic Enterprise (additional cores) Annual Maintenance forArcGIS Server Basic Enterprise (additional cores) Workgroup ArcGIS Server Advanced Workgroup (up to two cores) Annual Maintenance forArcGIS Server Advanced Workgroup (up to two cores) ArcGIS Server Advanced Workgroup (additional cores —maximum four cores per server) Annual Maintenance forArcGIS Server Advanced Workgroup (additional cores— maximum four cores per server) ArcGIS Server Standard Workgroup (up to two cores) Annual Maintenance forArcGIS Server Standard Workgroup (up to two cores) ArcGIS Server Standard Workgroup (additional core —maximum four cores per server) Annual Maintenance forArcGIS Server Standard Workgroup (additional cores— maximum four cores per server) ArcGIS Server Basic Workgroup (price per server [core pricing does not apply]- minimum two cores/maximum four cores) $200.00 $150.00 $200.00 $150.00 $200.00 $150.00 $200.00 $150.00 $200.00 $150.00 $200.00 $150.00 $38,000.00 $10,000.00 $9,500.00 $2,500.00 $19,000.00 $5,000.00 $4,750.00 $1,250.00 $9,500.00 $3,000.00 $2,375.00 $750.00 $9,500.00 $2,500.00 $4,750.00 $1,250.00 $4,750.00 $1,250.00 $2,375.00 $625.00 $4,750.00 E416 Page 7 of 32 Esri Proprietary and Confidential Information 10/12/2011 296 Annual Maintenance forArcGIS Server Basic Workgroup—(price per server [core pricing does not apply]—minimum two cores/maximum four cores) ArcGIS Server Enterprise Extensions ArcGIS Server Advanced Enterprise Data Interoperability Extension for Windows License (up to four cores) ArcGIS Server Advanced Enterprise Image Extension forWindows License (up to four cores) ArcGIS Server Advanced Enterprise Workflow Manager Extension for Windows License (up to four cores) ArcGIS Server Advanced Enterprise Schematics Extension for Windows License (up to four cores) Annual Maintenance forArcGIS Server Advanced Enterprise Data Interoperability Extension for Windows (up to four cores) Annual Maintenance forArcGIS Server Advanced Enterprise Image Extension for Windows (up to four cores) Annual Maintenance forArcGIS Server Advanced Enterprise Workflow Manager Extension for Windows (up to four cores) Annual Maintenance forArcGIS Server Advanced Enterprise Schematics Extension for Windows (up to four cores) ArcGIS Server Standard Enterprise Data Interoperability Extension (up to four cores) ArcGIS Server Standard Enterprise Workflow Manager Extension (up to four cores) ArcGIS Server Standard Enterprise Network Extension (up to four cores) ArcGIS Server Standard Enterprise Image Extension (up to four cores) Annual Maintenance forArcGIS Server Standard Enterprise Data Interoperability Extension (up to four cores) Annual Maintenance forArcGIS Server Standard Enterprise Workflow Manager Extension (up to four cores) Annual Maintenance forArcGIS Server Standard Enterprise Network Extension (up to four cores) Annual Maintenance forArcGIS Server Standard Enterprise Image Extension (up to four cores) ArcGIS Server Advanced Enterprise Data Interoperability Extension (additional cores) ArcGIS Server Advanced Enterprise Image Extension (additional cores) ArcGIS Server Advanced Enterprise Workflow Manager Extension (additional cores) ArcGIS Server Advanced Enterprise Schematics Extension (additional cores) Annual Maintenance forArcGIS Server Advanced Enterprise Data Interoperability Extension (additional cores) Annual Maintenance forArcGIS Server Advanced Enterprise Image Extension (additional cores) Annual Maintenance forArcGIS Server Advanced Enterprise Workflow Manager Extension (additional cores) Annual Maintenance forArcGIS Server Advanced Enterprise Schematics Extension (additional cores) ArcGIS Server Standard Enterprise Data Interoperability Extension (additional cores) ArcGIS Server Standard Enterprise Workflow Manager Extension (additional cores) ArcGIS Server Standard Enterprise Network Extension (additional cores) ArcGIS Server Standard Enterprise Image Extension (additional cores) Annual Maintenance forArcGIS Server Standard Enterprise Data Interoperability Extension (additional cores) Annual Maintenance forArcGIS Server Standard Enterprise Workflow Manager Extension (additional cores) Annual Maintenance forArcGIS Server Standard Enterprise Network Extension (additional cores) Annual Maintenance forArcGIS Server Standard Enterprise Image Extension (additional cores) ArcGIS Server Workgroup Extensions $1,250.00 $9,500.00 $9,500.00 $9,500.00 $9,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $9,500.00 $9,500.00 $9,500.00 $9,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $625.00 $625.00 $625.00 $625.00 $2,375.00 $2,375.00 $2,375.00 $2,375.00 $625.00 $625.00 $625.00 $625.00 E416 Page 8 of 32 Esri Proprietary and Confidential Information 10/12/2011 297 ArcGIS Server Advanced Workgroup Data Interoperability Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) ArcGIS Server Advanced Workgroup Workflow Manager Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) ArcGIS Server Advanced Workgroup Schematics Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) ArcGIS Server Advanced Workgroup Image Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) Annual Maintenance forArcGIS Server Advanced Workgroup Data Interoperability Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) Annual Maintenance forArcGIS Server Advanced Workgroup Workflow Manager Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) Annual Maintenance forArcGIS Server Advanced Workgroup Schematics Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) Annual Maintenance forArcGIS Server Advanced Workgroup Image Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) ArcGIS Server Standard Workgroup Data Interoperability Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) ArcGIS Server Standard Workgroup Workflow Manager Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) ArcGIS Server Standard Workgroup Network Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) ArcGIS Server Standard Workgroup Image Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) Annual Maintenance forArcGIS Server Standard Workgroup Data Interoperability Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) Annual Maintenance forArcGIS Server Standard Workgroup Workflow Manager Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) Annual Maintenance forArcGIS Server Standard Workgroup Network Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) Annual Maintenance forArcGIS Server Standard Workgroup Image Extension (licensed per ArcGIS Workgroup Server —up to four cores/maximum four cores) ArcGIS Server Upgrades ArcGIS Server Upgrades —Enterprise to Enterprise ArcGIS Server Basic Enterprise Upgrade to Standard Enterprise (up to four cores) ArcGIS Server Basic Enterprise Upgrade to Advanced Enterprise (up to four cores) ArcGIS Server Standard Enterprise Upgrade to Advanced Enterprise (up to four cores) ArcGIS Server Basic Enterprise Additional Cores Upgrade to Standard Enterprise License ArcGIS Server Basic Enterprise Additional Cores Upgrade to Advanced Enterprise License ArcGIS Server Standard Enterprise Additional Cores Upgrade to Advanced Enterprise License ArcGIS Server Upgrades —Workgroup to Workgroup ArcGIS Server Basic Workgroup Upgrade to Standard Workgroup (up to four cores) ArcGIS Server Basic Workgroup Upgrade to Advanced Workgroup (up to four cores) ArcGIS Server Standard Workgroup Upgrade Advanced Workgroup (up to two cores) ArcGIS Server Standard Workgroup Additional Cores Upgrade to Advanced Workgroup ArcGIS Server Upgrades —Workgroup to Enterprise ArcGIS Server Basic Workgroup Upgrade to Basic Enterprise (up to four cores) $4,750.00 $4,750.00 $4,750.00 $4,750.00 $1,250.00 $1,250.00 $1,250.00 $1,250.00 $4,750.00 $4,750.00 $4,750.00 $4,750.00 $1,250.00 $1,250.00 $1,250.00 $1,250.00 $9,500.00 $28,500.00 $19,000.00 $2,375.00 $7,125.00 $4,750.00 $4,750.00 $14,250.00 $4,750.00 $2,375.00 $4,750.00 E416 Page 9 of 32 Esri Proprietary and Confidential Information 10/12/2011 298 ArcGIS Server Basic Workgroup Upgrade to Standard Enterprise (up to four cores) ArcGIS Server Basic Workgroup Upgrade to Advanced Enterprise (up to four cores) ArcGIS Server Standard Workgroup Upgrade to Standard Enterprise (up to four cores) ArcGIS Server Standard Workgroup Upgrade to Advanced Enterprise (up to four cores) ArcGIS Server Advanced Workgroup Upgrade to Advanced Enterprise (up to four cores) ArcGIS Server Standard Enterprise for Windows Up to Four Cores Upgrade from Standard Workgroup Up to Two Cores ArcGIS Server Advanced Enterprise for Windows Up to Four Cores Upgrade from Standard Workgroup Up to Two Cores ArcGIS Server Standard Enterprise for Windows Up to Four Cores Upgrade from Advanced Workgroup Up to Two Cores ArcGIS Server Advanced Enterprise for Windows Up to Four Cores Upgrade from Advanced Workgroup Up to Two Cores ArcGIS Server —Enterprise (Staging Server) Advanced Enterprise (Staging Server) ArcGIS Server Staging Server Advanced Enterprise (up to four cores) Annual Maintenance forArcGIS Server Staging Server Advanced Enterprise (up to four cores) ArcGIS Server Staging Server Advanced Enterprise (additional cores) Annual Maintenance forArcGIS Server Staging Server Advanced Enterprise (additional cores) Standard Enterprise (Staging Server) ArcGIS Server Staging Server Standard Enterprise (up to four cores) Annual Maintenance forArcGIS Server Staging Server Standard Enterprise (up to four cores) ArcGIS Server Staging Server Standard Enterprise (additional cores) Annual Maintenance forArcGIS Server Staging Server Standard Enterprise (additional cores) Basic Enterprise (Staging Server) ArcGIS Server Staging Server Basic Enterprise (up to four cores) Annual Maintenance forArcGIS Server Staging Server Basic Enterprise (up to four cores) ArcGIS Server Staging Server Basic Enterprise (additional cores) Annual Maintenance forArcGIS Server Staging Server Basic Enterprise (additional cores) ArcGIS Server Extensions (Staging Server) ArcGIS Server Staging Server Advanced Enterprise Data Interoperability Extension (up to four cores) ArcGIS Server Staging Server Advanced Enterprise Image Extension (up to four cores) ArcGIS Server Staging Server Advanced Enterprise Workflow Manager Extension (up to four cores) ArcGIS Server Staging Server Advanced Enterprise Schematics Extension (up to four cores) Annual Maintenance forArcGIS Server Staging Server Advanced Enterprise Data Interoperability Extension (up to four cores) Annual Maintenance forArcGIS Server Staging Server Advanced Enterprise Image Extension (up to four cores) Annual Maintenance forArcGIS Server Staging Server Advanced Enterprise Workflow Manager Extension (up to four cores) Annual Maintenance forArcGIS Server Staging Server Advanced Enterprise Schematics Extension (up to four cores) ArcGIS Server Staging Server Advanced Enterprise Data Interoperability Extension (additional cores) ArcGIS Server Staging Server Advanced Enterprise Image Extension (additional cores) $14,250.00 $33,250.00 $9,500.00 $28,500.00 $19,000.00 $14,250.00 $33,250.00 $9,500.00 $28,500.00 $19,344.00 $5,000.00 $4,836.00 $1,250.00 $9,672.00 $2,500.00 $2,418.00 $625.00 $4,836.00 $1,500.00 $1,209.00 $375.00 $4,836.00 $4,836.00 $4,836.00 $4,836.00 $1,250.00 $1,250.00 $1,250.00 $1,250.00 $1,209.00 $1,209.00 E416 Page 10 of32 Esri Proprietary and Confidential Information 10/12/2011 299 ArcGIS Server Staging Server Advanced Enterprise ArcGIS Workflow Manager Extension (additional cores) ArcGIS Server Staging Server Advanced Enterprise Schematics Extension (additional cores) Annual Maintenance forArcGIS Server Staging Server Advanced Enterprise Data Interoperability Extension (additional cores) Annual Maintenance forArcGIS Server Staging Server Advanced Enterprise Image Extension (additional cores) Annual Maintenance forArcGIS Server Staging Server Advanced Enterprise Workflow Manager Extension (additional cores) Annual Maintenance forArcGIS Server Staging Server Advanced Enterprise Schematics Extension (additional cores) ArcGIS Server Staging Server Standard Enterprise Data Interoperability Extension (up to four cores) ArcGIS Server Staging Server Standard Enterprise Workflow Manager Extension (up to four cores) ArcGIS Server Staging Server Standard Enterprise Network Extension (up to four cores) ArcGIS Server Staging Server Standard Enterprise Image Extension (up to four cores) Annual Maintenance forArcGIS Server Staging Server Standard Enterprise Data Interoperability Extension (up to four cores) Annual Maintenance forArcGIS Server Staging Server Standard Enterprise Workflow Manager Extension (up to four cores) Annual Maintenance forArcGIS Server Staging Server Standard Enterprise Network Extension (up to four cores) Annual Maintenance forArcGIS Server Staging Server Standard Enterprise Image Extension (up to four cores) ArcGIS Server Staging Server Standard Enterprise Data Interoperability Extension (additional cores) ArcGIS Server Staging Server Standard Enterprise Workflow Manager Extension (additional cores) ArcGIS Server Staging Server Standard Enterprise Network Extension (additional cores) ArcGIS Server Staging Server Standard Enterprise Image Extension (additional cores) Annual Maintenance forArcGIS Server Staging Server Standard Enterprise Data Interoperability Extension (additional cores) Annual Maintenance forArcGIS Server Staging Server Standard Enterprise Workflow Manager Extension (additional cores) Annual Maintenance forArcGIS Server Staging Server Standard Enterprise Network Extension (additional cores) Annual Maintenance forArcGIS Server Staging Server Standard Enterprise Image Extension (additional cores) 5 ArcGIS Server Staging Server Upgrades ArcGIS Server Staging Server Basic Enterprise Upgrade to Standard Enterprise (up to four cores) ArcGIS Server Staging Server Basic Enterprise Upgrade to Advanced Enterprise (up to four cores) ArcGIS Server Staging Server Standard Enterprise Upgrade to Advanced Enterprise (up to four cores) ArcGIS Server Staging Server Basic Enterprise Upgrade to Standard Enterprise (additional cores) ArcGIS Server Staging Server Basic Enterprise Upgrade to Advanced Enterprise (additional cores) ArcGIS Server Staging Server Standard Enterprise Upgrade to Advanced Enterprise (additional cores) 5 ArcGIS Server Enterprise Term Licenses ArcGIS Server Advanced Enterprise (up to four cores)30—Day Term License ArcGIS Server Advanced Enterprise (up to four cores)90—Day Term License $1,209.00 $1,209.00 $313.00 $313.00 $313.00 $313.00 $4,836.00 $4,836.00 $4,836.00 $4,836.00 $1,250.00 $1,250.00 $1,250.00 $1,250.00 $1,209.00 $1,209.00 $1,209.00 $1,209.00 $313.00 $313.00 $313.00 $313.00 $4,750.00 $14,250.00 $9,500.00 $1,188.00 $3,563.00 $2,375.00 $4,700.00 $12,000.00 E416 Page 11 of32 Esri Proprietary and Confidential Information 10/12/2011 300 ArcGIS Server Advanced Enterprise (up to four cores)365 —Day Term License ArcGIS Server Standard Enterprise (up to four cores)30—Day Term License ArcGIS Server Standard Enterprise (up to four cores)90—Day Term License ArcGIS Server Standard Enterprise (up to four cores)365—Day Term License ArcGIS Server Basic Enterprise (up to four cores)30—Day Term License ArcGIS Server Basic Enterprise (up to four cores)90 —Day Term License ArcGIS Server Basic Enterprise (up to four cores)365—Day Term License ArcGIS Server Workgroup Term Licensing ArcGIS Server Advanced Workgroup (up to four cores)30—Day Term License ArcGIS Server Advanced Workgroup (up to four cores)90—Day Term License ArcGIS Server Advanced Workgroup (up to four cores)365 —Day Term License ArcGIS Server Standard Workgroup (up to four cores)30—Day Term License ArcGIS Server Standard Workgroup (up to four cores)90—Day Term License ArcGIS Server Standard Workgroup (up to four cores)365 —Day Term License ArcGIS Server Basic Workgroup (maximum four cores)30—Day Term License ArcGIS Server Basic Workgroup (maximum four cores)90—Day Term License ArcGIS Server Basic Workgroup (maximum four cores)365—Day Term License ArcGIS Server Enterprise Extensions Term Licenses ArcGIS Server Advanced Enterprise Data Interoperability Extension (up to four cores) 30—Day Term License ArcGIS Server Advanced Enterprise Data Interoperability Extension (up to four cores) 90—Day Term License ArcGIS Server Advanced Enterprise Data Interoperability Extension (up to four cores) 365 —Day Term License ArcGIS Server Advanced Enterprise Schematics Extension (up to four cores)30—Day Term License ArcGIS Server Advanced Enterprise Schematics Extension (up to four cores)90—Day Term License ArcGIS Server Advanced Enterprise Schematics Extension (up to four cores)365 —Day Term License ArcGIS Server Advanced Enterprise Image Extension (up to four cores)30—Day Term License ArcGIS Server Advanced Enterprise Image Extension (up to four cores)90—Day Term License ArcGIS Server Advanced Enterprise Image Extension (up to four cores)365—Day Term License ArcGIS Server Advanced Enterprise Workflow Manager (up to four cores)30 —Day Term License ArcGIS Server Advanced Enterprise Workflow Manager (up to four cores)90 —Day Term License ArcGIS Server Advanced Enterprise Workflow Manager (up to four cores)365—Day Term License ArcGIS Server Standard Enterprise Data Interoperability Extension (up to four cores) 30—Day Term License ArcGIS Server Standard Enterprise Data Interoperability Extension (up to four cores) 90—Day Term License ArcGIS Server Standard Enterprise Data Interoperability Extension (up to four cores) 365 —Day Term License ArcGIS Server Standard Enterprise Image Extension (up to four cores)30—Day Term License ArcGIS Server Standard Enterprise Image Extension (up to four cores)90—Day Term License ArcGIS Server Standard Enterprise Image Extension (up to four cores)365 —Day Term License ArcGIS Server Standard Enterprise Workflow Manager (up to four cores)30 —Day Term $24,000.00 $2,300.00 $6,000.00 $12,000.00 $1,200.00 $3,000.00 $6,000.00 $2,300.00 $6,000.00 $12,000.00 $1,200.00 $3,000.00 $6,000.00 $600.00 $1,500.00 $3,000.00 $1,200.00 $3,000.00 $6,000.00 $1,200.00 $3,000.00 $6,000.00 $1,200.00 $3,000.00 $6,000.00 $1,200.00 $3,000.00 $6,000.00 $1,200.00 $3,000.00 $6,000.00 $1,200.00 $3,000.00 $6,000.00 $1,200.00 E416 Page 12 of32 Esri Proprietary and Confidential Information 10/12/2011 301 License ArcGIS Server Standard Enterprise Workflow Manager (up to four cores)90—Day Term License ArcGIS Server Standard Enterprise Workflow Manager (up to four cores)365 —Day Term License ArcGIS Server Standard Enterprise Network Extension (up to four cores)30—Day Term License ArcGIS Server Standard Enterprise Network Extension (up to four cores)90—Day Term License ArcGIS Server Standard Enterprise Network Extension (up to four cores)365 —Day Term License 5 AArcllServer Workgroup Extensions Term Licenses ArcGIS Server Advanced Workgroup Data Interoperability Extension (up to four cores) 30—Day Term License ArcGIS Server Advanced Workgroup Data Interoperability Extension (up to four cores) 90—Day Term License ArcGIS Server Advanced Workgroup Data lnteroperability Extension (up to four cores) 365 —Day Term License ArcGIS Server Advanced Workgroup Schematics Extension (up to four cores)30—Day Term License ArcGIS Server Advanced Workgroup Schematics Extension (up to four cores)90—Day Term License ArcGIS Server Advanced Workgroup Schematics Extension (up to four cores)365 —Day Term License ArcGIS Server Advanced Workgroup Image Extension (up to four cores)30—Day Term License ArcGIS Server Advanced Workgroup Image Extension (up to four cores)90—Day Term License ArcGIS Server Advanced Workgroup Image Extension (up to four cores)365 —Day Term License ArcGIS Server Advanced Workgroup Workflow Manager (up to four cores)30 —Day Term License ArcGIS Server Advanced Workgroup Workflow Manager (up to four cores)90 —Day Term License ArcGIS Server Advanced Workgroup Workflow Manager (up to four cores)365 —Day Term License ArcGIS Server Standard Workgroup Data Interoperability Extension (up to four cores) 30—Day Term License ArcGIS Server Standard Workgroup Data Interoperability Extension (up to four cores) 90—Day Term License ArcGIS Server Standard Workgroup Data Interoperability Extension (up to four cores) 365 —Day Term License ArcGIS Server Standard Workgroup Image Extension (up to four cores)30—Day Term License ArcGIS Server Standard Workgroup Image Extension (up to four cores)90—Day Term License ArcGIS Server Standard Workgroup Image Extension (up to four cores)365 —Day Term License ArcGIS Server Standard Workgroup Workflow Manager (up to four cores)30—Day Term License ArcGIS Server Standard Workgroup Workflow Manager (up to four cores)90—Day Term License ArcGIS Server Standard Workgroup Workflow Manager (up to four cores)365 —Day Term License ArcGIS Server Standard Workgroup Network Extension (up to four cores)30—Day Term License ArcGIS Server Standard Workgroup Network Extension (up to four cores)90—Day Term $3,000.00 $6,000.00 $1,200.00 $3,000.00 $6,000.00 $600.00 $1,500.00 $3,000.00 $600.00 $1,500.00 $3,000.00 $600.00 $1,500.00 $3,000.00 $600.00 $1,500.00 $3,000.00 $600.00 $1,500.00 $3,000.00 $600.00 $1,500.00 $3,000.00 $600.00 $1,500.00 $3,000.00 $600.00 $1,500.00 E416 Page 13 of32 Esri Proprietary and Confidential Information 10/12/2011 302 License ArcGIS Server Standard Workgroup Network Extension (up to four cores)365 —Day Term License ArclMS ArclMS Full Use Deployment (up to two cores) ArclMS Full Use Deployment (additional core —maximum four cores per server) ArclMS Full Use Deployment (up to two cores)Maintenance ArclMS Full Use Deployment (additional core)Maintenance ArclMS Staging Server ArclMS Full Use Deployment Staging Server (up to two cores) ArclMS Full Use Deployment Staging Server (additional cores —maximum four cores per server) ArclMS Full Use Deployment Staging Server (up to two cores)Maintenance ArclMS Full Use Deployment Staging Server (additional cores)Maintenance Business Applications Software Esri Business Analyst Desktop —Single Use Licenses Esri Business Analyst (National Dataset)Software and Data License and One Year Maintenance (per license) Esri Business Analyst (One Region Dataset)Software and Data License and One Year Maintenance (per license) Esri Business Analyst (One State Dataset)Software and Data License and One Year Maintenance (per license) Esri Business Analyst Desktop —Concurrent Use Licenses Esri Business Analyst (National Dataset)Software and Data License and One Year Maintenance (per license) Esri Business Analyst (One Region Dataset)Software and Data License and One Year Maintenance (per license) Esri Business Analyst (One State Dataset)Software and Data License and One Year Maintenance (per license) Esri Business Analyst Desktop Maintenance -Concurrent Use and Single Use Annual Maintenance for Esri Business Analyst (National Dataset)Software License (per license) Annual Maintenance for Esri Business Analyst (One Region Dataset)Software License and One Year Maintenance (per license) Annual Maintenance for Esri Business Analyst (One State Dataset)Software License and One Year Maintenance (per license) Esri Business Analyst Desktop Premium —Concurrent Use Licenses Esri Business Analyst Desktop Premium —National Concurrent Use License Esri Business Analyst Desktop Premium —Regional Concurrent Use License Esri Business Analyst Desktop Premium —State Concurrent Use License Esri Business Analyst Desktop Premium —Single Use Licenses Esri Business Analyst Desktop Premium —National Single Use License Esri Business Analyst Desktop Premium —Regional Single Use License Esri Business Analyst Desktop Premium —State Single Use License Annual Maintenance for Esri Business Analyst Desktop Premium —Concurrent Use and Single Use Annual Maintenance for Esri Business Analyst Desktop Premium —National Concurrent Use and Single Use Annual Maintenance for Esri Business Analyst Desktop Premium —Regional Concurrent Use and Single Use Annual Maintenance for Esri Business Analyst Desktop Premium —State Concurrent Use and Single Use Esri Business Analyst Desktop Canadian Edition $3,000.00 $4,750.00 $2,375.00 $1,000.00 $500.00 $2,375.00 $1,188.00 $500.00 $250.00 $17,570.00 $12,820.00 $8,070.00 $17,570.00 $12,820.00 $8,070.00 $14,795.00 $10,795.00 $6,795.00 $38,945.00 $28,016.00 $17,485.00 $38,945.00 $28,016.00 $17,485.00 $32,795.00 $23,590.00 $14,720.00 E416 Page 14 of32 Esri Proprietary and Confidential Information 10/12/2011 303 Esri Business Analyst Desktop Canadian Edition Basic (Standard National Dataset) SoRware and Data License and One Year Maintenance Single Use (per license) Esri Business Analyst Desktop Canadian Edition Basic (Standard National Dataset) SoRware and Data License and One Year Maintenance Concurrent Use (per license) Esri Business Analyst Desktop Canadian Edition Basic (Enhanced National Dataset) SoRware and Data License and One Year Maintenance Single Use (per license) Esri Business Analyst Desktop Canadian Edition Basic (Enhanced National Dataset) SoRware and Data License and One Year Maintenance Concurrent Use (per license) Annual Maintenance for Esri Business Analyst Desktop Canadian Edition Basic (Standard National Dataset)Software and Data License and One Year Maintenance (per license) Annual Maintenance for Esri Business Analyst Desktop Canadian Edition Basic (Enhanced National Dataset)Software and Data License and One Year Maintenance (per license) Esri Business Analyst Server Esri Business Analyst Server Advanced Enterprise Esri Business Analyst Server Advanced Enterprise (includes ArcGIS Server)(up to four cores) Esri Business Analyst Server Advanced Enterprise (includes ArcGIS Server)(additional core) Esri Business Analyst Server Advanced Enterprise (includes ArcGIS Server)(up to four cores)Maintenance Esri Business Analyst Server Advanced Enterprise (includes ArcGIS Server)(additional core)Maintenance Esri Business Analyst Server Advanced Workgroup Esri Business Analyst Server Advanced Workgroup (per server —minimum two cores, maximum four cores) Annual Maintenance for Esri Business Analyst Server Advanced Workgroup (per server—minimum two cores,maximum four cores) Esri Business Analyst Server -Staging Server Esri Business Analyst Server Staging Server Advanced Enterprise (includes ArcGIS Server)(up to four cores) Esri Business Analyst Server Staging Server Advanced Enterprise (includes ArcGIS Server)(additional core) Annual Maintenance for Esri Business Analyst Server Staging Server Advanced Enterprise (includes ArcGIS Server)(up to four cores) Annual Maintenance for Esri Business Analyst Server Advanced Enterprise (includes ArcGIS Server)(additional core) Esri Business Analyst Online Esri Business Analyst Online—Basic 12-Month Subscription Esri Business Analyst Online—Standard 12-Month Subscription Esri Business Analyst Online—Standard Plus 12-Month Subscription Esri Community Analyst Esri Community Analyst Basic —Single-User Subscription Esri Community Analyst Basic —3-User Subscription Esri Community Analyst Basic —5-User Subscription Esri Community Analyst Basic—10-User Subscription Esri Community Analyst Standard —Single-User Subscription Esri Community Analyst Standard —3-User Subscription Esri Community Analyst Standard —5-User Subscription Esri Community Analyst Standard —10-User Subscription Esri Community Analyst Standard Plus —Single-User Subscription Esri Community Analyst Standard Plus —3-User Subscription Esri Community Analyst Standard Plus —5-User Subscription $31,208.00 $31,208.00 $47,453.00 $47,453.00 $26,280.00 $39,960.00 $142,500.00 $35,625.00 $100,000.00 $25,000.00 $71,250.00 $50,000.00 $36,270.00 $9,068.00 $25,000.00 $6,250.00 $945.00 $2,370.00 $3,795.00 $945.00 $1,420.00 $1,895.00 $2,845.00 $2,370.00 $3,605.00 $4,745.00 $7,120.00 $3,795.00 $5,695.00 $7,595.00 E416 Page 15 of32 Esri Proprietary and Confidential Information 10/12/2011 304 10 10 10 Esri Community Analyst Standard Plus —10-User Subscription Tracking Server Tracking Server for Windows (up to two cores) Tracking Server for Windows (additional core) Annual Maintenance for Tracking Server (up to two cores) Annual Maintenance for Tracking Server (additional core) Tracking Server (Staging Servers) Tracking Server Staging Server for Windows (up to two cores) Tracking Server Staging Server for Windows (additional core) Annual Maintenance for Tracking Server Staging Server (up to two cores) Annual Maintenance for Tracking Server Staging Server (additional cores) ArcLogistics Desktop ArcLogistics Single Use License ArcLogistics Single Use Annual Maintenance ArcLogistics Tele Atlas Street Data North America —Single Use ArcLogistics NAVTEQ Street Data North America —Single Use ArcLogistics Tele Atlas Street Data Europe —Single Use ArcLogistics NAVTEQ Street Data Europe —Single Use ArcLogistics Tele Atlas Street Data North America —Single Use Annual Maintenance ArcLogistics NAVTEQ Street Data North America —Single Use Annual Maintenance ArcLogistics Tele Atlas Street Data Europe —Single Use Annual Maintenance ArcLogistics NAVTEQ Street Data Europe —Single Use Annual Maintenance ArcLogistics Navigator ArcLogistics Navigator—Single Use License (5—pack bundle) ArcLogistics Navigator—NAVTEQ North America Data —Single Use License (5—pack bundle) ArcLogistics Navigator—NAVTEQ Europe Data—Single Use License (5—pack bundle) ArcLogistics Navigator—Tele Atlas North America Data—Single Use License (5—pack bundle) ArcLogistics Navigator—Tele Atlas Europe Data —Single Use License (5—pack bundle) Annual Maintenance forArcLogistics Navigator—Single Use License (5—pack bundle) Annual Maintenance forArcLogistics Navigator—NAVTEQ North America Data —Single Use License (5—pack bundle) Annual Maintenance forArcLogistics Navigator—NAVTEQ Europe Data —Single Use License (5—pack bundle) Annual Maintenance forArcLogistics Navigator—Tele Atlas North America Data —Single Use License (5—pack bundle) Annual Maintenance forArcLogistics Navigator—Tele Atlas Europe Data —Single Use License (5—pack bundle) ArcLogistics Using ArcGIS Online ArcLogistics Using ArcGIS Online—Annual Fee (up to 5 vehicles) ArcLogistics Using ArcGIS Online—Annual Fee (up to 10 vehicles) ArcLogistics Using ArcGIS Online—Annual Fee (up to 20 vehicles) ArcLogistics Using ArcGIS Online—Annual Fee (up to 50 vehicles) ArcLogistics Using ArcGIS Online—Monthly Fee (up to 5 vehicles) ArcLogistics Using ArcGIS Online—Monthly Fee (up to 10 vehicles) ArcLogistics Using ArcGIS Online—Monthly Fee (up to 20 vehicles) ArcLogistics Using ArcGIS Online—Monthly Fee (up to 50 vehicles) Address Coder Address Coder Standard National (per user license) Address Coder Standard Regional (per user license) Address Coder Standard State (per user license) Annual Maintenance forAddress Coder Standard National (per user license) $11,395.00 $9,672.00 $4,836.00 $2,500.00 $1,250.00 $4,836.00 $2,418.00 $1,250.00 $625.00 $7,600.00 $1,600.00 $2,200.00 $2,200.00 $2,200.00 $2,200.00 $1,600.00 $1,600.00 $1,600.00 $1,600.00 $950.00 $400.00 $600.00 $400.00 $600.00 $200.00 $300.00 $500.00 $300.00 $500.00 $1,000.00 $2,000.00 $3,500.00 $4,500.00 $100.00 $200.00 $350.00 $450.00 $8,550.00 $6,175.00 $3,420.00 $7,200.00 E416 Page 16 of32 Esri Proprietary and Confidential Information 10/12/2011 305 12 12 12 13 13 Annual Maintenance forAddress Coder Standard Regional (per user license) Annual Maintenance forAddress Coder Standard State (per user license) Address Coder Premium National (per user license) Address Coder Premium Regional (per user license) Address Coder Premium State (per user license) Annual Maintenance forAddress Coder Premium National (per user license) Annual Maintenance forAddress Coder Premium Regional (per user license) Annual Maintenance for Address Coder Premium State (per user license) Tapestry Add-on National (per user license) Tapestry Add-on Regional (per user license) Tapestry Add-on State (per user license) Annual Maintenance for Tapestry Add-on National (per user license) Annual Maintenance for Tapestry Add-on Regional (per user license) Annual Maintenance for Tapestry Add-on State (per user license) Tapestry ZIP +4 Add-on National (per user license) Tapestry ZIP +4 Add-on Regional (per user license) Tapestry ZIP +4 Add-on State (per user license) Annual Maintenance for Tapestry ZIP +4 Add-on National (per user license) Annual Maintenance for Tapestry ZIP +4 Add-on Regional (per user license) Annual Maintenance for Tapestry ZIP +4 Add-on State (per user license) Other Software Maplt Maplt Deployment Server License (per server) Maplt Deployment Server License (per server)—Annual Maintenance Esri Mapping and Charting Esri Production Mapping Concurrent Use License Esri Production Mapping Single Use License Annual Maintenance for Esri Production Mapping Concurrent Use License Annual Maintenance for Esri Production Mapping Single Use License Esri Defense Mapping Concurrent Use License Esri Defense Mapping Single Use License Annual Maintenance for Esri Defense Mapping Concurrent Use License Annual Maintenance for Esri Defense Mapping Single Use License Esri Aeronautical Solution Concurrent Use License Esri Aeronautical Solution Single Use License Annual Maintenance for Esri Aeronautical Solution Concurrent Use License Annual Maintenance for Esri Aeronautical Solution Single Use License Esri Nautical Solution Concurrent Use License Esri Nautical Solution Single Use License Annual Maintenance for Esri Nautical Solution Concurrent Use License Annual Maintenance for Esri Nautical Solution Single Use License Mobile GIS ArcPad ArcPad Single Use License ArcPad Single Use License with ArcPad StreetMap Premium Tele Atlas Europe Street Data ArcPad with ArcPad StreetMap Premium Tele Atlas North America (USA and Canada) and Europe Street Data ArcPad with ArcPad StreetMap Premium Tele Atlas North America (USA and Canada) Street Data ArcPad Single Use License Annual Maintenance ArcPad 5.x/6.x/7.x Upgrade to 10 $5,200.00 $2,880.00 $14,250.00 $9,975.00 $5,700.00 $12,000.00 $8,400.00 $4,800.00 $9,120.00 $5,472.00 $3,648.00 $7,680.00 $4,608.00 $3,072.00 $22,800.00 $13,680.00 $9,120.00 $19,200.00 $11,520.00 $7,680.00 $4,275.00 $900.00 $9,500.00 $9,500.00 $2,500.00 $2,500.00 $9,500.00 $9,500.00 $2,500.00 $2,500.00 $9,500.00 $9,500.00 $2,500.00 $2,500.00 $9,500.00 $9,500.00 $2,500.00 $2,500.00 $665.00 $665.00 $665.00 $665.00 $250.00 $242.00 E416 Page 17 of32 Esri Proprietary and Confidential Information 10/12/2011 306 13 14 14 14 15 15 15 15 15 ArcPad with ArcPad StreetMap Premium Tele Atlas North America (USA and Canada) Street Data Upgrade ArcPad with ArcPad StreetMap Premium Tele Atlas Europe Street Data Upgrade ArcPad with ArcPad StreetMap Premium Tele Atlas North America (USA and Canada) and Europe Street Data Upgrade ArcGIS Mobile ArcGIS Mobile for ArcGIS Desktop or ArcGIS Engine —5 Deployment Pack License Annual Maintenance forArcGIS Mobile for ArcGIS Desktop or ArcGIS Engine —5 Deployment Pack License ArcGIS Mobile for ArcGIS Server Standard Enterprise or Advanced Workgroup—50 Deployment Pack License Annual Maintenance forArcGIS Mobile for ArcGIS Server Standard Enterprise or Advanced Workgroup—50 Deployment Pack License Esri Developer Network (EDN) Annual License for Esri Developer Network (EDN)without ArcView EDN with ArcView Single Use License Bundle (includes 3D Analyst,Spatial Analyst,and Network Analyst extensions) EDN with ArcEditor Single Use License Bundle (includes 3D Analyst,Spatial Analyst, and Network Analyst extensions) EDN with Arclnfo Desktop License Bundle (includes 3D Analyst,Spatial Analyst,and Network Analyst extensions) For Customers Who Already Subscribe to EDN Add-on ArcViewto a Current EDN Single Use License —One per EDN License Add-on ArcEditor to a Current EDN Single Use License —One per EDN License Add-on Arclnfo Desktop to a Current EDN Single Use License —One per EDN License Software Upgrades EDN with ArcView Upgrade to ArcEditor Single Use EDN with ArcView Upgrade to Arclnfo Desktop Concurrent Use EDN with ArcEditor Upgrade to Arclnfo Desktop Concurrent Use Technical Support (10 calls)for EDN Instructor-Led Training (5 days)for EDN ArcGIS Server with Cloud Infrastructure ArcGIS Server with Cloud Infrastructure —Annual Term Licenses ArcGIS Server Advanced Enterprise Annual Term License ArcGIS Server Standard Enterprise Annual Term License ArcGIS Server Basic Enterprise Annual Term License ArcGIS Server Extensions with Cloud Infrastructure —Annual Term Licenses ArcGIS Server Advanced Enterprise Workflow Manager Extension Annual License ArcGIS Server Standard Enterprise Workflow Manager Extension Annual License ArcGIS Server Advanced Enterprise Data Interoperability Extension Annual License ArcGIS Server Standard Enterprise Data Interoperability Extension Annual License ArcGIS Server Advanced Enterprise Image Extension Annual License ArcGIS Server Standard Enterprise Image Extension Annual License ArcGIS Server Advanced Enterprise Schematics Extension Annual License ArcGIS Server Standard Enterprise Network Extension Annual License ArcGIS Server with Cloud Infrastructure —Quarterly Term Licenses ArcGIS Server Advanced Enterprise Quarterly Term License ArcGIS Server Standard Enterprise Quarterly Term License ArcGIS Server Basic Enterprise Quarterly Term License ArcGIS Server Extensions with Cloud Infrastructure —Quarterly Term Licenses ArcGIS Server Advanced Enterprise Workflow Manager Extension Quarterly Term License ArcGIS Server Standard Enterprise Workflow Manager Extension Quarterly Term License $242.00 $242.00 $242.00 $1,425.00 $300.00 $14,250.00 $3,000.00 $1,451.00 $1,934.00 $2,902.00 $3,869.00 $484.00 $1,451.00 $2,418.00 $967.00 $1,934.00 $967.00 $2,000.00 $2,200.00 $40,000.00 $30,000.00 $25,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $12,500.00 $10,000.00 $8,500.00 $3,000.00 $3,000.00 E416 Page 18 of32 Esri Proprietary and Confidential Information 10/12/2011 307 15 15 16 16 16 16 ArcGIS Server Advanced Enterprise Data Interoperability Extension Quarterly Term License ArcGIS Server Standard Enterprise Data Interoperability Extension Quarterly Term License ArcGIS Server Advanced Enterprise Image Extension Quarterly Term License ArcGIS Server Standard Enterprise Image Extension Quarterly Term License ArcGIS Server Advanced Enterprise Schematics Extension Quarterly Term License ArcGIS Server Standard Enterprise Network Extension Quarterly Term License ArcGIS Server with Cloud Infrastructure —Monthly Term Licenses ArcGIS Server Advanced Enterprise Monthly Term License ArcGIS Server Standard Enterprise Monthly Term License ArcGIS Server Basic Enterprise Monthly Term License ArcGIS Server Extensions with Cloud Infrastructure —Monthly Term Licenses ArcGIS Server Advanced Enterprise Workflow Manager Extension Monthly Term License ArcGIS Server Standard Enterprise Workflow Manager Extension Monthly Term License ArcGIS Server Advanced Enterprise Data lnteroperability Extension Monthly Term License ArcGIS Server Standard Enterprise Data lnteroperability Extension Monthly Term License ArcGIS Server Advanced Enterprise Image Extension Monthly Term License ArcGIS Server Standard Enterprise Image Extension Monthly Term License ArcGIS Server Advanced Enterprise Schematics Extension Monthly Term License ArcGIS Server Standard Enterprise Network Extension Monthly Term License Instructor-Led Training Esri Site Training—per Student,per Day at Esri Learning Centers in the United States Instructor-Led Online Classroom Training—per Student,per Day Additional Student —Client Site Private Class per Student per Day Additional Student —Esri Site Private Class per Student per Day Private Classes —Esri Site per Class per Day (12 students)in Locations in the United States Private Classes —Client Site per Class per Day (12 students)in Locations in the United States Client Coaching Services —Client Site Client Coaching Services —Esri Site Virtual Campus Individual Courses Esri Virtual Campus Training Course Pricing (1 paid module)—per Seat Esri Virtual Campus Training Course Pricing (2 paid modules)—per Seat Esri Virtual Campus Training Course Pricing (3 paid modules)—per Seat Esri Virtual Campus Training Course Pricing (4 paid modules)—per Seat Esri Virtual Campus Training Course Pricing (5 paid modules)—per Seat Esri Virtual Campus Training Course Pricing (6 paid modules)—per Seat Esri Virtual Campus Training Course Pricing (7 paid modules)—per Seat Esri Virtual Campus Training Course Pricing (8 paid modules)—per Seat Esri Virtual Campus Training Course Pricing (9 paid modules)—per Seat Esri Virtual Campus Annual User License Pricing Premium Annual User License (2,500 Virtual Campus dollar value) Premium Annual User License (5,000 Virtual Campus dollar value) Premium Annual User License (7,500 Virtual Campus dollar value) Premium Annual User License (10,000 Virtual Campus dollar value) Premium Annual User License (25,000 Virtual Campus dollar value) $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $5,000.00 $4,000.00 $3,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $505.00 $505.00 $340.00 $340.00 $4,545.00 $4,545.00 $4,120.00 $4,120.00 $32.00 $64.00 $96.00 $128.00 $160.00 $192.00 $224.00 $256.00 $288.00 $2,250.00 $4,250.00 $6,000.00 $7,000.00 $16,250.00 E416 Page 19 of32 Esri Proprietary and Confidential Information 10/12/2011 308 16 17 20 20 20 Premium One —Year Extension Annual User License Esri Training Pass Esri Training Pass —per Day,50 Days or Greater/per —Year-Multiple Year Term Esri Training Pass —per Day,50 Days or Greater/per Year—One-Year Term Esri Training Pass —per Day,Up to 49 Days/per Year—Multiple Year Term Esri Training Pass —per Day,Up to 49 Days/per Year—One-Year Term Esri Training Pass —One year extension,Up to 49 Days Esri Training Pass —One year extension,50 Days or More Esri Enterprise Advantage Program (EEAP) Esri Enterprise Advantage Program (EEAP) Additional EEAP 50 Learning and Service Credits Additional EEAP 100 Learning and Service Credits Additional EEAP Technical Advisor Services Esri StreetMap Premium Advanced NAVTEQ Data Esri StreetMap Premium Advanced NAVTEQ Data —United States United States —All Usage Types (per single use Desktop user/per year) United States —All Usage Types (per concurrent use Desktop user/per year) United States —All Usage Types (per Server Workgroup/per year) United States —All Usage Types (per Server Enterprise/per year) United States —All Usage Types (per additional 2 cores Server Enterprise/per year) United States —Display (per single use Desktop user/per year) United States —Display (per concurrent use Desktop user/per year) United States —Display (per Server Workgroup/per year) United States —Display (per Server Enterprise/per year) United States —Display (per additional 2 cores Server Enterprise/per year) United States —Geocode (per single use Desktop user/per year) United States —Geocode (per concurrent use Desktop user/per year) United States —Geocode (per Server Workgroup/per year) United States —Geocode (per Server Enterprise/per year) United States —Geocode (per additional 2 cores Server Enterprise/per year) United States —Route (per single use Desktop user/per year) United States —Route (per concurrent use Desktop user/per year) United States —Route (per Server Workgroup/per year) United States —Route (per Server Enterprise/per year) United States —Route (per additional2 cores Server Enterprise/per year) Esri StreetMap Premium Advanced NAVTEQ Data —State State —All Usage Types (per single use Desktop user/per year) State —All Usage Types (per concurrent use Desktop user/per year) State —All Usage Types (per Server Workgroup/per year) State —All Usage Types (per Server Enterprise/per year) State —All Usage Types (per additional 2 cores Server Enterprise/per year) State —Display (per single use Desktop user/per year) State —Display (per concurrent use Desktop user/per year) State —Display (per Server Workgroup/per year) State —Display (per Server Enterprise/per year) State —Display (per additional 2 cores Server Enterprise/per year) State —Geocode (per single use Desktop user/per year) State —Geocode (per concurrent use Desktop user/per year) State —Geocode (per Server Workgroup/per year) State —Geocode (per Server Enterprise/per year) State —Geocode (per additional2 cores Server Enterprise/per year) State —Route (per single use Desktop user/per year) $660.00 $480.00 $480.00 $505.00 $505.00 $500.00 $1,500.00 $75,000.00 $23,500.00 $47,000.00 $21,000.00 $8,800.00 $22,000.00 $44,000.00 $110,000.00 $44,000.00 $1,200.00 $3,000.00 $6,000.00 $15,000.00 $6,000.00 $3,100.00 $7,750.00 $15,500.00 $38,750.00 $15,500.00 $4,500.00 $11,250.00 $22,500.00 $56,250.00 $22,500.00 $2,900.00 $7,250.00 $14,500.00 $36,250.00 $14,500.00 $400.00 $1,000.00 $2,000.00 $5,000.00 $2,000.00 $1,000.00 $2,500.00 $5,000.00 $12,500.00 $5,000.00 $1,500.00 E416 Page 20 of32 Esri Proprietary and Confidential Information 10/12/2011 309 20 20 20 State —Route (per concurrent use Desktop user/per year) State —Route (per Server Workgroup/per year) State —Route (per Server Enterprise/per year) State —Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium Advanced NAVTEQ Data —North America (United States, Canada 8 Mexico) North America—All Usage Types (per single use Desktop user/per year) North America—All Usage Types (per concurrent use Desktop user/per year) North America—All Usage Types (per Server Workgroup/per year) North America—All Usage Types (per Server Enterprise/per year) North America—All Usage Types (per additional 2 cores Server Enterprise/per year) North America—Display (per single use Desktop user/per year) North America—Display (per concurrent use Desktop user/per year) North America—Display (per Server Workgroup/per year) North America—Display (per Server Enterprise/per year) North America—Display (per additional 2 cores Server Enterprise/per year) North America—Geocode (per single use Desktop user/per year) North America—Geocode (per concurrent use Desktop user/per year) North America—Geocode (per Server Workgroup/per year) North America—Geocode (per Server Enterprise/per year) North America—Geocode (per additional 2 cores Server Enterprise/per year) North America—Route (per single use Desktop user/per year) North America—Route (per concurrent use Desktop user/per year) North America—Route (per Server Workgroup/per year) North America—Route (per Server Enterprise/per year) North America—Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium Advanced NAVTEQ Data —United States 8 Canada United States and Canada —All Usage Types (per single use Desktop user/per year) United States and Canada —All Usage Types (per concurrent use Desktop user/per year) United States and Canada —All Usage Types (per Server Workgroup/per year) United States and Canada —All Usage Types (per Server Enterprise/per year) United States and Canada —All Usage Types (per additional 2 cores Server Enterprise/per year) United States and Canada —Display (per single use Desktop user/per year) United States and Canada —Display (per concurrent use Desktop user/per year) United States and Canada —Display (per Server Workgroup/per year) United States and Canada —Display (per Server Enterprise/per year) United States and Canada —Display (per additional 2 cores Server Enterprise/per year) United States and Canada —Geocode (per single use Desktop user/per year) United States and Canada —Geocode (per concurrent use Desktop user/per year) United States and Canada —Geocode (per Server Workgroup/per year) United States and Canada —Geocode (per Server Enterprise/per year) United States and Canada —Geocode (per additional 2 cores Server Enterprise/per year) United States and Canada —Route (per single use Desktop user/per year) United States and Canada —Route (per concurrent use Desktop user/per year) United States and Canada —Route (per Server Workgroup/per year) United States and Canada —Route (per Server Enterprise/per year) United States and Canada —Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium Advanced NAVTEQ Data —Canada Canada —All Usage Types (per single use Desktop user/per year) Canada —All Usage Types (per concurrent use Desktop user/per year) $3,750.00 $7,500.00 $18,750.00 $7,500.00 $15,900.00 $39,750.00 $79,500.00 $198,750.00 $79,500.00 $2,400.00 $6,000.00 $12,000.00 $30,000.00 $12,000.00 $5,000.00 $12,500.00 $25,000.00 $62,500.00 $25,000.00 $8,500.00 $21,250.00 $42,500.00 $106,250.00 $42,500.00 $13,500.00 $33,750.00 $67,500.00 $168,750.00 $67,500.00 $1,800.00 $4,500.00 $9,000.00 $22,500.00 $9,000.00 $4,200.00 $10,500.00 $21,000.00 $52,500.00 $21,000.00 $7,500.00 $18,750.00 $37,500.00 $93,750.00 $37,500.00 $6,100.00 $15,250.00 E416 Page 21 of32 Esri Proprietary and Confidential Information 10/12/2011 310 20 20 20 Canada —All Usage Types (per Server Workgroup/per year) Canada —All Usage Types (per Server Enterprise/per year) Canada —All Usage Types (per additional 2 cores Server Enterprise/per year) Canada —Display (per single use Desktop user/per year) Canada —Display (per concurrent use Desktop user/per year) Canada —Display (per Server Workgroup/per year) Canada —Display (per Server Enterprise/per year) Canada —Display (per additional 2 cores Server Enterprise/per year) Canada —Route (per single use Desktop user/per year) Canada —Route (per concurrent use Desktop user/per year) Canada —Route (per Server Workgroup/per year) Canada —Route (per Server Enterprise/per year) Canada —Route (per additional2 cores Server Enterprise/per year) Esri StreetMap Premium Advanced NAVTEQ Data —Province Province —All Usage Types (per single use Desktop user/per year) Province —All Usage Types (per concurrent use Desktop user/per year) Province —All Usage Types (per Server Workgroup/per year) Province —All Usage Types (per Server Enterprise/per year) Province —All Usage Types (per additional 2 cores Server Enterprise/per year) Province —Display (per single use Desktop user/per year) Province —Display (per concurrent use Desktop user/per year) Province —Display (per Server Workgroup/per year) Province —Display (per Server Enterprise/per year) Province —Display (per additional2 cores Server Enterprise/per year) Province —Geocode (per single use Desktop user/per year) Province —Geocode (per concurrent use Desktop user/per year) Province —Geocode (per Server Workgroup/per year) Province —Geocode (per Server Enterprise/per year) Province —Geocode (per additional 2 cores Server Enterprise/per year) Province —Route (per single use Desktop user/per year) Province —Route (per concurrent use Desktop user/per year) Province —Route (per Server Workgroup/per year) Province —Route (per Server Enterprise/per year) Province —Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium NAVTEQ Data Esri StreetMap Premium NAVTEQ Data —United States United States —All Usage Types (per single use Desktop user/per year) United States —All Usage Types (per concurrent use Desktop user/per year) United States —All Usage Types (per Server Workgroup/per year) United States —All Usage Types (per Server Enterprise/per year) United States —All Usage Types (per additional 2 cores Server Enterprise/per year) United States —Display (per single use Desktop user/per year) United States —Display (per concurrent use Desktop user/per year) United States —Display (per Server Workgroup/per year) United States —Display (per Server Enterprise/per year) United States —Display (per additional 2 cores Server Enterprise/per year) United States —Geocode (per single use Desktop user/per year) United States —Geocode (per concurrent use Desktop user/per year) United States —Geocode (per Server Workgroup/per year) United States —Geocode (per Server Enterprise/per year) United States —Geocode (per additional 2 cores Server Enterprise/per year) United States —Route (per single use Desktop user/per year) $30,500.00 $76,500.00 $30,500.00 $960.00 $2,400.00 $4,800.00 $12,000.00 $4,800.00 $3,700.00 $9,250.00 $18,500.00 $46,250.00 $18,500.00 $2,900.00 $7,250.00 $14,500.00 $36,250.00 $14,500.00 $400.00 $1,000.00 $2,000.00 $5,000.00 $2,000.00 $1,000.00 $2,500.00 $5,000.00 $12,500.00 $5,000.00 $1,500.00 $3,750.00 $7,500.00 $18,750.00 $7,500.00 $6,000.00 $15,000.00 $30,000.00 $75,000.00 $30,000.00 $1,200.00 $3,000.00 $6,000.00 $15,000.00 $6,000.00 $1,800.00 $4,500.00 $9,000.00 $22,500.00 $9,000.00 $3,000.00 E416 Page 22 of32 Esri Proprietary and Confidential Information 10/12/2011 311 20 20 20 United States —Route (per concurrent use Desktop user/per year) United States —Route (per Server Workgroup/per year) United States —Route (per Server Enterprise/per year) United States —Route (per additional2 cores Server Enterprise/per year) Esri StreetMap Premium NAVTEQ Data —North America (United States,Canada 8 Mexico) North America —All Usage Types (per single use Desktop user/per year) North America—All Usage Types (per concurrent use Desktop user/per year) North America—All Usage Types (per Server Workgroup/per year) North America—All Usage Types (per Server Enterprise/per year) North America—All Usage Types (per additional 2 cores Server Enterprise/per year) North America—Display (per single use Desktop user/per year) North America—Display (per concurrent use Desktop user/per year) North America—Display (per Server Workgroup/per year) North America—Display (per Server Enterprise/per year) North America—Display (per additional 2 cores Server Enterprise/per year) North America—Geocode (per single use Desktop user/per year) North America—Geocode (per concurrent use Desktop user/per year) North America—Geocode (per Server Workgroup/per year) North America—Geocode (per Server Enterprise/per year) North America—Geocode (per additional 2 cores Server Enterprise/per year) North America—Route (per single use Desktop user/per year) North America—Route (per concurrent use Desktop user/per year) North America—Route (per Server Workgroup/per year) North America—Route (per Server Enterprise/per year) North America—Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium NAVTEQ Data —State State —All Usage Types (per single use Desktop user/per year) State —All Usage Types (per concurrent use Desktop user/per year) State —All Usage Types (per Server Workgroup/per year) State —All Usage Types (per Server Enterprise/per year) State —All Usage Types (per additional 2 cores Server Enterprise/per year) State —Display (per single use Desktop user/per year) State —Display (per concurrent use Desktop user/per year) State —Display (per Server Workgroup/per year) State —Display (per Server Enterprise/per year) State —Display (per additional 2 cores Server Enterprise/per year) State —Geocode (per single use Desktop user/per year) State —Geocode (per concurrent use Desktop user/per year) State —Geocode (per Server Workgroup/per year) State —Geocode (per Server Enterprise/per year) State —Geocode (per additional2 cores Server Enterprise/per year) State —Route (per single use Desktop user/per year) State —Route (per concurrent use Desktop user/per year) State —Route (per Server Workgroup/per year) State —Route (per Server Enterprise/per year) State —Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium NAVTEQ Data —Canada Canada —All Usage Types (per single use Desktop user/per year) Canada —All Usage Types (per concurrent use Desktop user/per year) Canada —All Usage Types (per Server Workgroup/per year) Canada —All Usage Types (per Server Enterprise/per year) $7,500.00 $15,000.00 $37,500.00 $15,000.00 $12,000.00 $30,000.00 $60,000.00 $150,000.00 $60,000.00 $2,400.00 $6,000.00 $12,000.00 $30,000.00 $12,000.00 $3,600.00 $9,000.00 $18,000.00 $45,000.00 $18,000.00 $6,000.00 $15,000.00 $30,000.00 $75,000.00 $30,000.00 $2,000.00 $5,000.00 $10,000.00 $25,000.00 $10,000.00 $400.00 $1,000.00 $2,000.00 $5,000.00 $2,000.00 $600.00 $1,500.00 $3,000.00 $7,500.00 $3,000.00 $1,000.00 $2,500.00 $5,000.00 $12,500.00 $5,000.00 $4,800.00 $12,000.00 $24,000.00 $60,000.00 E416 Page 23 of32 Esri Proprietary and Confidential Information 10/12/2011 312 20 20 Canada —All Usage Types (per additional 2 cores Server Enterprise/per year) Canada —Display (per single use Desktop user/per year) Canada —Display (per concurrent use Desktop user/per year) Canada —Display (per Server Workgroup/per year) Canada —Display (per Server Enterprise/per year) Canada —Display (per additional 2 cores Server Enterprise/per year) Canada —Geocode (per single use Desktop user/per year) Canada —Geocode (per concurrent use Desktop user/per year) Canada —Geocode (per Server Workgroup/per year) Canada —Geocode (per Server Enterprise/per year) Canada —Geocode (per additional 2 cores Server Enterprise/per year) Canada —Route (per single use Desktop user/per year) Canada —Route (per concurrent use Desktop user/per year) Canada —Route (per Server Workgroup/per year) Canada —Route (per Server Enterprise/per year) Canada —Route (per additional2 cores Server Enterprise/per year) Esri StreetMap Premium NAVTEQ Data —Province Province —All Usage Types (per single use Desktop user/per year) Province —All Usage Types (per concurrent use Desktop user/per year) Province —All Usage Types (per Server Workgroup/per year) Province —All Usage Types (per Server Enterprise/per year) Province —All Usage Types (per additional 2 cores Server Enterprise/per year) Province —Display (per single use Desktop user/per year) Province —Display (per concurrent use Desktop user/per year) Province —Display (per Server Workgroup/per year) Province —Display (per Server Enterprise/per year) Province —Display (per additional2 cores Server Enterprise/per year) Province —Geocode (per single use Desktop user/per year) Province —Geocode (per concurrent use Desktop user/per year) Province —Geocode (per Server Workgroup/per year) Province —Geocode (per Server Enterprise/per year) Province —Geocode (per additional 2 cores Server Enterprise/per year) Province —Route (per single use Desktop user/per year) Province —Route (per concurrent use Desktop user/per year) Province —Route (per Server Workgroup/per year) Province —Route (per Server Enterprise/per year) Province —Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium NAVTEQ Data —Europe Europe —All Usage Types (per single use Desktop user/per year) Europe —All Usage Types (per concurrent use Desktop user/per year) Europe —All Usage Types (per Server Workgroup/per year) Europe —All Usage Types (per Server Enterprise/per year) Europe —All Usage Types (per additional 2 cores Server Enterprise/per year) Europe —Display (per single use Desktop user/per year) Europe —Display (per concurrent use Desktop user/per year) Europe —Display (per Server Workgroup/per year) Europe —Display (per Server Enterprise/per year) Europe —Display (per additional 2 cores Server Enterprise/per year) Europe —Geocode (per single use Desktop user/per year) Europe —Geocode (per concurrent use Desktop user/per year) Europe —Geocode (per Server Workgroup/per year) Europe —Geocode (per Server Enterprise/per year) $24,000.00 $960.00 $2,400.00 $4,800.00 $12,000.00 $4,800.00 $1,440.00 $3,600.00 $7,200.00 $18,000.00 $7,200.00 $2,400.00 $6,000.00 $12,000.00 $30,000.00 $12,000.00 $2,000.00 $5,000.00 $10,000.00 $25,000.00 $10,000.00 $400.00 $1,000.00 $2,000.00 $5,000.00 $2,000.00 $600.00 $1,500.00 $3,000.00 $7,500.00 $3,000.00 $1,000.00 $2,500.00 $5,000.00 $12,500.00 $5,000.00 $11,500.00 $28,750.00 $57,500.00 $143,570.00 $57,500.00 $2,300.00 $5,750.00 $11,500.00 $28,750.00 $11,500.00 $3,450.00 $8,625.00 $17,250.00 $43,125.00 E416 Page 24 of32 Esri Proprietary and Confidential Information 10/12/2011 313 20 20 20 Europe —Geocode (per additional 2 cores Server Enterprise/per year) Europe —Route (per single use Desktop user/per year) Europe —Route (per concurrent use Desktop user/per year) Europe —Route (per Server Workgroup/per year) Europe —Route (per Server Enterprise/per year) Europe —Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium NAVTEQ Data —Small Country in Europe Small Country—All Usage Types (per single use Desktop user/per year) Small Country—All Usage Types (per concurrent use Desktop user/per year) Small Country—All Usage Types (per Server Workgroup/per year) Small Country—All Usage Types (per Server Enterprise/per year) Small Country—All Usage Types (per additional 2 cores Server Enterprise/per year) Small Country—Display (per single use Desktop user/per year) Small Country—Display (per concurrent use Desktop user/per year) Small Country—Display (per Server Workgroup/per year) Small Country—Display (per Server Enterprise/per year) Small Country—Display (per additional 2 cores Server Enterprise/per year) Small Country—Geocode (per single use Desktop user/per year) Small Country—Geocode (per concurrent use Desktop user/per year) Small Country—Geocode (per Server Workgroup/per year) Small Country—Geocode (per Server Enterprise/per year) Small Country—Geocode (per additional 2 cores Server Enterprise/per year) Small Country—Route (per single use Desktop user/per year) Small Country—Route (per concurrent use Desktop user/per year) Small Country—Route (per Server Workgroup/per year) Small Country—Route (per Server Enterprise/per year) Small Country—Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium NAVTEQ Data —Large Country in Europe Large Country—All Usage Types (per single use Desktop user/per year) Large Country—All Usage Types (per concurrent use Desktop user/per year) Large Country—All Usage Types (per Server Workgroup/per year) Large Country—All Usage Types (per Server Enterprise/per year) Large Country—All Usage Types (per additional 2 cores Server Enterprise/per year) Large Country—Display (per single use Desktop user/per year) Large Country—Display (per concurrent use Desktop user/per year) Large Country—Display (per Server Workgroup/per year) Large Country—Display (per Server Enterprise/per year) Large Country—Display (per additional 2 cores Server Enterprise/per year) Large Country—Geocode (per single use Desktop user/per year) Large Country—Geocode (per concurrent use Desktop user/per year) Large Country—Geocode (per Server Workgroup/per year) Large Country—Geocode (per Server Enterprise/per year) Large Country—Geocode (per additional 2 cores Server Enterprise/per year) Large Country—Route (per single use Desktop user/per year) Large Country—Route (per concurrent use Desktop user/per year) Large Country—Route (per Server Workgroup/per year) Large Country—Route (per Server Enterprise/per year) Large Country—Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium NAVTEQ Data —Mexico Mexico—All Usage Types (per single use Desktop user/per year) Mexico—All Usage Types (per concurrent use Desktop user/per year) Mexico—All Usage Types (per Server Workgroup/per year) $17,250.00 $5,750.00 $14,375.00 $28,750.00 $71,875.00 $28,750.00 $2,500.00 $6,250.00 $12,500.00 $31,250.00 $12,500.00 $500.00 $1,250.00 $2,500.00 $6,250.00 $2,500.00 $750.00 $1,875.00 $3,750.00 $9,375.00 $3,750.00 $1,250.00 $3,125.00 $6,250.00 $15,625.00 $6,250.00 $4,100.00 $10,250.00 $20,500.00 $51,250.00 $20,500.00 $820.00 $2,050.00 $4,100.00 $10,250.00 $4,100.00 $1,230.00 $3,075.00 $6,150.00 $15,375.00 $6,150.00 $2,050.00 $5,125.00 $10,250.00 $25,625.00 $10,250.00 $4,300.00 $10,750.00 $21,500.00 E416 Page 25 of32 Esri Proprietary and Confidential Information 10/12/2011 314 20 20 20 Mexico—All Usage Types (per Server Enterprise/per year) Mexico—All Usage Types (per additional 2 cores Server Enterprise/per year) Mexico—Display (per single use Desktop user/per year) Mexico—Display (per concurrent use Desktop user/per year) Mexico—Display (per Server Workgroup/per year) Mexico—Display (per Server Enterprise/per year) Mexico—Display (per additional2 cores Server Enterprise/per year) Mexico—Geocode (per single use Desktop user/per year) Mexico—Geocode (per concurrent use Desktop user/per year) Mexico—Geocode (per Server Workgroup/per year) Mexico—Geocode (per Server Enterprise/per year) Mexico—Geocode (per additional2 cores Server Enterprise/per year) Mexico—Route (per single use Desktop user/per year) Mexico—Route (per concurrent use Desktop user/per year) Mexico—Route (per Server Workgroup/per year) Mexico—Route (per Server Enterprise/per year) Mexico—Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium NAVTEQ Data —United States and Canada United States and Canada —All Usage Types (per single use Desktop user/per year) United States and Canada —All Usage Types (per concurrent use Desktop user/per year) United States and Canada —All Usage Types (per Server Workgroup/per year) United States and Canada —All Usage Types (per Server Enterprise/per year) United States and Canada —All Usage Types (per additional 2 cores Server Enterprise/per year) United States and Canada —Display (per single use Desktop user/per year) United States and Canada —Display (per concurrent use Desktop user/per year) United States and Canada —Display (per Server Workgroup/per year) United States and Canada —Display (per Server Enterprise/per year) United States and Canada —Display (per additional 2 cores Server Enterprise/per year) United States and Canada —Geocode (per single use Desktop user/per year) United States and Canada —Geocode (per concurrent use Desktop user/per year) United States and Canada —Geocode (per Server Workgroup/per year) United States and Canada —Geocode (per Server Enterprise/per year) United States and Canada —Geocode (per additional 2 cores Server Enterprise/per year) United States and Canada —Route (per single use Desktop user/per year) United States and Canada —Route (per concurrent use Desktop user/per year) United States and Canada —Route (per Server Workgroup/per year) United States and Canada —Route (per Server Enterprise/per year) United States and Canada —Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium TomTom Data Esri StreetMap Premium TomTom Data—United States United States —All Usage Types (per single use Desktop user/per year) United States —All Usage Types (per concurrent use Desktop user/per year) United States —All Usage Types (per Server Workgroup/per year) United States —All Usage Types (per Server Enterprise/per year) United States —All Usage Types (per additional 2 cores Server Enterprise/per year) United States —Display (per single use Desktop user/per year) United States —Display (per concurrent use Desktop user/per year) United States —Display (per Server Workgroup/per year) United States —Display (per Server Enterprise/per year) $53,750.00 $21,500.00 $860.00 $2,150.00 $4,300.00 $10,750.00 $4,300.00 $1,290.00 $3,225.00 $6,450.00 $16,125.00 $6,450.00 $2,150.00 $5,375.00 $10,750.00 $26,875.00 $10,750.00 $9,000.00 $22,500.00 $45,000.00 $112,500.00 $45,000.00 $1,800.00 $4,500.00 $9,000.00 $22,500.00 $9,000.00 $2,700.00 $6,750.00 $13,500.00 $33,750.00 $13,500.00 $4,500.00 $11,250.00 $22,500.00 $56,250.00 $22,500.00 $6,000.00 $15,000.00 $30,000.00 $75,000.00 $30,000.00 $1,200.00 $3,000.00 $6,000.00 $15,000.00 E416 Page 26 of32 Esri Proprietary and Confidential Information 10/12/2011 315 20 20 United States —Display (per additional 2 cores Server Enterprise/per year) United States —Geocode (per single use Desktop user/per year) United States —Geocode (per concurrent use Desktop user/per year) United States —Geocode (per Server Workgroup/per year) United States —Geocode (per Server Enterprise/per year) United States —Geocode (per additional 2 cores Server Enterprise/per year) United States —Route (per single use Desktop user/per year) United States —Route (per concurrent use Desktop user/per year) United States —Route (per Server Workgroup/per year) United States —Route (per Server Enterprise/per year) United States —Route (per additional2 cores Server Enterprise/per year) Esri StreetMap Premium TomTom Data—Small State in the United States Small State —All Usage Types (per single use Desktop user/per year) Small State —All Usage Types (per concurrent use Desktop user/per year) Small State —All Usage Types (per Server Workgroup/per year) Small State —All Usage Types (per Server Enterprise/per year) Small State —All Usage Types (per additional 2 cores Server Enterprise/per year) Small State —Display (per single use Desktop user/per year) Small State —Display (per concurrent use Desktop user/per year) Small State —Display (per Server Workgroup/per year) Small State —Display (per Server Enterprise/per year) Small State —Display (per additional2 cores Server Enterprise/per year) Small State —Geocode (per single use Desktop user/per year) Small State —Geocode (per concurrent use Desktop user/per year) Small State —Geocode (per Server Workgroup/per year) Small State —Geocode (per Server Enterprise/per year) Small State —Geocode (per additional2 cores Server Enterprise/per year) Small State —Route (per single use Desktop user/per year) Small State —Route (per concurrent use Desktop user/per year) Small State —Route (per Server Workgroup/per year) Small State —Route (per Server Enterprise/per year) Small State —Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium TomTom Data—Medium State in the United States Medium State —All Usage Types (per single use Desktop user/per year) Medium State —All Usage Types (per concurrent use Desktop user/per year) Medium State —All Usage Types (per Server Workgroup/per year) Medium State —All Usage Types (per Server Enterprise/per year) Medium State —All Usage Types (per additional 2 cores Server Enterprise/per year) Medium State —Display (per single use Desktop user/per year) Medium State —Display (per concurrent use Desktop user/per year) Medium State —Display (per Server Workgroup/per year) Medium State —Display (per Server Enterprise/per year) Medium State —Display (per additional2 cores Server Enterprise/per year) Medium State —Geocode (per single use Desktop user/per year) Medium State —Geocode (per concurrent use Desktop user/per year) Medium State —Geocode (per Server Workgroup/per year) Medium State —Geocode (per Server Enterprise/per year) Medium State —Geocode (per additional 2 cores Server Enterprise/per year) Medium State —Route (per single use Desktop user/per year) Medium State —Route (per concurrent use Desktop/per year) Medium State —Route (per Server Workgroup/per year) Medium State —Route (per Server Enterprise/per year) $6,000.00 $1,800.00 $4,500.00 $9,000.00 $22,500.00 $9,000.00 $3,000.00 $7,500.00 $15,000.00 $37,500.00 $15,000.00 $900.00 $2,250.00 $4,500.00 $11,250.00 $4,500.00 $500.00 $500.00 $900.00 $2,250.00 $900.00 $500.00 $675.00 $1,350.00 $3,375.00 $1,350.00 $500.00 $1,125.00 $2,250.00 $5,625.00 $2,250.00 $1,200.00 $3,000.00 $6,000.00 $15,000.00 $6,000.00 $500.00 $600.00 $1,200.00 $3,000.00 $1,200.00 $500.00 $900.00 $1,800.00 $4,500.00 $1,800.00 $600.00 $1,500.00 $3,000.00 $7,500.00 E416 Page 27 of32 Esri Proprietary and Confidential Information 10/12/2011 316 20 20 20 Medium State —Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium TomTom Data—Large State in the United States Large State —All Usage Types (per single use Desktop user/per year) Large State —All Usage Types (per concurrent use Desktop user/per year) Large State —All Usage Types (per Server Workgroup/per year) Large State —All Usage Types (per Server Enterprise/per year) Large State —All Usage Types (per additional 2 cores Server Enterprise/per year) Large State —Display (per single use Desktop user/per year) Large State —Display (per concurrent use Desktop user/per year) Large State —Display (per Server Workgroup/per year) Large State —Display (per Server Enterprise/per year) Large State —Display (per additional 2 cores Server Enterprise/per year) Large State —Geocode (per single use Desktop user/per year) Large State —Geocode (per concurrent use Desktop user/per year) Large State —Geocode (per Server Workgroup/per year) Large State —Geocode (per Server Enterprise/per year) Large State —Geocode (per additional2 cores Server Enterprise/per year) Large State —Route (per single use Desktop user/per year) Large State —Route (per concurrent use Desktop user/per year) Large State —Route (per Server Workgroup/per year) Large State —Route (per Server Enterprise/per year) Large State —Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium TomTom Data—North America North America —All Usage Types (per single use Desktop user/per year) North America—All Usage Types (per concurrent use Desktop user/per year) North America—All Usage Types (per Server Workgroup/per year) North America—All Usage Types (per Server Enterprise/per year) North America—All Usage Types (per additional 2 cores Server Enterprise/per year) North America—Display (per single use Desktop user/per year) North America—Display (per concurrent use Desktop user/per year) North America—Display (per Server Workgroup/per year) North America—Display (per Server Enterprise/per year) North America—Display (per additional 2 cores Server Enterprise/per year) North America—Geocode (per single use Desktop user/per year) North America—Geocode (per concurrent use Desktop user/per year) North America—Geocode (per Server Workgroup/per year) North America—Geocode (per Server Enterprise/per year) North America—Geocode (per additional 2 cores Server Enterprise/per year) North America—Route (per single use Desktop user/per year) North America—Route (per concurrent use Desktop user/per year) North America—Route (per Server Workgroup/per year) North America—Route (per Server Enterprise/per year) North America—Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium TomTom Data—Canada Canada —All Usage Types (per single use Desktop user/per year) Canada —All Usage Types (per concurrent use Desktop user/per year) Canada —All Usage Types (per Server Workgroup/per year) Canada —All Usage Types (per Server Enterprise/per year) Canada —All Usage Types (per additional 2 cores Server Enterprise/per year) Canada —Display (per single use Desktop user/per year) Canada —Display (per concurrent use Desktop user/per year) Canada —Display (per Server Workgroup/per year) $3,000.00 $1,800.00 $4,500.00 $9,000.00 $22,500.00 $9,000.00 $540.00 $900.00 $1,800.00 $4,500.00 $1,800.00 $540.00 $1,350.00 $2,700.00 $6,750.00 $2,700.00 $900.00 $2,250.00 $4,500.00 $11,250.00 $4,500.00 $9,000.00 $22,500.00 $45,000.00 $112,500.00 $45,000.00 $1,800.00 $4,500.00 $9,000.00 $22,500.00 $9,000.00 $2,700.00 $6,750.00 $13,500.00 $33,750.00 $13,500.00 $4,500.00 $11,250.00 $22,500.00 $56,250.00 $22,500.00 $3,000.00 $7,500.00 $15,000.00 $37,500.00 $15,000.00 $600.00 $1,500.00 $3,000.00 E416 Page 28 of32 Esri Proprietary and Confidential Information 10/12/2011 317 20 20 Canada —Display (per Server Enterprise/per year) Canada —Display (per additional 2 cores Server Enterprise/per year) Canada —Geocode (per single use Desktop user/per year) Canada —Geocode (per concurrent use Desktop user/per year) Canada —Geocode (per Server Workgroup/per year) Canada —Geocode (per Server Enterprise/per year) Canada —Geocode (per additional 2 cores Server Enterprise/per year) Canada —Route (per single use Desktop user/per year) Canada —Route (per concurrent use Desktop user/per year) Canada —Route (per Server Workgroup/per year) Canada —Route (per Server Enterprise/per year) Canada —Route (per additional2 cores Server Enterprise/per year) Esri StreetMap Premium TomTom Data—Small Province in Canada Small Province —All Usage Types (per single use Desktop user/per year) Small Province —All Usage Types (per concurrent use Desktop user/per year) Small Province —All Usage Types (per Server Workgroup/per year) Small Province —All Usage Types (per Server Enterprise/per year) Small Province —All Usage Types (per additional 2 cores Server Enterprise/per year) Small Province —Display (per single use Desktop user/per year) Small Province —Display (per concurrent use Desktop user/per year) Small Province —Display (per Server Workgroup/per year) Small Province —Display (per Server Enterprise/per year) Small Province —Display (per additional 2 cores Server Enterprise/per year) Small Province —Geocode (per single use Desktop user/per year) Small Province —Geocode (per concurrent use Desktop user/per year) Small Province —Geocode (per Server Workgroup/per year) Small Province —Geocode (per Server Enterprise/per year) Small Province —Geocode (per additional 2 cores Server Enterprise/per year) Small Province —Route (per single use Desktop user/per year) Small Province —Route (per concurrent use Desktop user/per year) Small Province —Route (per Server Workgroup/per year) Small Province —Route (per Server Enterprise/per year) Small Province —Route (per additional2 cores Server Enterprise/per year) Esri StreetMap Premium TomTom Data—Medium Province in Canada Medium Province —All Usage Types (per single use Desktop user/per year) Medium Province —All Usage Types (per concurrent use Desktop user/per year) Medium Province —All Usage Types (per Server Workgroup/per year) Medium Province —All Usage Types (per Server Enterprise/per year) Medium Province —All Usage Types (per additional 2 cores Server Enterprise/per year) Medium Province —Display (per single use Desktop user/per year) Medium Province —Display (per concurrent use Desktop user/per year) Medium Province —Display (per Server Workgroup/per year) Medium Province —Display (per Server Enterprise/per year) Medium Province —Display (per additional 2 cores Server Enterprise/per year) Medium Province —Geocode (per single use Desktop user/per year) Medium Province —Geocode (per concurrent use Desktop user/per year) Medium Province —Geocode (per Server Workgroup/per year) Medium Province —Geocode (per Server Enterprise/per year) Medium Province —Geocode (per additional 2 cores Server Enterprise/per year) Medium Province —Route (per single use Desktop user/per year) Medium Province —Route (per concurrent use Desktop/per year) Medium Province —Route (per Server Workgroup/per year) $7,500.00 $3,000.00 $900.00 $2,250.00 $4,500.00 $11,250.00 $4,500.00 $1,500.00 $3,750.00 $7,500.00 $18,750.00 $7,500.00 $900.00 $2,250.00 $4,500.00 $11,250.00 $4,500.00 $500.00 $500.00 $900.00 $2,250.00 $900.00 $500.00 $675.00 $1,350.00 $3,375.00 $1,350.00 $500.00 $1,125.00 $2,250.00 $5,625.00 $2,250.00 $1,200.00 $3,000.00 $6,000.00 $15,000.00 $6,000.00 $500.00 $600.00 $1,200.00 $3,000.00 $1,200.00 $500.00 $900.00 $1,800.00 $4,500.00 $1,800.00 $600.00 $1,500.00 $3,000.00 E416 Page 29 of32 Esri Proprietary and Confidential Information 10/12/2011 318 20 20 20 Medium Province —Route (per Server Enterprise/per year) Medium Province —Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium TomTom Data—Large Province in Canada Large Province —All Usage Types (per single use Desktop user/per year) Large Province —All Usage Types (per concurrent use Desktop user/per year) Large Province —All Usage Types (per Server Workgroup/per year) Large Province —All Usage Types (per Server Enterprise/per year) Large Province —All Usage Types (per additional 2 cores Server Enterprise/per year) Large Province —Display (per single use Desktop user/per year) Large Province —Display (per concurrent use Desktop user/per year) Large Province —Display (per Server Workgroup/per year) Large Province —Display (per Server Enterprise/per year) Large Province —Display (per additional 2 cores Server Enterprise/per year) Large Province —Geocode (per single use Desktop user/per year) Large Province —Geocode (per concurrent use Desktop user/per year) Large Province —Geocode (per Server Workgroup/per year) Large Province —Geocode (per Server Enterprise/per year) Large Province —Geocode (per additional 2 cores Server Enterprise/per year) Large Province —Route (per single use Desktop user/per year) Large Province —Route (per concurrent use Desktop user/per year) Large Province —Route (per Server Workgroup/per year) Large Province —Route (per Server Enterprise/per year) Large Province —Route (per additional2 cores Server Enterprise/per year) Esri StreetMap Premium TomTom Data—Europe Europe —All Usage Types (per single use Desktop user/per year) Europe —All Usage Types (per concurrent use Desktop user/per year) Europe —All Usage Types (per Server Workgroup/per year) Europe —All Usage Types (per Server Enterprise/per year) Europe —All Usage Types (per additional 2 cores Server Enterprise/per year) Europe —Display (per single use Desktop user/per year) Europe —Display (per concurrent use Desktop user/per year) Europe —Display (per Server Workgroup/per year) Europe —Display (per Server Enterprise/per year) Europe —Display (per additional 2 cores Server Enterprise/per year) Europe —Geocode (per single use Desktop user/per year) Europe —Geocode (per concurrent use Desktop user/per year) Europe —Geocode (per Server Workgroup/per year) Europe —Geocode (per Server Enterprise/per year) Europe —Geocode (per additional 2 cores Server Enterprise/per year) Europe —Route (per single use Desktop user/per year) Europe —Route (per concurrent use Desktop user/per year) Europe —Route (per Server Workgroup/per year) Europe —Route (per Server Enterprise/per year) Europe —Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium TomTom Data—Small Country in Europe Small Country—All Usage Types (per single use Desktop user/per year) Small Country—All Usage Types (per concurrent use Desktop user/per year) Small Country—All Usage Types (per Server Workgroup/per year) Small Country—All Usage Types (per Server Enterprise/per year) Small Country—All Usage Types (per additional 2 cores Server Enterprise/per year) Small Country—Display (per single use Desktop user/per year) Small Country—Display (per concurrent use Desktop user/per year) $7,500.00 $3,000.00 $1,800.00 $4,500.00 $9,000.00 $22,500.00 $9,000.00 $540.00 $900.00 $1,800.00 $4,500.00 $1,800.00 $540.00 $1,350.00 $2,700.00 $6,750.00 $2,700.00 $900.00 $2,250.00 $4,500.00 $11,250.00 $4,500.00 $11,500.00 $26,750.00 $57,500.00 $143,750.00 $57,500.00 $2,300.00 $5,750.00 $11,500.00 $28,750.00 $11,500.00 $3,450.00 $8,625.00 $17,250.00 $43,125.00 $17,250.00 $5,750.00 $14,375.00 $28,750.00 $71,875.00 $28,750.00 $1,300.00 $3,250.00 $6,500.00 $16,250.00 $6,500.00 $500.00 $650.00 E416 Page 30 of32 Esri Proprietary and Confidential Information 10/12/2011 319 20 20 Small Country—Display (per Server Workgroup/per year) Small Country—Display (per Server Enterprise/per year) Small Country—Display (per additional 2 cores Server Enterprise/per year) Small Country—Geocode (per single use Desktop user/per year) Small Country—Geocode (per concurrent use Desktop user/per year) Small Country—Geocode (per Server Workgroup/per year) Small Country—Geocode (per Server Enterprise/per year) Small Country—Geocode (per additional 2 cores Server Enterprise/per year) Small Country—Route (per single use Desktop user/per year) Small Country—Route (per concurrent use Desktop user/per year) Small Country—Route (per Server Workgroup/per year) Small Country—Route (per Server Enterprise/per year) Small Country—Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium TomTom Data—Medium Country in Europe Medium Country—All Usage Types (per single use Desktop user/per year) Medium Country—All Usage Types (per concurrent use Desktop user/per year) Medium Country—All Usage Types (per Server Workgroup/per year) Medium Country—All Usage Types (per Server Enterprise/per year) Medium Country—All Usage Types (per additional 2 cores Server Enterprise/per year) Medium Country—Display (per single use Desktop user/per year) Medium Country—Display (per concurrent use Desktop user/per year) Medium Country—Display (per Server Workgroup/per year) Medium Country—Display (per Server Enterprise/per year) Medium Country—Display (per additional 2 cores Server Enterprise/per year) Medium Country—Geocode (per single use Desktop user/per year) Medium Country—Geocode (per concurrent use Desktop user/per year) Medium Country—Geocode (per Server Workgroup/per year) Medium Country—Geocode (per Server Enterprise/per year) Medium Country—Geocode (per additional 2 cores Server Enterprise/per year) Medium Country—Route (per single use Desktop user/per year) Medium Country—Route (per concurrent use Desktop/per year) Medium Country—Route (per Server Workgroup/per year) Medium Country—Route (per Server Enterprise/per year) Medium Country—Route (per additional 2 cores Server Enterprise/per year) Esri StreetMap Premium TomTom Data—Large Country in Europe Large Country—All Usage Types (per single use Desktop user/per year) Large Country—All Usage Types (per concurrent use Desktop user/per year) Large Country—All Usage Types (per Server Workgroup/per year) Large Country—All Usage Types (per Server Enterprise/per year) Large Country—All Usage Types (per additional 2 cores Server Enterprise/per year) Large Country—Display (per single use Desktop user/per year) Large Country—Display (per concurrent use Desktop user/per year) Large Country—Display (per Server Workgroup/per year) Large Country—Display (per Server Enterprise/per year) Large Country—Display (per additional 2 cores Server Enterprise/per year) Large Country—Geocode (per single use Desktop user/per year) Large Country—Geocode (per concurrent use Desktop user/per year) Large Country—Geocode (per Server Workgroup/per year) Large Country—Geocode (per Server Enterprise/per year) Large Country—Geocode (per additional 2 cores Server Enterprise/per year) Large Country—Route (per single use Desktop user/per year) Large Country—Route (per concurrent use Desktop user/per year) $1,300.00 $3,250.00 $1,300.00 $500.00 $975.00 $1,950.00 $4,875.00 $1,950.00 $650.00 $1,625.00 $3,250.00 $8,125.00 $3,250.00 $2,600.00 $6,500.00 $13,000.00 $32,500.00 $13,000.00 $520.00 $1,300.00 $2,600.00 $6,500.00 $2,600.00 $780.00 $1,950.00 $3,900.00 $9,750.00 $3,900.00 $1,300.00 $3,250.00 $6,500.00 $16,250.00 $6,500.00 $3,900.00 $9,750.00 $19,500.00 $48,750.00 $19,500.00 $780.00 $1,950.00 $3,900.00 $9,750.00 $3,900.00 $1,170.00 $2,925.00 $5,850.00 $14,625.00 $5,850.00 $1,950.00 $4,875.00 E416 Page 31 of32 Esri Proprietary and Confidential Information 10/12/2011 320 Large Country—Route (per Server Workgroup/per year) Large Country—Route (per Server Enterprise/per year) Large Country—Route (per additional 2 cores Server Enterprise/per year) $9,750.00 $24,375.00 $9,750.00 E416 Page 32 of32 Esri Proprietary and Confidential Information 10/12/2011 321 GENERAL LICENSE TERMS AND CONDITIONS (E200 04/19/2010) Esri,380 New York St.,Redlands,CA 92373-8100 USA ~TEL 909-793-2853 ~FAX909-793-5953 ARTICLE 1 DEFINITIONS Definitions.The terms used are defined as follows: a."Beta"means any alpha,beta,or prerelease Software,Data,Documentation,or Web Services. b."Data"means any Esri or third-party digital dataset(s)including,but not limited to,geographic vector data coordinates,raster,reports,or associated tabular attributes,licensed under this License Agreement. c."Documentation"means all printed and digital materials including,but not limited to,help files,user reference documentation,training documentation,or technical information and briefings. d."Samples"means sample code,sample applications,add-ons,or sample extensions of Software,Data, Documentation,or Web Services. e."Software"means all or any portion ofEsri's proprietary software technology accessed or downloaded from an Esri authorized Web site or delivered on any media in any format including backups,updates,service packs,patches,hot fixes,or permitted merged copies. f."Term License"means licenses provided for use in a limited time period or on a subscription or transaction basis. g."Web Services"means software services or Esri or third-party data provided by Esri that perform geographic information system (GIS)functions,tasks,or data services and are accessed over the Internet. ARTICLE 2 INTELLECTUALPROPERTY RIGHTS AND RESERVATION OF OWNERSHIP Software,Data,Web Services,and Documentation are licensed and not sold.Esri and its licensors own Software,Data,Web Services,Documentation,and all copies,which are protected by United States and applicable international laws,treaties,and conventions regarding intellectual property and proprietary rights including trade secrets.Licensee agrees to use reasonable means to protect Software,Data,Web Services,and Documentation from unauthorized use,reproduction,distribution,or publication.Esri and its third-party licensors reserve all rights not specifically granted in this License Agreement including the right to change and improve Web Services. ARTICLE 3 GRANT OF LICENSE 3.1 Grant of License.Subject to the terms ofthis License Agreement,Esri grants to Licensee a personal,nonexclusive, nontransferable license solely to a.Use the type and number of copies of Software,Data,and Documentation and access Web Services (i)forwhich the applicable license fees have been paid,(ii)for Licensee's own internal use,and (iii)in accordance with Exhibit 1 and the licensed configuration on file as authorized by Esri. b.Access and use any secure Esri Web site resources made available to Licensee for Licensee's own internal use, provided that Licensee follows Esri's terms ofuse policy specified therein.Allpassword or controlled access information provided by Esri shall be treated as Esri confidential information. 3.2 Beta License.Licensee may be accepted into a current Beta Testing Program. a.IfLicensee is accepted into the Beta Testing Program,Esri willprovide to Licensee access to Beta and willgrant Licensee a personal,nonexclusive,nontransferable,royalty-free Term License to use Beta at the authorized and identified test sites solely forthe purpose oftesting Beta as delivered,in accordance withthe Beta Testing Program guidelines and the terms ofthis License Agreement.This grant oflicense is effective from the date Licensee is accepted into the program or date ofreceipt of any Beta until the date ofthe commercial release of Software from Esri Customer Service or the date oftermination of the Beta Testing Program for the specific Beta,whichever is sooner. b.Licensee agrees to provide suggestions or comments regarding performance,usability or effectiveness,bug reports, test reports,or other feedback (collectively,"Feedback")to Esri with respect to Beta. E200 Page 1 of6 04/19/2010 322 c.Licensee grants to Esri the right to freely use,share,disclose,reproduce,license,distribute and otherwise publicly display and perform any Feedback provided to Esri by Licensee.Licensee willnot provide Feedback that Licensee knows or reasonably should have known contains content subject to license or use restrictions. d.Beta and Feedback contain confidential information and trade secrets that are proprietary to Esri.Licensee agrees to use commercially reasonable means (at least as great as those used by Licensee for its own confidential information) to maintain the integrity,confidentiality,and Esri proprietary rights in Beta and Feedback.Licensee may not share or release Feedback or results of Beta testing with any third party. e.Beta is subject to change prior to its commercial release or may never be commercially released.Licensee acknowledges that Beta is not suitable or licensed forfulluse in any production system and accepts all responsibility for use and any results generated. 3.3 Evaluation License.Esri may from time to time offer Term License(s)for Software,Data,Web Services,or Documentation for Licensee's evaluation only. 3.4 Consultant or Contractor Access.Subject to Section 3.1,Esri grants Licensee the right to provide access to and use of Software,Data,Web Services,or Documentation to any consultant or contractor ofLicensee exclusively forthe benefit of Licensee.Licensee shall be solely responsible for compliance by consultants and contractors with this License Agreement. Access to or use of Software,Data,Web Services,and Documentation by consultants or contractors not exclusively for the benefit of Licensee is prohibited. ARTICLE 4 SCOPE OF USE 4.1 Permitted Uses a.Licensee may install and store Software,Data,and Documentation on electronic storage device(s). b.Licensee may make one (I)copy of Software,Data,and Documentation for archival purposes.Licensee may make routine computer backups. c.Licensee may customize Software using any (i)macro or scripting language,(ii)published application programming interface (API),or (iii)source or object code libraries,but only to the extent that such customization is described in Documentation. d.Licensee may use,copy,or prepare derivative works ofDocumentation supplied in digital format and thereafter reproduce,display,and redistribute the customized documentation only for Licensee's own internal use.Pornon(s)of Documentation supplied in digital format merged withother software and printed or digital documentation are subject to this License Agreement.Licensee shall include the followingcopyright attribution notice acknowledging the proprietary rights of Esri and its licensors:"Portions ofthis document include intellectual property of Esri and its licensors and are used herein under license.Copyright [In>crt the actual copyright date(s)from the source material>]Esri and its licensors.Allrights reserved." 4.2 Uses Not Permitted a.Except as provided herein,Licensee shall not sell,rent,lease,sublicense,lend,assign,or time-share Software,Data, Web Services,or Documentation.Licensee shall not act as a service bureau or commercial application service provider (ASP)that allows third-party access to Software,Data,Web Services,and Documentation.Licensee shall not use Software,Data,Web Services,or Documentation for a site or service and operate the site or the service for a profit or generate revenue through direct or indirect methods (e.g.,advertising or by charging for access to the site or service). b.Except as provided herein,Licensee shall not redistribute Software,Data,or Web Services to third parnes,inwhole or in part,including,but not limited to,extensions,components,or DLLs. c.Licensee shall not reverse engineer,decompile,or disassemble Software,Data,Web Services,or Documentation except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction. d.Except to the extent that applicable law prohibits this restriction,Licensee shall not make any attempt to circumvent the technological measure(s)that controls access to or use of Software,Data,Web Services,and Documentation. e.Except as provided herein,Licensee shall not redistribute Software activation number(s),registration number/license authorization file(s),developer license file(s),or Web Services access codes to third parties. f.Licensee shall not use Software or Web Services to transfer or exchange any material where such transfer or exchange is prohibited by intellectual property laws or any other applicable laws. E200 Pg 2 of6 04/19/2010 323 g.Licensee shall not remove or obscure any Esri or its licensors'atent,copyright,trademark,or proprietary rights notices contained in or affixed to Software,Data,Web Services,or Documentation. h.Licensee shall not unbundle individual or component parts of Software or Data for independent use. i.After a reasonable transition period,Licensee shall not use an older version ofthe Software that Licensee has updated to a newer version.Licensee shall not use more Software licenses at any given time than the total quantity in Licensee's licensed configuration on file with Esri. ARTICLE 5 TERM AND TERMINATION This License Agreement is effective upon acceptance.This License Agreement and any licenses granted hereunder shall continue until (i)such time that Licensee elects in writing to discontinue use of Software,Data,Web Services,or Documentation and terminates the license;(ii)expiration ofa Term License;or (iii)either party terminates the license for a material breach that is not cured within ten (10)days ofwritten notice to the other party,except that termination is immediate for a material breach of a nature that is impossible to cure.Upon termination ofa license,Licensee shall (i)cease access and use ofWeb Services and clear Web Services client-side data cache and (ii)cease use,uninstall,remove,and destroy all Software,Data,and Documentation and any whole or partial copies,modifications,or merged portions in any form and execute and deliver evidence of such actions to Esri. ARTICLE 6 LIMITEDWARRANTIES AND DISCLAIMERS 6.1 Limited Warranties.Except as otherwise provided inthis Article 6,Esri warrants that (i)the unmodified Software will substantially conform to the published Documentation and (ii)media on which the Software,Data,and Documentation are provided willbe free from defects in materials and workmanship under normal use and service for a period of ninety (90)days from the date of receipt. 6.2 Data and Web Services Disclaimer.Data and Web Services may contain some nonconformities,defects,errors,or omissions.THE DATAAND WEB SERVICES ARE PROVIDED "AS IS"WITHOUTWARRANTYOF ANYKIND. Without limitingthe generality of the preceding sentence,Esri and its licensors do not warrant that Data and Web Services willmeet Licensee's needs or expectations,that the use ofData and Web Services willbe uninterrupted,or that all nonconformities can or willbe corrected.Esri and its licensors are not invitingreliance on Data or Web Services,and Licensee should always verify actual Data or Web Services. 6.3 Special Disclaimer.SAMPLES,HOT FIXES,PATCHES,EVALUATIONSOFTWARE,AND BETA ARE DELIVERED "AS IS"WITHOUTWARRANTYOF ANYKIND.LICENSEE ASSUMES ALLRISK AS TO THE QUALITYAND PERFORMANCE OF THE SAMPLES,HOT FIXES,PATCHES,EVALUATIONSOFTWARE,AND BETA. 6.4 Internet Disclaimer.THE PARTIES EXPRESSLY ACKNOWLEDGEAND AGREE THATTHE INTERNET IS A NETWORK OF PRIVATEANDPUBLIC NETWORKS AND THAT(i)THE INTERNET IS NOT A SECURE INFRASTRUCTURE,(ii)THE PARTIES HAVENO CONTROL OVER THE INTERNET,AND (iii)NONE OF THE PARTIES SHALLBE LIABLEFOR DAMAGESUNDER ANYTHEORY OF LAWRELATED TO THE DISCONTINUANCEOF OPERATION OF ANYPORTION OF THE INTERNET OR POSSIBLE REGULATIONOF THE INTERNET THATMIGHTRESTRICT OR PROHIBIT THE OPERATION OF THE WEB SERVICE. 6.5 General Disclaimer.EXCEPT FOR THE ABOVEEXPRESS LIMITEDWARRANTIES,ESRI DISCLAIMSALL OTHER WARRANTIES OR CONDITIONS OF ANYKIND,WHETHER EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITEDTO,WARRANTIES OR CONDITIONS OF MERCHANTABILITYAND FITNESS FOR A PARTICULARPURPOSE,SYSTEM INTEGRATION,ANDNONINFRINGEMENTOF INTELLECTUALPROPERTY RIGHTS.ESRI DOES NOT WARRANTAND DISCLAIMSTHAT SOFTWARE,DATA,WEB SERVICES,OR DOCUMENTATIONWILLMEET LICENSEE'S NEEDS;THATLICENSEE'S OPERATION OF THE SAME WILLBE UNINTERRUPTED,ERROR-FREE,FAULT-TOLERANT,OR FAIL-SAFE;OR THATALLNONCONFORMITIES CAN OR WILLBE CORRECTED.SOFTWARE,DATA,WEB SERVICES,ANDDOCUMENTATIONARE NOT DESIGNED,MANUFACTURED,OR INTENDEDFOR USE IN ENVIRONMENTSOR APPLICATIONS THATMAY LEAD TO DEATH,PERSONAL INJURY,OR PHYSICALPROPERTY/ENVIRONMENTALDAMAGE.ANY SUCH USE SHALLBE AT LICENSEE'S OWN RISK AND COST. E200 Pg 3 of6 04/19/2010 324 6.6 Exclusive Remedy.Licensee's exclusive remedy and Esri's entire liabilityfor breach ofthe limited warranties set forfltin this Article 6 shall be limited,at Esri's sole discretion,to (i)replacement ofany defective media;(ii)repair,correction,or a workaround for Software subject to the Esri Maintenance Program found at www.esri.corn/le al/maintenance.html;or (iii)return ofthe license fees paid by Licensee for Software or Documentation that does not meet Esri's limited warranty, provided that Licensee uninstalls,removes,and destroys all copies of Software or Documentation and executes and delivers evidence of such actions to Esri. ARTICLE 7 LIMITATIONOF LIABILITY 7.1 Disclaimer of Certain Types of Liability.ESRI AND ITS LICENSORS SHALLNOT BE LIABLETO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOST PROFITS,LOST SALES,OR BUSINESS EXPENDITURES;INVESTMENTS;BUSINESS COMMITMENTS;LOSS OF ANY GOODWILL;OR FOR ANYINDIRECT,SPECIAL,INCIDENTAL,OR CONSEQUENTIALDAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR USE OF SOFTWARE,DATA,WEB SERVICES,OR DOCUMENTATION, HOWEVER CAUSED ON ANYTHEORY OF LIABILITY,WHETHER OR NOT ESRI OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGE.THESE LIMITATIONSSHALLAPPLY NOTWITHSTANDINGANYFAILUREOF ESSENTIAL PURPOSE OF ANYLIMITEDREMEDY. 7.2 General Limitation of Liability.EXCEPT AS PROVIDED IN ARTICLE8 INFRINGEMENTINDEMNITY,ESRI'S TOTALCUMULATIVELIABILITYHEREUNDER,FROM ALLCAUSES OF ACTIONOF ANYKIND,INCLUDING, BUT NOT LIMITEDTO,CONTRACT,TORT (INCLUDINGNEGLIGENCE),STRICT LIABILITY,BREACH OF WARRANTY,MISREPRESENTATION,OR OTHERWISE,SHALLNOT EXCEED THE AMOUNTSPAID BY LICENSEE FOR SOFTWARE,DATA,WEB SERVICES,OR DOCUMENTATIONPURSUANT TO THIS LICENSE AGREEMENT. 7.3 Applicabilityof Disclaimers and Limitations.Licensee agrees that the limitations of liabilityand disclaimers set forth in this License Agreement willapply regardless of whether Licensee has accepted Software,Data,Web Services,or Documentation or any other product or service delivered by Esri.The parhes agree that Esri has set its fees and entered into this License Agreement in reliance on the disclaimers and limitations set forfltherein,that the same reflect an allocation of risk between the parties,and that the same form an essential basis of the bargain between the parties.THESE LIMITATIONS SHALL APPLY NOTWITHSTANDINGANYFAILURE OF ESSENTIAL PURPOSE OF ANYLIMITEDREMEDY. ARTICLE 8 INFRINGEMENTINDEMNITY 8.1 Esri shall defend,indemnify,and hold harmless Licensee from and against any loss,liability,cost,or expense,including reasonable attorneys'ees,which may be incurred by Licensee against any claims,actions,or demands by a third party alleging that Software infringes a U.S.patent,copyright,or trademark,provided a.Licensee promptly notifies Esri in writing ofthe claim; b.Licensee provides documents clearly describing the allegations of infringement; c.Esri has sole control ofthe defense of any actions and negotiations related to the defense or settlement ofany claim; and d.Licensee cooperates fullyin the defense ofthe claim. 8.2 IfSoftware is found to infringe a U.S.patent,copyright,or trademark,Esri,at its own expense,may either (i)obtain rights for Licensee to continue using Software or (ii)modify the allegedly infringingelements of Software while maintaining substantially similar software functionality or data/informational content.Ifneither alternative is commercially reasonable, the infringing item(s)shall be returned to Esri,the license shall terminate,and Licensee shall uninstall the infringing items. Esri's entire liabilityshall then be to indemnify Licensee pursuant to Section 8.1 and to refund license fees paid by Licensee for the infringing item(s),prorated on a five (5)-year,straight-line depreciation basis beginning from the initialdate of delivery. 8.3 Esri shall have no obligation to defend Licensee or to pay any resulting costs,damages,or attorneys'ees for any claims or demands alleging direct or contributory infringement of Software by (i)the combination ofor integration with a product, process,or system not supplied by Esri;(ii)material alteration by anyone other than Esri or contractors acting on behalf of E200 Pg 4 of6 04/19/2010 325 Esri;(iii)use after Licensee has been notified of possible infringement;or (iv)use after modifications are provided or a return is ordered by Esri under Section 8.2. 8.4 In no event shall the indemnification set forth in this Article 8 apply to any Samples,Beta,or evaluation software delivered hereunder. THE FOREGOING STATES THE ENTIRE OBLIGATIONOF ESRI WITHRESPECT TO INFRINGEMENTOR ALLEGATIONOF INFRINGEMENTOF INTELLECTUALPROPERTY RIGHTS OF ANYTHIRD PARTY. ARTICLE 9 GENERALPROVISIONS 9.1 Future Orders/Updates.New or updated Software,Data,Web Services,and Documentation may require additional or differing terms for use.New or updated Software,Data,Web Services,and Documentation shall be governed by the then- current Esri license terms and conditions.Updated versions of the license terms and conditions willbe available on Esri's Web site,included with a quote,or included withthe deliverable Software,Data,Web Services,or Documentation. 9.2 Export Control Regulations.Licensee expressly acknowledges and agrees that Licensee shall not export,reexport, transfer,or release Software,Data,Web Services,or Documentation,in whole or in part,to (i)any U.S.embargoed country (or to a national or resident of any U.S.embargoed country);(ii)any person on the U.S.Treasury Department's list of Specially Designated Nationals;(iii)any person or entity on the U.S.Commerce Department's Denied Persons List,Entity List,or Unverified List;or (iv)any person or entity where such export or reexport violates any U.S.export control laws or regulations including,but not limited to,the terms of any export license or license exemption and any amendments and supplemental additions to U.S.export laws as they may occur from time to time. 9.3 Taxes and Fees,Shipping Charges.License fees quoted to Licensee are exclusive ofany and all taxes or fees, including,but not limited to,sales tax,use tax,value-added tax (VAT),customs,duties,or tariffs,and shipping and handling charges. 9.4 No Implied Waivers.The failure ofeither party to enforce any provision ofthis License Agreement shall not be deemed a waiver ofthe provisions or ofthe right of such party thereafter to enforce that or any other provision. 9.5 Severability.The parhes agree that ifany provision ofthis License Agreement is held to be unenforceable for any reason,such provision shall be reformed only to the extent necessary to make the intent ofthe language enforceable. 9.6 Successor and Assigns.Licensee shall not assign,sublicense,or transfer Licensee's rights or delegate its obligations under this License Agreement without Esri's prior written consent,and any attempt to do so without consent shall be void. This License Agreement shall be binding upon the respective successors and assigns of the parties to this License Agreement. Notwithstanding,a government contractor that has acquired Software,Data,Web Services,or Documentation under contract to the government may assign this License Agreement to its government customer upon written notice to Esri,provided the government customer assents to the terms ofthis License Agreement. 9.7 Survival of Terms.The provisions ofArticles 2,5,6,7,8,and 9 ofthis License Agreement shall survive the expiration or termination of this License Agreement. 9.8 Equitable Relief.Licensee agrees that any breach ofthis License Agreement by Licensee may cause irreparable damage and that,in the event of such breach,in addition to any and all remedies at law,Esri shall have the right to seek an injunction, specific performance,or other equitable reliefin any court ofcompetent jurisdiction without the requirement of posting a bond or undertaking or proving injury as a condition for relief. 9.9 U.S.Government Licensee.The Software,Data,Web Services,and Documentation are commercial computer software, commercial data,commercial computer software documentation,and commercial Web Services.This License Agreement contains Esri's commercial license terms and conditions for such items.The commercial license rights inthis License Agreement strictly govern Licensee's use,reproduction,or disclosure ofthe Software,Data,Web Services,and Documentation.No other license terms or conditions shall apply unless expressly agreed in writingby Esri and Licensee.Esri Software source code is unpublished and all rights to the Software,Data,Web Services,and Documentation are reserved.In the event any court,arbitrator,or board holds that Licensee has greater rights to any poison of the Software,Data,Web E200 Pg 5 of6 04/19/2010 326 Services,or Documentation under U.S.procurement law,such rights shall extend only to the portion affected,and use, duplication,or disclosure by Licensee is subject to restrictions as provided in FAR 52.227-19(b)(DEC 2007),FAR 52,227- 14 (ALTIII)(DEC 2007),DFARS 252.227-7015 (NOV 1995),or NFS 1852.227-86 (DEC 1987). 9.10 Governing Law,Arbitration.This License Agreement shall be governed by and construed in accordance with the laws ofthe State of California without reference to conflict oflaws principles,except that U.S.federal law shall govern in matters of intellectual property.Except as provided in Section 9.8,any dispute arising out of or relating to this License Agreement or the breach thereof,which cannot be settled through negotiation,shall be finally settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.Judgment on the award rendered by the arbitrator may be entered in a court ofcompetent jurisdiction.IfLicensee is a U.S.government agency,this License Agreement is subject to the Contract Disputes Act of 1978,as amended (41 U.S.C.601 —613),in lieu of the arbitration provisions of this clause.This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale ofGoods,the application of which is expressly excluded. 9.11 Maintenance.Maintenance for qualifying Software or Data consists ofupdates and other benefits such as access to technical support,specified in Esri's most current applicable software maintenance policy. 9.12 Patents.Licensee may not seek,and may not permit any other user to seek,a patent or similar right worldwide that is based on or incorporates any Esri technology or services.This express prohibition on patenting shall not apply to Licensee's software and technology except to the extent that Esri technology or services,or any portion thereof,are part ofany claim or preferred embodiment in a patent application or a similar application. E200 Pg6of6 04/19/2010 327 EXHIBIT1 SCOPE OF USE (E300 09/29/2011) Esri,380 New York St.,Redlands,CA 92373-8100 USA ~TEL 909-793-2853 ~FAX909-793-5953 The scope ofuse for the Software,Data,and Web Services identified below is described in the applicable footnotes identified in parentheses. Software 'rcExplorer Java and Windows Editions l20 and 25) ArcGIS API for iOS,Windows Phone,or Android ll,16,25,and 33) ArcGIS Desktop —ArcInfo leither I or 2 and 25,26,33,44,and 45) —ArcEditor leither I or 2 and 25,26,33,44,and 45) —ArcViewleither I or 2 and 25,33,44,and 45) ArcGIS Desktop Extensions l7) ArcGIS Engine Developer Kitand Extensions lI,14,15,22,25, 26,and 43) ArcGIS Engine Runtime and Extensions leither I or 2 and 15,22, 25,26,and 33) ArcGIS Explorer l20,25,and 33) ArcGIS for AutoCADll,20,and 25) ArcGIS for iOS ll,25,and 33) ArcGIS Mobile Deployments ll,15,16,25,33,and 54) ArcGIS Runtime ll,15,18,33,35,and 59) ArcGIS Runtime SDK ll,15,18,33,35,and 60) ArcGIS Server —Workgroup leither 3 or 5 and 8,9,25,28,29,30,32,33,38, 39,40,and 45;iflicensed as a Term License,6 willalso apply)—Enterprise leither 3,4,or 5 and 8,9,25,27,31,33,38,39,40, and 45;iflicensed as a Term License,6 willalso apply) Cloud Bundle l6 and 33) ArcGIS Server Extensions —ArcGIS for INSPIRE l7,8,33,and 35) —ArcGIS Server Geoportal Extension leither 3,4,or 5 and 7 and 52)—ArcGIS Server Image Extension l7,8,and 42) —ArcGIS Server Image Extension Service Editor lI) —Other Extensions l7) ArcGIS Web Mapping lincluding SharePoint,JavaScript,Adobe Flex,Microsoft Silverlight/WPF,SOAP,and REST)l6,33,and 35) ArcIMS ArcIMS and Extensions leither 3,4,or 5 and 8,10,31,and 45) ArcLogistics —Desktop lland 25) —Using ArcGIS Online l6,20,25,34,35,and 46)—Using ArcGIS Server l6,20,25,34,35,and 46) —Navigator lI and 46) ArcPad ll,12,13,25,and 33) ArcReader l20,25,33,and 45) ArcView3.x and Extensions lI,7,and 17) Esri Aeronautical Solution leither I or 2) Esri Business Analyst lCanadian Edition)leither I or 2 and 6,25, 33,36,45,and 48) Esri Business Analyst leither I or 2 and 25,33,45,and 48) Esri Business Analyst Online API forAdobe Flex,Microsoft Silverlight,SOAP,and REST l6,16,25,33,35,55,and 56) Esri Business Analyst Server —Workgroup leither 3,4,or 5 and 8,9,21,25,28,29,31,33, 39,40,45,and 48)—Enterprise leither 3,4,or 5 and 8,9,21,25,27,31,33,39,40, 45,and 48) Esri Business Analyst Server lCanadian Edition)leither 3,4,or 5 and 8,9,21,25,27,31,33,36,39,40,45,and 48) Esri Business Analyst Server Developer l3,6,25,33,35,and 51) Esri Business Analyst Server Developer lCanadian Edition)l3,6, 25,33,35,36,and 51) Esri CityEngine leither I or 2 and 44) Esri Defense Mapping leither I or 2) Esri Developer Network lEDN)Software,Web Services,and Data l6,7,24,25,26,33,34,and 35) Esri File Geodatabase API l47) Esri Nautical Solution leither I or 2) Esri Production Mapping leither I or 2) Geoportal Clients for ArcGIS l7,20,and 52) MapIt lI I,25,31,33,35,49,and 50) MapObjects Java Edition ll,5,8,15,18,and 19) MapObjects LT ll,14,and 16) MapObjects Windows Edition ll,14,15,16,and 18) MOLE lI) NetEngine Internet l5) Portal forArcGIS l5,6,31,33,61,62,and 63) Tracking Server leither 4 or 5 and 31) Web Services'rcGIS Online Services l6,25,33,34,and 35)'sri Business Analyst Online l6,25,33,48,56,57,and 58)'sri Business Analyst Online Mobile ll,6,25,33,48,56,57,and 58)'sri Community Analyst l6,25,33,48,56,57,and 58)'sri MapStudio l6,25,33,34,35,and 56)'sri Redistricting Online l6,25,33,34,and 35) Data Data withArcGIS Data Appliance l6,23,25,and 41) Esri Address Coder leither I,2,or 5 and 21,22,25,and 48) Esri Business Analyst lCanadian Edition)Data leither I or 2 and 6,21,25,33,36,45,and 48) Esri Business Analyst Data leither I or 2 and 21,25,33,45,and 48) Esri Business Analyst Server lCanadian Edition)Data leither 3, 4,or 5 and 21,25,33,36,45,and 48) Esri Business Analyst Server Data leither 3,4,or 5 and 21,25, 33,45,and 48) Esri Data &Maps leither I,2,3,4,or 5 and 23 and 37) Esri Data(either 1,2,or 5 and25 and48) —Demographic,Consumer Spending,Market Potential,Retail MarketPlace,Business,Traffic,Shopping Center,Cable Boundaries,Banking,and Crime Sourcebook America lI and 21) StreetMap Premium leither I,2,4,or 5 and 6 and 25) Tapestry Segmentation leither I,2,or 5 and 21 and 48) E300 Page 1 of4 09/29/2011 328 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. "Single Use License."Licensee may permit a single authorized end user to install and use the Software,Data,and Documentation on a single computer for use by that end user on the computer on which the Software is installed.Remote access is not permitted.Licensee may permit the single authorized end user to make a second copy for end user's exclusive use on a portable computer as long as only one (I)copy of the Software,Data,and Documentation is in use at any one (I)time.No other end user may use the Software,Data,or Documentation under the same license at the same time for any other purpose. "Concurrent Use License."Licensee may install and use the Software,Data,and Documentation on computer(s)on a network, but the number of simultaneous users may not exceed the number of licenses acquired.No other end user may use the Software,Data,or Documentation under the same license at the same time for any other purpose. "Development Server License."Licensee may install and use the Software on a single computer to design and build applications that interface with or utilize server Software as described in the Documentation. "Staging Server License."In addition to the Development Server License rights,Licensee may use and install the Software for the following purposes:user acceptance testing,performance testing,load testing ofother third-party software,staging new commercial data updates,and training activities. "Deployment Server License."In addition to the Staging Server License rights,Licensee may install and use the Software or Data to provide services to multiple users on the same or other computer(s). "Term License."License is provided for use for a limited time period or on a subscription or transaction basis. Extensions to Software programs followthe same scope of use as that granted for the corresponding Software programs. The administration tools for the Software may be copied and redistributed throughout Licensee's organization. User-developed ArcGIS Server administration tools may be copied throughout Licensee's organization,but the ArcCatalog application (found in ArcGIS Desktop)may not be copied. The ArcIMS license includes the right to deploy MapObj ects —Windows Edition applications on the Internet or intranet. Licensee shall not develop client/server solutions withthe ArcIMS—Java Archive (JAR)files without a license for the MapObjects —Java Edition developer kit. Licensee may install and use the Software to provide services to multiple users on the same or other computer(s).The Software is licensed per server.The licensed server is the server on which Licensee installs the Spatial Data Service. Software is only licensed for navigational use when used in conjunction withArcLogistics. "Dual Use License"means the Software may be installed on a desktop computer and used simultaneously with either a personal digital assistant (PDA)or handheld mobile computer as long as the Software is only used by a single individual at any one (I)time. Developers must include the following attribution with any deployed MapObjects application:"Portions ofthis computer program are owned by LizardTech,Inc.,and are Copyright 1995 —2002 LizardTech,Inc.,and/or the University of California. Allrights reserved.US Patent No.5,710,835." Deployment licenses for desktop or Internet application(s)may be subject to payment ofadditional license fees. Licensee may deliver applications to its sublicensee(s)provided Licensee uses a written sublicense agreement that protects Esri's rights in its Software,Data,Web Services,and Documentation to the same extent as the Esri License Agreement including,but not limited to,the followingterms: C. d. Sublicensee may not reverse engineer,decompile,or disassemble the Esri Software,Data,Web Services,or Documentation,except to the extent permitted by applicable law;copy for commercial use;transfer;or assign its rights under the license grant; Sublicensee may not use any Esri Software,Data,Web Services,or Documentation,in whole or in part,separate from Licensee's executable application;and Third-party dependent or required components are redistributable subject to permission from the owner or author. Applications may be subject to deployment fees owed to Esri.Licensee shall contact its distributor for details. 17. 18. 19. 20. 21. Licensee may use Business Objects Crystal Reports software only with the ArcView 3.x Software with which it was acquired and subject to the Crystal Reports License Agreement available on the media.Licensee may not use a software program or system to cache or queue report requests. The deployment license is per application per computer. MapObjects —Java Edition contains Java Archive files,which indicate they are authentic Esri-certificated files when used over the Internet.Licensee shall not use Esri certification or reference Esri as a source of trusted content in any modified MapObjects —Java Archive files.Licensee may deploy the unmodified Java class Esri-certified libraries as an integral part of the Licensee's application(s). Licensee may reproduce and deploy the Software provided all the followingoccur:(a)the Software is reproduced and deployed in its entirety;(b)a license agreement accompanies each copy of the Software that protects the Software to the same extent as the Esri License Agreement,and the recipient agrees to be bound by the terms and conditions ofthe license agreement;(c)all copyright and trademark attributions/notices are reproduced;and (d)there is no charge or fee attributable to the use ofthe Software. Licensee shall not withhold any substantial right (e.g.,extension of credit)from any individual based solely on the individual's place ofresidence,as profiled in the Tapestry Segmentation system. E300 Page 2 of4 09/29/2011 329 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (a)ArcGIS Engine Runtime licenses shall not be used for Internet and server development and deployment;(b)an end user must license either ArcGIS Engine Runtime Software or other ArcGIS Desktop Software (ArcView,ArcEditor,or Arclnfo)to obtain the right to run an ArcGIS Engine application on one (I)computer;and (c)the ArcGIS Engine Runtime extensions shall not be used in combination with ArcGIS Desktop Software to run ArcGIS Engine applications.A single user can have multiple applications installed on one (I)computer foruse only by that end user. Licensee may redistribute the Data as described in the Redistribution Rights Matrixavailable at htt://www.esrkcom/Ie al/,in the Help system,or in supporting metadata files,subject to the specific attribution descriptions and requirements for the dataset accessed. EDN Software,Web Services,and Data may only be used by one (I)named developer per subscription solely for the purposes of research,development,testing,and demonstration of a prototype application.EDN server Software and Data may be installed on multiple computers for use by any named EDN developer. Use ofincluded third-party owned data shall be subject to the Use ofData Restrictions found at htt://www.esrkcom/Ie al/for the specific Data accessed.The Use ofData Restrictions may be modified by Esri from time to time.Ifa modification is unacceptable to Licensee,Licensee may cancel a subscription upon written notice to Esri,or discontinue use ofthe Data or Web Services,as applicable.IfLicensee continues to use the Data or Web Services,Licensee willbe deemed to have accepted the modification. An ArcSDE Personal Edition geodatabase is restricted to ten (10)gigabytes of Licensee data. ArcGIS Server Web ADF Runtime Software may not be deployed independent of Licensee's ArcGIS Server Enterprise configuration. Use is limited to ten (10)concurrent end users ofapplications other than ArcGIS Server applications.This restriction includes use of ArcGIS Desktop Software,ArcGIS Engine Software,and third-party applications that connect directly to any ArcGIS Server geodatabase.There are no limitations on the number of connections from web applications. Software can only be used with SQL Server 2005/2008 Express. Use is restricted to a maximum of ten (10)gigabytes ofLicensee data. Redundant Software installation(s)for failover operations is allowed but can only be operational during the period the primary site is nonoperational.The redundant Software installation(s)shall remain dormant,except for system maintenance and updating of databases,while the primary site or any other redundant site is operational. No redundant Software installation is permitted. Licensee's access to and use of Cloud Bundle,ArcGIS Web Mapping,ArcGIS Online Services,Business Analyst Online, Business Analyst Online API,or Microsoft Bing Maps is conditioned upon Licensee's acceptance of the Esri Web Services and API Terms ofUse,the Business Anal st Online Web Subscri tion Terms and Conditions,the Terms of Use for Bin Ma s Services,and any other terms and conditions applicable thereto or to any third-party data being accessed through them,found at htt://www.esrkcom/Ie al. Licensee's organization is limited to the number of specified credits,transactions,geography,or number of users as described in the online product description. Licensed end users shall not share the client-side data cache derived from ArcGIS Online Services with other licensed end users or third parties. Licensee's use ofEsri Business Analyst (Canadian Edition)Data is subject to the Use ofData Restrictions specific to Esri Business Anal st Canadian Edition Data. Data provided with StreetMap USA may be used for mapping,geocoding,and routing purposes but is not licensed for dynamic routing purposes.For instance,StreetMap USA may not be used to alert a user about upcoming maneuvers (such as warning of an upcoming turn)or to calculate an alternate route ifa turn is missed. The ArcGIS Server 3D extension included with ArcGIS Server Standard (Workgroup or Enterprise)may only be used for generating globe data cache(s)or publishing a globe document as an ArcGIS Globe Service.No other use of the ArcGIS Server 3D extension Software is permitted with ArcGIS Server Standard. Any editing functionality included withArcGIS Server is not permitted for use withArcGIS Server Basic (Workgroup or Enterprise). Geospatial Enterprise JavaBeans (EJB)provided withArcGIS Server (Workgroup or Enterprise)is permitted for use only with ArcGIS Server Advanced. Licensee may only use Data from a single state with the Single State version ofArcGIS Data Appliance.This restriction applies to a large-scale (Le.,scale levels below I:100,000)street map,transportation layer,boundaries and places layer,and one (I)-meter or better resolution imagery included in the USA Collection.This restriction does not apply to the small-scale (Le.,scale levels above I:100,000)maps provided in the World Collection,which are intended for display at global and regional scales. Licensee has the right to one (I)desktop deployment of the ArcGIS Server Image extension Service Definition Editor for every four (4)cores ofArcGIS Server Image extension that are licensed. Licensee may develop an unlimited number of applications on a single computer and deliver the applications to end users with or without the ArcGIS Engine Runtime Software. E300 Page 3 of4 09/29/2011 330 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 For any operating system environment in which Licensee runs instances ofthe Concurrent Use License management software, Licensee may run up to the same number of passive failover instances of the Concurrent Use License management software in a separate operating system environment for temporary failover support. Data licensed with Esri Business Analyst and Esri Business Analyst Server is restricted for use only in conjunction with the respective Business Analyst extension. Licensee should not followany route suggestions that appear to be hazardous,unsafe,or illegal.Licensee assumes all risk of using this navigation Software. Licensee may develop and distribute software or web applications that use the Esri File Geodatabase API to Licensee's end users. Licensee may include reports and maps created from the Software or Data in hard-copy or read-only format for presentation packages or marketing studies for subsidiaries and customers.The total content of the Esri reports and maps must be less than twenty percent (20%)of Licensee's total content of the presentation package or marketing study.Full,complete,stand-alone reports or maps created from the Software or Data and not part of a presentation package or marketing study cannot be resold, sublicensed,or otherwise transferred without prior written permission of Esri.Licensee's third-party customer may only receive reports and maps generated by Licensee and may only use the maps and reports received from Licensee for internal purposes. In no case shall Licensee redistribute the Data in digital formats. Esri MapIt Silverlight Web or WPF applications may not be deployed independent ofLicensee's MapIt deployment configuration. Licensee has the right to one (I)desktop deployment of Spatial Data Assistant for each Esri MapIt server license. Esri Business Analyst Server Developer and Data may only be installed on one (I)server per license solely for the purposes of research,development,testing,and demonstration of a prototype application. Source code is the intellectual property of Esri.Licensee shall treat any source code file identified as "Software"in a README file or at htt://www.esri.com/le al/as a trade secret for Licensee's own internal use only and not for further redistribution or access by unlicensed third parties.Licensee shall not modify the Software,Documentation,Data,or source code to incorporate, embed,link,or otherwise include any code,libraries,or data licensed or distributed under an open source licensing or distribution models similar to Free Software Foundation's GNU General Public License (GPL)or GPL-compliant licenses, including,without limitation,the Artistic License (e.g.,Perl),the Mozilla Public License,the Netscape Public License,and the Sun Community or Industry Standards License,that could require a user to make its proprietary source code available to a requesting third party. Reserved. ArcGIS Mobile is licensed for use with ArcGIS Server Advanced (Enterprise or Workgroup)and ArcGIS Desktop (Arclnfo, ArcEditor,ArcView,and ArcGIS Engine applications). Licensee may develop software or web applications that use the Business Analyst Online API to access,query,create,display, and redistribute Reports and resulting static,electronic maps to end user(s)ofLicensee's software or web applications.End user(s)ofLicensee's software or web applications may use the Reports and maps for internal purposes only and not for further redistribution."Report"means any formatted output created by the Business Analyst Online API,which includes PDF,CSV, Excel,HTML,and XMLformats.Licensee shall not redistribute any Data in vector formats. For Reports or maps displayed or posted to an external website,or Reports or maps created for Licensee's end user(s),Licensee shall affixan attribution notice to Licensee's online and/or hard-copy output that acknowledges Esri's and its third-party data supplier's intellectual property.These notices are found in the PDF or export image format ofeach individual Report or image, or as follows:"Source [Esri,Supplier]"or Copyright [year(s)][Esri,Supplier].Allrights reserved." Licensee may only display or post any combination of 100 Business Analyst Online or Community Analyst Reports and maps on its external websites. Licensee shall order a separate Business Analyst Online or Community Analyst subscription for each person who uses Business Analyst Online or Community Analyst and shall provide output from the Business Analyst Online or Community Analyst subscription only to the e-mail ofthe individual subscriber. Licensee may develop an unlimited number of applications on a single computer and deliver the applications to end users with or without the ArcGIS Runtime Software up to the number ofdeployment licenses that have been purchased. (a)ArcGIS Runtime licenses shall not be used for Internet and server development and deployment;(b)an end user must purchase a software application that includes an ArcGIS Runtime license to obtain the right to run an ArcGIS Runtime application on one (I)computer.A single user may have multiple ArcGIS Runtime licensed applications installed on one (I)computer that utilize a single ArcGIS Runtime. Oracle is a third-party beneficiary ofEsri's rights under the Esri License Agreement withrespect to the Software but is not a party hereto and assumes no obligations hereunder. Esri and its Licensors reserve the right to conduct an audit ofLicensee's use ofthe Software.Licensee willprovide reasonable assistance and access to information regarding Licensee's use of the Software.Auditresults may be reported to Esri's Licensors.Fees for over-deployment or excess usage are payable within thirty (30)days ofthe invoice date. Licensee may not publish the results of benchmark tests run on the Software without the prior written permission ofEsri and its Licensors. E300 Page 4 of4 09/29/2011 331 State of Montana Amendment to Master Purchase Agreement This is an amendment to the ESRI Terms and Conditions for the Master Purchase Agreement (hereinafter referred to as "Agreement").ESRI,having its principal place of business at 380 New Vork St.,Redlands,CA 92373,and MONTANADEPARTMENT of ADMINISTRATION,having its principal place of business at 125 N.Roberts,MITCHELL BUILDING,City of HELENA,State of MT Zip:59620 hereinafter called the State: Chan e Article 10.11 Governin Law Arbitration to read: This agreement shall be governed by the laws of Montana.The parties agree that any litigation concerning this Agreement must be brought in the First Judicial District in and for the County of Lewis and Clark,State of Montana. Add the followin ACCESS AND RETENTION OF RECORDS ESRI agrees to provide State,the Legislative Auditor or their authorized agents access to any records necessary under this Agreement to determine contract compliance, provided,however,such audit shall not occur prior to ESRI receiving reasonable advance written notice of such audit. ESRI agrees to create and retain all records supporting the products and services rendered in support of this Agreement for a period of three years after either the completion date of this Agreement or the conclusion of any claim,litigation or exception relating to this Agreement taken by the State of Montana or a third party.(Reference: 18-1-118,MCA.) FUTURE APPROPRIATIONS The State,at its sole discretion,may terminate or reduce the scope of this Agreement if available funding is reduced for any reason.(18-4-313(3),MCA). Intentionall Blank Si natures Immediatel Follow 332 Amendment 7 Master Purchase Agreement No.2004MPA3427 Earl,3SO New YorkSi.,Redfende,CA 32373-3100 USA ~TELSCS-733-2333 ~FAXSSS-'las-SSS3 This Amendment amends the Master Purchase Agreement (MPA)between Environmental Systems Research Institute,Inc.of Redlands,California (Esri),and the State ofMontana (Montana). Amendment 7 amends the MPA as follows: 1)Pursuant to 'Term ofA ree e e The term ofthis MPA is extended until October 28,2014. 2)Esri M ATerms and Conditions E500 Article9-Pricin .Delete the last sentence ofthe first paragraph in Article 9-Pricing and replace with the followingsentence:"Esri may update the pricing no more than once each calendar quarter upon written notice to Customer." 3)E te rise Adva ta e Pro r m EAP ELAAddendum E125-ELA.E125-ELA4/4/2011 Enterprise Advantage Progrstn (EAP)ELAAddendum is hereby included in this amendment. 4)Train'rm and Condition 2 Z.The existing Training Terms and Conditions E207 9/09 is deleted and replaced with Training Terms and Conditions E207CW 7/I I,A copy ofthe E207CW document is attached. 5)Custom So T hnical Data a I License Addend The existing Custom Software, Technical Data,and Assistance License Addendum E600 is replaced withE600 12/02/201 1.A copy ofthe E600 document is attached. 6)Time and Material h ule J-8410.The existing 2011 Esri Time and Materials Rate Schedule J-8410 is deleted and replaced with the 2012 Time and Materials Rate Schedule J-8410. 7)Im I m ntation Servic n um'or Services G363D.G363D 11/I/2010 Implementation Services Addendum for Services Packages is hereby included in this amendment. 8)Esri Pri List E416.The existing Esri MPA Price List,E416 10/10 is deleted and replaced with MPA Price List,E416 10/11.A copy ofthe E416 document is attached. 9)Acopy ofthe current license agreement consisting ofGeneral License Terms and Conditions E200 and Exhibit 1- Scope ofUse E300 are enclosed.The revisions originally negotiated to the General License Terms and Conditions, E200 remain efFective for follow-onversions and the Governing Law and Arbitration are defined pursuant to the State ofMontana Amendment to Master Purchase Agreement and is attached hereto, Except as may be specifically modified by this Amendment 7,all other terms and conditions ofthe MPA and any Amendment(s)or Addendum(s)constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements orrepresentations,written or oral;concerning the subject matter ofthis MPA.The parties hereto have executed this Amendment 7 to be effective,valid,and binding upon the parties as ofthe date below as executed by their duly authorized representatives, Accepted and STATE OF MONTANA (MONTANA) ENVIRONME ALSY INSTITUTE,C. (Esri) 7 SEA C Signature: Printed Name: Title: Signature: Printed Name:'sJ nson Manage eslic Co Date: 2004MPA3427-A7/TjB 11/29/2011 333 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Lance Lehigh, Interim City Engineer SUBJECT:Authorize City Manager to Sign the Professional Services Agreement with Morrison Maierle for the Sourdough Creek Intake Improvements Project MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign the Professional Services Agreement with Morrison Maierle for the Sourdough Creek Intake Improvements Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of the Professional Services Agreement with Morrison Maierle for the Sourdough Creek Intake Improvements Project. The document is in the City’s standard format. These services were procured through the City’s consultant selection process. A Request for Proposals was published in the Bozeman Daily Chronicle on July 17th and 31st, with the proposals being due on August 5th. Only one proposal was received in response to the request. That was submitted by Morrison Maierle who was determined to be qualified and selected for the project. The current contract is for the predesign services only. In this phase the consultant will review designs that were completed in 2010 but never implemented, identify any project enhancements, and review the project relative to current standards. Surveying, permitting review and coordination with the Forest Service will also be completed at this time. Once this phase is complete and accepted, an amendment will be negotiated to add the design phase services. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:$98,500 to be paid with American Rescue Plan Act (ARPA) funds. Attachments: Sourdough Intake Professional Services Agreement.pdf 334 Report compiled on: January 12, 2023 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Field Studio Landscape Architects, PLLC for Story Mill Community Park Splash Pad Construction Administration MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Professional Services Agreement with Field Studio Landscape Architects, PLLC for Story Mill Community Park Splash Pad Construction Administration STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:Field Studio Landscape Architects, PLLC (Field Studio) was hired by the Trust for Public Lands to create designs for the Story Mill Community Park Splash Pad. The splash pad has been a part of the Story Mill Community Park Master Plan since construction of the park commenced but funding was not available at that time. With design of the splash pad now complete and additional funding secured from the Trust for Public Lands and City of Bozeman CIP, the splash pad is scheduled for construction in 2023. Field Studio will provide professional landscape architecture services throughout the bidding and construction of the splash pad. UNRESOLVED ISSUES:NA. ALTERNATIVES:Per City Commission. FISCAL EFFECTS:Fees for Field Studio's professional services in the amount of $17,790 are planned for in the overall project budget including FY2023 CIP and donation from the Trust for Public Lands Attachments: 230109 Story Mill Splash Pad_Field Studio Architectural 366 Services Agreement_final for upload.docx Exhibit A-SMCP-SplashPad-FieldStudioScope.pdf ExhibitB-SMCP-SplashPadDesigns.pdf Report compiled on: December 27, 2022 367 Professional Services Agreement for Architectural Services Page 1 of 11 PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 20___ (“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, FIELD STUDIO LANDSCAPE ARCHITECTS, PLLC, 722 North Rouse Ave, Bozeman, Montana, hereinafter referred to as “Field Studio” or “Landscape Architect.” The City and Landscape Architect 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 hire Landscape Architect as an independent contractor to perform for City services described in the Scope of Services attached as Exhibit A and by this reference made a part hereof, and as necessary to oversee the construction of the Story Mill Community Park Splash Pad in accordance with the Construction Documents attached as Exhibit B. 2.Effective Date: This Agreement is effective upon the Effective Date. The Parties will develop a project schedule and timeline that is consistent with the needs of the City and in accordance with the effective date and termination date set forth in this Agreement, or an amendment will be required. 3.Scope of Work and Contract Documents: Landscape Architect will perform the work and provide the services in accordance with the requirements of the Scope of Services, see Exhibit A, and Story Mill Community Park Splash Pad Contract Documents,see Exhibit B. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.The “Story Mill Community Park Splash Pad Contract Documents”comprise of the following: i.Story Mill Park Splash Pad Construction Bid Set (dated Sept. 3, 2021); ii.Specification 131213 Exterior Fountain Story Mill (dated Sept. 2, 2021); and iii.W23547_StoryMill_4A, for reference only; not for construction (dated July 6, 2021). 4.Payment: City agrees to pay Landscape Architect the amount specified in the Scope of Services for services performed pursuant to the Scope of Services. The amount set forth in the Scope of Services is solely for Construction Administration, and does not include construction costs. 368 Professional Services Agreement for Architectural Services Page 2 of 11 Any alteration or deviation from the described work that involves additional costs above the Agreement amount will be performed by Landscape Architect after written request by the City, and will become an additional charge over and above the contract amount. The parties must agree in writing upon any additional charges. Invoices shall be submitted electronically to the City's Representative identified in Section 16 according to the terms in the Scope of Services attached hereto. 5. Landscape Architect’s Representations: To induce City to enter into this Agreement, Landscape Architect makes the following representations: a.Landscape Architect has familiarized itself with the nature and extent of this Agreement, the Scope of Services, Story Mill Community Park Splash Pad Construction Documents, and with all local conditions and federal, state and local laws, growth policies, adopted plans of the City, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. Landscape Architect represents that it has reviewed all relevant drawings and designs, Story Mill Community Park Splash Pad Construction Documents, programs and reports available as of the date of this Agreement and necessary for the execution of this Agreement; b.Landscape Architect 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; c.Landscape Architect represents and warrants to City that is responsible for the professional quality, technical accuracy, and coordination of all concepts, programming, reports, designs, drawings, specifications, and all other design and Story Mill Community Park Splash Pad Construction Documents necessary to execute this Agreement; d.Landscape Architect agrees that its services will be performed as expeditiously as is consistent with professional skill and care, and in accordance with the agreed upon project schedule. Landscape Architect recognizes and agrees that time is of the essence for the performances of its services to this Agreement, and that construction will commence with the award of the construction contract and upon receiving the City’s written notice to proceed. Landscape Architect understands that it is not authorized to commence work until it receives the City’s written notice to proceed; Landscape Architect will be fully responsible for its delays or for failures to use its best efforts in accordance with the terms of this Agreement. However neither Party shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations due to reasons for which it is not responsible or circumstances beyond its control. However, notice of such an impediment or delay in performance must be timely given in writing, and all reasonable efforts undertaken to 369 Professional Services Agreement for Architectural Services Page 3 of 11 mitigate its effects; e.Landscape Architect agrees that it will provide construction administration as set forth in the Scope of Services and Story Mill Community Park Splash Pad Construction Documents. Landscape Architect agrees to immediately inform the City whenever defects and deficiencies in the construction are observed, or when any observed actions or omissions are undertaken by any contractor or subcontractor which are not in the best interests of the City or the construction of the Story Mill Community Park Splash Pad; f.Landscape Architect agrees that it is responsible for the work performed, acts, and omission of all its employee, contractors, sub-contractors, and consultants used in the performance of this Agreement. Landscape Architect shall not substitute a contractor or sub-contractor consultant previously selected, as set forth in the Scope of Services, without the City’s prior written consent. Landscape Architect must supervise and direct the work, using its best skill and attention, of all contractors, sub-contractors, and consultants. This supervision includes, but is not limited to, ensuring that all safety precautions and programs in connection with the performance of this Agreement are initiated and maintained for the duration of the Agreement; g.Landscape Architect’s obligations and duties under this Agreement to inspect the contractor’s work does not relieve any contractor, sub-contractor, and consultantsfrom its obligations in accordance with the Scope of Services and the project design plans and Story Mill Community Park Splash Pad Construction Documents,and in compliance with all applicable laws and regulations. Landscape Architect represents that it owes a duty of inspection, as set forth in the Scope of Services, solely to the City; h.Except with the City’s knowledge and consent, the Landscape Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise its professional judgment with respect to this Agreement; i.Landscape Architect shall not be responsible for a directive or substitution made by the City without the Landscape Architect’s approval; j.The Parties understand that once services as described in the Scope of Services begins, additional professional services may be required. In such instance, Landscape Architect agrees to give the City written notice of such need no later than ten (10) working days prior to obtaining proposals for additional services for subcontracting. Such written notice will include an explanation of the facts and circumstances giving rise to the need for additional professional services. Landscape Architect must not proceed with providing additional professional services until it receives written authorization from the City. In instances when additional professional services are required and such services will increase the fixed fee as detailed in the Scope of Services, Landscape Architect agrees to give the City written notice of such need no later than fourteen (14) working days prior to obtaining proposals for additional services for subcontracting. Such written notice will include an explanation of the facts and circumstances giving rise to the need for additional professional services; and k.For the duration of this Agreement, Landscape Architect agrees to periodically update the City on the construction schedule and upon the City’s request. 370 Professional Services Agreement for Architectural Services Page 4 of 11 6.City’s Representations: a. The City must provide prompt written notice to Landscape Architect if the City becomes aware of any fault or defect in the services or work related to the services provided as set forth in the Scope of Services, including but not limited to errors, omissions, or inconsistencies; b. The City must provide full information to Landscape Architect so that it can perform the services set forth in this Agreement and the Scope of Services, including but not limited to objectives and constraints, performance requirements, schedule needs, technical data in the City’s possession, and any other relevant information the City deems is necessary for Landscape Architect to fulfill its obligations and duties under this Agreement; c. The City may, at its discretion, suspend, delay, or interrupt the Landscape Architect’s work under this Agreement for the convenience of the City or for reasons beyond the control of the City or the Landscape Architect. If the City chooses to exercise its right to suspend, delay, or interrupt the Landscape Architect, it must do so, in writing, at least seven (7) days prior to the suspension, delay, or interruption; 7.Substantial Completion: Landscape Architect understands that substantial completion for all construction must occurthirty (30) days prior to the final completion of the project. “Substantial Completion” of this Agreement is when the construction is sufficiently complete, in accordance with the Story Mill Community Park Splash Pad Construction Documents, see Exhibit B. Only minor and incidental corrective work under punch list items and final construction cleaning may remain for final completion. Upon providing the City with notice of the project’s substantial completion, the City must review any list (“punch list” as indicated in the Scope of Services) Landscape Architect provided. Upon review of Landscape Architect’s punch list, City agrees to provide Landscape Architect with its own punch list and/or additional items to add to Landscape Architect’s punch list. 8.Independent Contractor Status: The parties agree that Landscape Architect is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Landscape Architect 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. Landscape Architect is not authorized to represent the City or otherwise bind the City in any dealings between Landscape Architect and any third parties. Landscape Architect 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. Landscape Architect shall maintain workers’ compensation coverage for all members and employees of Landscape Architect’s business, except for those members who are exempted by law. 371 Professional Services Agreement for Architectural Services Page 5 of 11 Landscape Architect 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. 9.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Landscape Architect agrees to defend, indemnify, and hold the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Landscape Architect or Landscape Architect’s agents or employees. For the professional services rendered, to the fullest extent permitted by law, Landscape Architect 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 Landscape Architect or Landscape Architect’s agents or employees. Landscape Architect 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. Such obligationsshall 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). Landscape Architect’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should City be required to bring an action against the Landscape Architect to assert its right to defense or indemnification under this Agreement or under the Landscape Architect’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 Landscape Architect was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. The obligations of this Section shall survive termination of this Agreement and the services performed hereunder. 372 Professional Services Agreement for Architectural Services Page 6 of 11 In addition to and independent from the above, Landscape Architect shall secure insurance coverage acceptable to the City and furnish to the City an accompanying certificate of insurance issued by a company authorized to do business in the State of Montana in amounts not less than as follows: Workers’ Compensation - statutory Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate Commercial General Liability - $1,500,000 per occurrence; $4,000,000 annual aggregate Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Landscape Architect commencing work. 10.Professional Service: Landscape Architect agrees that all services and work performed hereunder will be accomplished in a professional, skillful, and good manner and in accordance with the customs and standards of the industry with the highest degree of professional care. i.Safety of Persons and Property: As the construction administrator of this Agreement, Landscape Architect is responsible for and must take reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: a.all employees; contractors, sub-contractors, and consultants performing work and services necessary to fulfill this Agreement; b.all materials, equipment, and temporary structures necessary for the performance of this Agreement that are under the care, custody, or control of its employees, contractors, sub-contractors, and consultants; ii.Tests and Inspections: Where Story Mill Community Park Splash Pad Construction Documents require that the work is inspected, tested, or approved to ensure conformance with all laws, regulations and safety standards, Landscape Architect must do so in order to reach substantial completion of the project, as described in paragraph 7 of this Agreement; and iii.Landscape Architect agrees to take reasonable precautions to avoid impacts to the normal operations and use of the Story Mill Community Park, including taking reasonable precautions for the safety of the public and the City. 11.Compliance with Laws: Landscape Architect agrees to comply with all federal, state and local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA. 373 Professional Services Agreement for Architectural Services Page 7 of 11 12.Nondiscrimination and Equal Pay: The Landscape Architect agrees that all hiring by Landscape Architect of persons performing this Agreement shall be on the basis of merit and qualifications. The Landscape Architect will have a policy to provide equal employment opportunity in accordance with all applicablestate and federal anti-discrimination laws, regulations, and contracts. The Landscape Architect 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 Landscape Architect 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. Landscape Architect 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). Landscape Architect must report to the City any violations of the Montana Equal Pay Act that Landscape Architect has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Landscape Architect shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 13.Default and Termination: If either Party fails to comply with any condition of this Agreement at the time or in the manner provided for, the other Party, at its option, may terminate this Agreement and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting Party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting Party may bring suit for damages, specific performance, and any other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the Parties at the addresses set forth in the first paragraph of this Agreement. 14.Modification and Assignability: This document contains the entire Agreement between the parties and no statements, promises or inducements made by either party or agents of either party, which are not contained in this written Agreement, may be considered valid or binding. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Landscape Architect may not subcontract or assign Landscape Architect’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. The Parties agree that any pre-existing contract Landscape Architect entered into with the Trust for Public Lands for the design of the Story Mill Community Park Splash Pad, and all of the rights and obligations associated with that contract, do not transfer to and will not be assigned to the City without the City’s written consent. This non-assignment and non-transfer of rights and 374 Professional Services Agreement for Architectural Services Page 8 of 11 obligations does not include any and all warranties Landscape Architect provided for the design of the Story Mill Community Park Splash Pad. 15.Ownership and Publication of Materials: The City is the sole owner of the plans, designs, drawings, specifications, construction documents, and any and all other images or displays, related to the Story Mill Community Park Splash Pad. All reports, information, data, and other materials prepared by the Landscape Architect pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties, are jointly owned by the Parties. The City has authority to release, publish or otherwise use, in whole or part, reports, information, data and other materials prepared by Landscape Architect pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties. Any re-use without written verification or adaptation by the Landscape Architect for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to the Landscape Architect. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the City. 16.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Addi Jadin, Park Planning and Development 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, Landscape Architect 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.Landscape Architect’s Representative: The Landscape Architect’s Representative for the purpose of this Agreement shall be Charlie Kees, Principal, or such other individual as Landscape Architect shall designate in writing. Whenever direction to or communication with Landscape Architect is required by this Agreement, such direction or communication shall be directed to Landscape Architect’s Representative; provided, however, that in exigent circumstances when Landscape Architect’s Representative is not available, City may direct its direction or communication to other designated Landscape Architect 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 375 Professional Services Agreement for Architectural Services Page 9 of 11 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. 17.Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana. 18. Reports/Accountability/Public Information: Landscape Architect agrees to maintain full and accurate records of all costs incurred and items billed in connection with its performance of its duties and obligations under this Agreement. Landscape Architect further agrees to require that all sub-contractors under this Agreement must maintain full and accurate records of all costs incurred and items billed in connection with its performance of its sub-contractor duties and obligations. Landscape Architect agrees to develop and/or provide documentation as requested by the City demonstrating Landscape Architect’s compliance with the requirements of this Agreement. Landscape Architect 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 Landscape Architect pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Landscape Architect shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19.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. 20.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 21.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22.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. 376 Professional Services Agreement for Architectural Services Page 10 of 11 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. 23.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24.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. 25.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28.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. 29.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. 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 two years. 377 Professional Services Agreement for Architectural Services Page 11 of 11 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA FIELD STUDIO LANDSCAPE ARCHITECTS By________________________________By__________________________________ Jeff Mihelich, City Manager Charlie Kees, Principal APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 378 December 16, 2022 – revised December 16, 2022    Addi Jadin  City of Bozeman  Parks and Recreation Department  Story Mill Community Center  600 Bridger Drive  Bozeman, MT 59715    Via email: ajadin@bozeman.net       RE:  Story Mill Community Park Splash Pad | Landscape Architectural Services ‐ Construction Administration Proposal       Dear Addi,  Thank you for the opportunity to submit this scope of services for Landscape Construction Administration Services  for the Story Mill Community Park Splash Pad.   The following letter of agreement outlines Field Studio Landscape  Architect, PLLC. (FSLA) and Water Design, Inc (WDI)’s proposed scope of services, terms, and rates.     SCOPE OF SERVICES: Based on our current understanding of the project, we have broken our scope into the  following Task: Task 1 – Construction Administration (CA).  Below is a summary of the design services offered during  this phase of the project.  Task 1 – Construction Administration (CA)  In this phase of work, Field Studio and sub‐contractor, Water Design, Inc., will provide Construction Administration  Services.  These Fixed Fee services shall be provided as outlined below.  Services within this phase of work to  include:       Field Studio Landscape Architects:   Updated Cost Estimate   Review and response to bidder questions   (1) round of drawing revisions based on permit/bid review    Weekly OAC teleconference meetings (up to 12 virtual meetings)   Time (up to 8 hrs.) of miscellaneous coordination items during construction.   Review and approval of reasonable change order requests for the project.   Review of submittals, material samples, Architects Supplemental Information (ASI’s), Request for  Information (RFI’s).    Site visits: FSLA will attend up to four (4) site visits including travel to and from the site, pending  construction activity, and follow‐up with a written report for each visit.      Conduct a final punch list inspection of the contractor’s work and coordinate punch list inspections for our  sub‐consultants.  379 Water Design Inc.:   Updated Cost Estimate.   Weekly OAC teleconference meetings (up to 12 virtual meetings).   (1) round of drawing revisions based on permit/bid review.   Review and response to bidder questions.   Splash pad contractor bid review.   Review submittals throughout construction.   Review contractor’s queries (RFI’s).   Time (up to 8 hrs.) for Miscellaneous coordination items during construction.   Two (2) site visits during construction to either attend construction related meetings and/or to provide  construction observation visits to observe work (and provide field reports).  Includes designer’s time and  travel expenses, plus field report.  ADDITIONAL SERVICES  Additional work outside the design scope defined above will be billed separately according to the standard hourly  rates schedule outlined in the 2023 FSLA Terms and Rates section of this proposal.  Field Studio will notify you for  your approval prior to commencing any additional services.  If additional professional services are required, we will  obtain proposals for these services for your approval, prior to subcontracting.  Fees for additional professional  services are not included in this proposal.  Consult the following list of exclusions.  EXCLUSIONS  All other improvements on the property beyond those described above are not included as a part of this proposal  letter.    Facilitating or managing Bid Process.   Permitting.    Design Changes – If significant design changes occur after the 1 round of drawing revisions based on  permit/bid review, additional services will be requested.   Addenda to the CD set.   Civil Engineering.   Additional meetings/site visits beyond what is noted above.   Additional submittals beyond what is outlined above, including a re‐submittal to the City of Bozeman for  review or permitting.   Value Engineering (VE) Design and Documentation revisions   Record / As‐Built Drawings.   Commissioning.    TERMS   For the Design Services outlined above, we propose to bill monthly against a Fixed Fee. The design team will not  exceed the Fixed Fee without prior approval.     Task 1 – Construction Administration (CA)  $17,790.00 NTE      In addition to hourly professional fees, clients will be billed at cost as outlined in the attached 2023 FSLA Terms and  Rates sheet under “Reimbursable Expenses” for normal expenses incurred in carrying out the work, such as  reprographics, photography, travel, and out‐of‐pocket expenses. Special requests such as presentation graphics,  finish models, attendance at public hearings, etc. will be estimated for specific approval by the client prior to  incurring such additional expenses.  380 PROJECT ASSUMPTIONS  All other improvements on the property beyond those described above are not included as a part of this proposal  letter.      We have attempted to outline our scope to the best of our ability given our understanding of the project to date.    If there are any questions, please contact us and we can discuss them further, and annotate or otherwise adjust  this document. If the proposed terms are acceptable to you, please sign this proposal and the attached term/rate  sheet and return a copy to our office. We look forward to speaking with you soon.      Respectfully Field Studio,  Charlie Kees                                                                X_________________________________________  Principal Landscape Architect                                 Acceptance:  Addi Jadin                                                                                                               City of Bozeman Representative      Enclosures: 2023 FSLA Terms and Rates      381            2023 FSLA TERMS & RATES    FSLA RATES FOR 2023  Standard Hourly Rates:  Principal      $200.00   Senior Associate     $165.00  Project Manager / Studio Manager    $130.00  Senior Designer      $110.00  Designer      $95.00  Design Intern     $85.00   Administrative Assistant / Graphic Designer   $80.00  REIMBURSABLE EXPENSES  Reimbursable expenses are not included in the fees for Design Services, and include:     Mileage     62.5 cents per mile   In‐House 8.5x11” copies/prints    $0.12 ‐$0.75 per copy (BW/Color)  In‐House 12x18” copies/prints  $.30‐ $1.50 per copy (BW/Color)  In‐House Plots (Large Format Plots)  $1.20 ‐ $2.40 per square foot (BW/Color)  Drone Scans    $85 per aerial scan  GPS Survey     $250 per day  Postage & Deliveries  Travel – May include but is not limited to cost of hotels, airfare, and transportation.  All outside reimbursable expenses such as printing, copying, postage and deliveries are billed at our direct costs.   All sub‐consultants will be billed at our direct cost plus 10% administrative charge.      PAYMENTS & FINANCE CHARGE  For the design services outlined above, we propose to bill against a fixed fee of $17,790.00.  Monthly billing is  reflective of time and expenses as specified on the above Standard Hourly Rates.   An itemized statement shall be  sent monthly, and payment is due within 30 days of receipt.   RIGHT TO STOP WORK  Field Studio Landscape Architects (FSLA) reserves the right to suspend services without notice in the event full  payment for invoices are not received within thirty (30) days. FSLA will not be responsible for any damages that  may result from the suspension of such services.  TERMINATION FOR CONVENIENCE  Either party shall have the right to terminate this agreement upon thirty (30) days written notice to the other and  delivered by email or overnight mail. Upon receipt of termination notice, we shall immediately discontinue the  performance of any services except as shall be necessary to affect an orderly, efficient, effective, and expeditious  382 termination of the party’s respective activities hereunder. Upon any such termination by you, you shall be obligated  to pay only fees earned and expenses incurred through the date of the notice of termination.  INSURANCE  Throughout the term of this Agreement, Field Studio Landscape Architects, PLLC will maintain at least the following  minimum amounts of insurance:      Workers’ compensation statutory minimums    Commercial General Liability $2 million dollars per occurrence and $4 million dollars General Aggregate   Automobile liability for all hired and non‐owned automobiles with $1,000,000 combined single limit.   A certificate of insurance evidencing the above can be presented to the client if requested prior to the  commencement of any services hereunder and will be maintained throughout the duration of the project.        Signature and date: ________________________________ ______  383 DATE ●ISSUE DOCUMENT REUSE: TKLV GRFXPHQW LV WKH SURSHUW\ RI )LHOG SWXGLR LDQGVFDSH AUFKLWHFWV PLLC TKH LGHDV DQG GHVLJQ LQFRUSRUDWHG RQ WKLV GRFXPHQW VKDOO QRW EH XVHG IRU DQ\ RWKHU SURMHFW ZLWKRXW ZULWWHQ DXWKRUL]DWLRQ RI )LHOG SWXGLR LDQGVFDSH AUFKLWHFWV PLLC SHEET OF PROJECT NUMBER: SHEET TITLE  N :ALLACE A9E _ STE  B O =E M A N  M T    Z Z Z I L H O G V W X G L R O D F R P CHARLIE KEES 9313 STORY MILL PARK SPLASH PAD600 BRIDGER DR, BOZEMAN, MT 597152044 EX0.01 COVERSHEET & INDEX 1 3 07.19.2021 CD SET 08.23.2021 ADD #1 SHEET INDEX COVER SHEET & INDEX EXISTING CONDITIONS DEMO PLAN EX-0.01 L-1.0 L-1.1 SHEET NO.TITLE LANDSCAPE ARCHITECT FIELD STUDIO 600 N WALLACE SUITE 1 BOZEMAN, MT 59715 406.551.2098 CONTACT: CHARLIE KEES SITE DESIGN TEAM SPLASH PAD DESIGNER WATER DESIGN INC 6740 S. 1300 E. SUITE 110 SALT LAKE CITY, 84121 801.261.4009 CONTACT: JIM REDMOND STORY MILL PARK SPLASH PAD- CONSTRUCTION BID SET 600 BRIDGER DR, BOZEMAN, MT VICINITY MAP SPLASH PAD NORTH ROUSE AVE STORY MILL COMMUNITY PARK NOT TO SCALE EAST GRIFFIN DR STORY MILL RDCONCEPTUAL RENDING OVERALL SPLASH PAD PLAN NOTES SPLASH PAD PLAN SPLASH PAD PLAN GRADING,CONTROL JOINT AND ELECTRICAL PLANS SPLASH PAD DIMENSION PLAN SPLASH PAD PIPING PLAN EQUIPMENT ROOM PLAN CIRCULATION EQUIPMENT SCHEDULE BALANCING TANK/ PUMP VAULT SECTIONS AND DETAILS CIRCULATION EQUIPMENT SCHEMATICS AND DETAILS SECTIONS STRUCTURAL DETAILS DETAILS DETAILS SP100 SP101 SP200 SP201 SP202 SP300 SP400 SP401 SP410 SP420 SP500 SP501 SP600 SP601 OWNER REP. TATE MANAGEMENT INC. 84 WEST CLARA COURT BOZEMAN, MT 59715 406.599.9648 CONTACT: CRISTIE TATE OWNER/APPLICANT: THE TRUST FOR PUBLIC LAND 1007 E. MAIN STREET SUITE 300 BOZEMAN, MT 59715 406.582.6240 CONTACT: DICK DOLAN OWNER INFO OWNER CITY OF BOZEMAN PARKS AND RECREATION P.O. BOX 1230 415 N. BOZEMAN STREET BOZEMAN, MT 59715 406.582.2908 CONTACT: MITCH OVERTON LEGAL DESCRIPTION PARK PARCELS: PARCELS 1-9, OF SURVEY NO. 2865, SECTIONS 31 AND 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, AND SECTIONS 5 AND 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST STORY MILL COMMUNITY CENTER PARCEL: SECTION 31, TOWNSHIP 1 SOUTH, RANGE 6 EAST, C.O.S. 2207B,TRACT 1B STREET DESCRIPTION 600 BRIDGER DRIVE, BOZEMAN, MONTANA 384 SFDOH:1" = 20' 40'20'10'0' CHARLIE KEES 9313 STORY MILL PARK SPLASH PAD600 BRIDGER DR, BOZEMAN, MT 597152044 L1.0 EXISTING CONDITIONS 2 3 07.19.2021 CD SET 08.23.2021 ADD #1 DATE ●ISSUE DOCUMENT REUSE: TKLV GRFXPHQW LV WKH SURSHUW\ RI )LHOG SWXGLR LDQGVFDSH AUFKLWHFWV PLLC TKH LGHDV DQG GHVLJQ LQFRUSRUDWHG RQ WKLV GRFXPHQW VKDOO QRW EH XVHG IRU DQ\ RWKHU SURMHFW ZLWKRXW ZULWWHQ DXWKRUL]DWLRQ RI )LHOG SWXGLR LDQGVFDSH AUFKLWHFWV PLLC SHEET OF PROJECT NUMBER: SHEET TITLE  N :ALLACE A9E _ STE  B O =E M A N  M T    Z Z Z I L H O G V W X G L R O D F R P TREE WELL , TYP. CONCRETE PLAZA, TYP. EXISTING LAWN AREA EXISTING LAWN AREA GRAVEL PATH EXISTING LAWN AREA EXISTING PARKING LOT BIKE COURSE EXISTING LAWN AREA EXISTING BATHROOMS AND EQUIPMENT ROOM EXISTING LAWN AREA EXISTING LAWN AREA PLANTER BED. EXISTING LAWN AREA NOTES 1.THE CONTRACTOR SHALL VERIFY THE EXISTENCE, LOCATION, DEPTH AND SIZE OF THE UTILITIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE EXISTING FACILITIES DUE TO FAILURE TO LOCATE OR PROPERLY PROVIDE PROTECTION WHEN LOCATION IS KNOWN. 2.CONTRACTOR SHALL CONTACT "UTILITY NOTIFICATION CENTER" (811) AT LEAST THREE (3) WORKING DAYS PRIOR TO THE COMMENCEMENT OF CONSTRUCTION ACTIVITIES TO SCHEDULE THE MARKING OF EXISTING UTILITY LOCATIONS. 3.ALL EXISTING SURFACE IMPROVEMENTS, VEGETATION AND INFRASTRUCTURE SHALL BE PROTECTED IN PLACE. VEGETATION TO BE PROTECTED WITH TEMPORALLY FENCING. 4.PRIOR TO ANY EXCAVATION,CONTRACTOR SHALL MEET WITH AND REVIEW SITE WITH OWNER AND OR LANDSCAPE ARCHITECT. 5.ANY DAMAGE TO SURFACE IMPROVEMENTS, BURIED SYSTEMS, OR OTHER INFRASTRUCTURE "NOT IDENTIFIED FOR REMOVAL" SHALL BE IMMEDIATELY REPORTED TO LANDSCAPE ARCHITECT. 6.STAHLY ENGINEERING & ASSOCIATES PREPARED THE SURVEY FOR THIS PROJECT. EXISTING TOPOGRAPHY IS A COMBINATION OF SITE SURVEYING AND LIDAR. IT HAS BEEN REFORMATTED FOR USE IN AND FOR PREPARATION OF THESE DOCUMENTS, CONTRACTOR SHALL OBTAIN OFFICIALLY SIGNED COPY FROM STAHLY ENGINEERING & ASSOCIATES (851 BRIDGER DRIVE SUITE 1, BOZEMAN MT 59175, PHONE - 406.522.6526) AND IS RESPONSIBLE FOR CONFIRMING AND DETERMINING THE SUITABILITY OF THE DATA PRIOR TO CONSTRUCTION. ALL DEVIATIONS AND OMISSIONS SHOULD BE BROUGHT TO THE ATTENTIONS OF THE LANDSCAPE ARCHITECT OR OWNER'S REPRESENTATIVE FOR CLARIFICATION AND DIRECTION. LANDSCAPE ARCHITECT IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS ASSOCIATED WITH PREPARATIONS OF DOCUMENTATION OF SURVEY. EXISTING SITE LIGHTING, TYP. EXISTING SITE LIGHTING, TYP. 385 SFDOH:1" = 20' 40'20'10'0' CHARLIE KEES 9313 STORY MILL PARK SPLASH PAD600 BRIDGER DR, BOZEMAN, MT 597152044 L1.1 DEMO PLAN 3 3 07.19.2021 CD SET 08.23.2021 ADD #1 DATE ●ISSUE DOCUMENT REUSE: TKLV GRFXPHQW LV WKH SURSHUW\ RI )LHOG SWXGLR LDQGVFDSH AUFKLWHFWV PLLC TKH LGHDV DQG GHVLJQ LQFRUSRUDWHG RQ WKLV GRFXPHQW VKDOO QRW EH XVHG IRU DQ\ RWKHU SURMHFW ZLWKRXW ZULWWHQ DXWKRUL]DWLRQ RI )LHOG SWXGLR LDQGVFDSH AUFKLWHFWV PLLC SHEET OF PROJECT NUMBER: SHEET TITLE  N :ALLACE A9E _ STE  B O =E M A N  M T    Z Z Z I L H O G V W X G L R O D F R P NOTES 1.THE CONTRACTOR SHALL VERIFY THE EXISTENCE, LOCATION, DEPTH AND SIZE OF THE UTILITIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE EXISTING FACILITIES DUE TO FAILURE TO LOCATE OR PROPERLY PROVIDE PROTECTION WHEN LOCATION IS KNOWN. 2.CONTRACTOR SHALL CONTACT "UTILITY NOTIFICATION CENTER" (811) AT LEAST THREE (3) WORKING DAYS PRIOR TO THE COMMENCEMENT OF CONSTRUCTION ACTIVITIES TO SCHEDULE THE MARKING OF EXISTING UTILITY LOCATIONS. 3.ALL EXISTING SURFACE IMPROVEMENTS, VEGETATION AND INFRASTRUCTURE SHALL BE PROTECTED IN PLACE. VEGETATION TO BE PROTECTED WITH TEMPORARY FENCING. 4.PRIOR TO ANY EXCAVATION,CONTRACTOR SHALL MEET WITH AND REVIEW SITE WITH OWNER AND OR LANDSCAPE ARCHITECT. 5.CONCRETE PAVING THAT IS REMOVED TO MATCH ADJACENT CONCRETE PAVING CONDITION. CONTRACTOR TO PROVIDE MOCK UP FOR LANDSCAPE ARCHITECTS/ OWNER APPROVE 6.CONTRACTOR TO PROVIDE A CONSTRUCTION MANAGEMENT PLAN PRIOR TO CONSTRUCTION. 7.CONTRACTOR IS RESPONSIBLE FOR DETERMINING MEANS AND METHODS FOR CONSTRUCTION. THESE DRAWINGS MAY INDICATE A LIMIT OF PROPOSED IMPROVEMENTS, LIMITS OF SITE DEMOLITION, ETC. FOR DELINEATION OF EXPECTED EXTENTS OF DISTURBANCE. HOWEVER, FINAL IMPACT SHALL BE DETERMINED IN THE FIELD. SHOULD LIMITS OF DISTURBANCE EXCEED BOUNDARIES DEFINED IN DRAWINGS, CONTRACTOR SHALL CONTACT LANDSCAPE ARCHITECT FOR RESOLUTION. ALL WORK AND DISTURBANCE IS TO BE CONFINED ON SITE PROPERTY EXTENTS. 8.ANY DAMAGE TO SURFACE IMPROVEMENTS, BURIED SYSTEMS, OR OTHER INFRASTRUCTURE "NOT IDENTIFIED FOR REMOVAL" SHALL BE IMMEDIATELY REPORTED TO LANDSCAPE ARCHITECT .CONTRACTOR IS RESPONSIBLE FOR REPAIRING ALL WORK DISTURBED BY CONSTRUCTION OUT SIDE OF LIMITS LINES DEFINED ON DRAWINGS OF THROUGH HIS/HER MEANS AND METHODS TO A CONDITION BETTER THAN OR EQUAL TO THE EXISTING CONDITIONS PRIOR TO COMMENCEMENT OF CONSTRUCTION AT NO ADDITIONAL COST TO THE OWNER. 9.CONTRACTOR IS RESPONSIBLE FOR MAINTAINING A COMPLETE UP-TO-DATE SET OF DRAWINGS AND SPECIFICATIONS AT THE CONSTRUCTION SITE AND ENSURING THE DOCUMENTS ARE READILY AVAILABLE FOR REVIEW BY THE LANDSCAPE ARCHITECT AND GOVERNING AGENCY. 10.THE DRAWINGS AND SPECIFICATIONS ARE COMPLEMENTARY TO ONE ANOTHER AND IMPLIED TO CORRESPOND WITH ONE ANOTHER. ANY DISCREPANCIES SHOULD BE BROUGHT TO THE ATTENTION OF THE LANDSCAPE ARCHITECT FOR RESOLUTIONS IMMEDIATELY. 11.ITEMS IN THE LANDSCAPE SHALL REMAIN UNLESS DESIGNATED FOR REMOVAL. REMOVE DESIGNATED ITEMS SHOWN ON THE PLAN TO THE FULL DEPTH OF THEIR CONSTRUCTION UNLESS OTHERWISE NOTED. 12.VERIFY THE LOCATION OF ITEMS TO BE REMOVED WITH LANDSCAPE ARCHITECT OF SITE REPRESENTATIVE PRIOR TO COMMENCEMENT OF THE WORK. 13.ITEMS ENCOUNTERED BELOW GRADE AND NOT SHOWN ON THE DRAWINGS SHALL BE BROUGHT TO THE ATTENTION OF THE LANDSCAPE ARCHITECT OR SITE REPRESENTATIVE. THIS MAY INCLUDE SUCH THINGS AS FOUNDATIONS, UTILITIES, PITS, OR OTHER OBJECTS THAT MAY BE ENCOUNTERED. 14.REMOVE DEMOLISHED MATERIALS FROM SITE. DISPOSAL BY BURNING AND/OR BURYING IS PROHIBITED. 15.CONTACT THE LOCAL UNDERGROUND UTILITY LOCATE SERVICE AND/OR SERVICE PROVIDER TO UPDATE FOR UTILITY LOCATION AND IDENTIFICATION PRIOR TO DEMOLITION. THE LOCATION OF EXISTING UTILITIES AS SHOWN ON THE PLANS MAY VARY IN RELATION TO ACTUAL EXISTING CONDITIONS; ADDITIONAL UTILITIES NOT SHOWN ON THE DRAWINGS MAY EXIST. VERIFY IN THE FIELD THE DATA SHOWN, AND CAL ANY DISCREPANCIES TO THE ATTENTION OF THE LANDSCAPE ARCHITECT OR SITE REPRESENTATIVE BEFORE STATING WORK. 16.PERFORM EXCAVATION IN THE VICINITY OF EXISTING UTILITIES BY HAND WHERE APPLICABLE.THE CONTRACTOR IS RESPONSIBLE FOR DAMAGE TO EXISTING UTILITIES CAUSED BY ANY PERSON, VEHICLE, EQUIPMENT OR TOOL RELATE THE TO EXECUTION OF THE CONTRACT. TREE WELL TO BE PROTECTED , TYP. CONCRETE PAVING, TYP. EXISTING LAWN AREA GRAVEL PATH EXISTING LAWN AREA EXISTING LAWN AREA EXISTING BATHROOMS AND EQUIPMENT ROOM EXISTING LAWN AREA EXISTING LAWN AREA PLANTER TO BE PROTECTED BED. EXISTING LAWN AREA EXISTING CONCRETE PAVING TO BE REMOVED . SEE NOTES EXISTING CONCRETE PAVING TO BE REMOVED .SEE NOTES EXISTING LAWN TO BE REMOVED. EXISTING SITE LIGHTING, TYP. EXISTING SITE LIGHTING, TYP. CONTRACTOR TO PROVIDE CONSTRUCTION FENCING AROUND PERIMETER OF CONSTRUCTION AREA. 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-1 SECTION 131213 SPECIAL FACILITY COMPONENTS --EXTERIOR FOUNTAINS PART 1 - GENERAL REQUIREMENTS: 1.01 RELATED SECTIONS AND DOCUMENTS: The General provisions of the Contract, including General and Supplementary Condi- tions and General Requirements apply to the work specified in this section. Procurement and Contracting Requirements – General Requirements apply to this sec- tion. Comply with the provisions of the codes, specifications and standards of the City of Bozeman, State of Montana, and State Department of Health for the public interactive water features and other applicable codes and regulations and as shown on the draw- ings and/or hereinafter specified. The owner, owners’ rep, or interactive water feature contractor is responsible to submit plans to the local Health Department for approval. Plans shall be reviewed, approved and stamped by the Health Officer and Building De- partment before the contractor may begin construction. 1.02 SCOPE: “Interactive Water Feature” or “Splash Pad” or “River” or “Pool” or “Feature” means any Interactive Feature / River etc. shown as part of this project. Herein the feature shall be designated as Interactive Water Feature. The Interactive Water Feature Contractor shall furnish and install the Interactive Water Feature including but not limited to the reinforced concrete feature / river, structures, finishes, piping, fittings, circulation and filtration equipment, sanitizing systems, deck tiles, grating, waterproofing, sealants & caulking, water play features, etc. shown on the Interactive Water Feature drawings and as speci- fied herein (unless otherwise determined by the General Contractor as part of scope de- lineation). 1.03 INTERACTIVE WATER FEATURE CONTRACTOR'S RESPONSIBILITY: The Interactive Water Feature Contractor shall provide the following services: Provide and pay all costs relative to start up and or training of owner's designated opera- tor in the correct use of equipment required for the Interactive Water Feature function and operation as recommended by the product manufacturers. Interactive Water Feature Contractor shall supply a qualified field technician for this purpose. Provide chemicals for interactive water feature operation at time of start-up. Provide liq- uid chlorine, hydrochloric acid, and cyanuric acid as aids in maintaining chemical bal- ance. The interactive water feature contractor is responsible to maintain proper balanc- ing tank water chemistry and keep the interactive water feature, pump vault and balanc- ing tank swept and vacuumed clean until the project substantial completion and the in- teractive water feature is turned over to the owner. 401 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-2 1.04 MEASUREMENTS: During bidding, the contractor shall examine the site and compare it with the drawings and specifications. Verify all dimensions shown on Drawings by taking field measure- ments; proper fit and attachment of all parts is required. Before commencing work, check all lines and levels indicated and such other work as has been completed. Should there be any discrepancies, immediately report in writing to the Architect. 1.05 COORDINATION: Coordinate work with other trades (Electrical, Mechanical, Plumbing, General, etc.). Co- ordinate with the soils engineer, soils testing contractor and General Contractor to as- sure proper grading, soil properties, compaction requirements, membranes, and sub drain locations and installation before commencing work. 1.06 DELIVERY AND STORAGE: Deliver materials undamaged to the job site in each manufacturer’s unopened contain- ers. Inspect for damage and remove damaged items from job site. Store and adequate- ly protect undamaged materials against damage while temporarily stored at the site. Store materials off the ground under protective covers. 1.07 SUBMITTALS: Submit five (5) copies of manufacturer's performance data, specifications and installation instructions for each accessory and/or equipment specified. Submittal shall be, as a minimum, provided as one joined pdf format with the information as described above – with each cut-sheet identified for its intended use (individual pdfs are not acceptable and will be required to be resubmitted). Also see requirements of Division 1. Submittal shall be made to the Architect for approval prior to beginning any work on the pool. Submit for the following: 1. Pipe & Pipe Fittings 2. Valves, each type 3. Balancing Tank Fittings 4. Interactive water feature Frame & Grates 5. Interactive water feature Features / Fittings 6. Feature Controller 7. Variable Frequency Drive 8. High Rate Sand Filter 9. Pumps with and without integral hair and lint strainers 10. Hair and Lint Strainers 11. Basket Strainer 12. Chemical Controller w/ sensors (complete with water level control) 13. Chemical Feeders 14. Chemical Storage Vessels 15. Chemicals (MSDS Sheets) 16. Ultra Violet (UV) Disinfection System 17. Flow Meter Sensor 18. Gauges, Meters and Instrumentation 402 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-3 19. Pre-Fabricated Concrete Balancing Tank (with access hatch and grated vent) 20. Pre-Fabricated Concrete Pump Vault (with access hatch) 21. Pipe Penetration Seals and Sleeves 22. Waterproofing Materials 23. Sealants and Caulking 24. Expansion Joint Materials 25. Waterstops 26. No Running Tiles 27. Interactive Water Feature Area Safety Signs 28. Chemical Room Safety Signs 29. Cleaning Equipment including Portable Vacuum 30. Water Test Sets 31. Concrete Experience Data 32. Quality Assurance Information 33. Non-structural Components a. Provide the details and engineering calculations (wet stamped and signed) for all non-structural components permanently attached to structures and their supports and attachments, designed to resist the effects of earthquake motions in accord- ance with ASCE 7-05. b. Submit to building department as a deferred submittal (if required by building in- spector). Product Sample Submittal 1. Interactive water feature Finish: Concrete Mock-Up Submit one 24” x 24” mock-up with a finishes as called for in the project document. Submittal of sample shall be made to the Landscape Architect for approval prior to be- ginning any work on the interactive water feature. 1.08 SUBSTITUTIONS: If any contractor wishes to submit a substitution / equivalent / or an alternate recircula- tion system, filter, and/or water feature item, the contractor shall submit plans and speci- fications to the Architect for approval at least ten (10) days prior to the bid date. Said plans and specifications shall be for this specific project, and show the installation of the proposed equipment. All changes required in the interactive water feature structure and in the building construction shall be listed in order to determine the extra costs or sav- ings thereof. Substitutions, equivalents, and alternates submitted for the interactive wa- ter feature system shall also include all of the submittal information required in Section 13 1113, Paragraph 1.07 (with the exception of the full shop drawings) to the Architect for approval at least ten (10) days prior to the bid date. Whenever the words “or equal,” “or approved equal” appear in the specification or plans, they shall be interpreted to mean material or an item of equipment equal in quality to that named. The burden of proof of quality or service shall be on the supplying contactor. Proof of inequality is not implied by the specifications and is not a burden of the owner or his representatives. The Architect shall be sole judge as to whether or not an item sub- mitted as an equal is acceptable. If the Interactive water feature Contractor submits a substitution on an “equal” basis, he shall assume all risks involved should the architect find it not acceptable. The Interactive water feature Contractor shall assume all costs for charges in drawings and specifications affected by the substitution, and the cost in- crease, if any, on adjoining work. 403 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-4 1.09 PATENTED MATERIALS: The Interactive Water Feature Supplier/Contractor shall pay all royalties and license fees. The Interactive Water Feature Contractor shall defend all suits or claims for in- fringement of any patent rights and shall save the Owner, the General Contractor, the In- teractive water feature Engineer, and the Architect harmless from the loss on account thereof, except that the Interactive water feature Contractor shall not be responsible for all such loss when a particular manufacturer or manufacturers is specified. But, if the In- teractive water feature Contractor has reason to believe that the design, process, or product specified is an infringement of a patent, he shall be responsible for such loss un- less he promptly gives such information to the General Contractor, Interactive water fea- ture Engineer, Owner, and Architect. Also see General Conditions and Division 1. 1.10 GUARANTEE: Provide Guarantee / Warranty per GENERAL CONDITIONS, and per each individual piece of equipment and/or accessory as listed by manufacturer. 1.11 INSPECTION: Examine all sub surfaces to receive work and report in writing to the Architect any condi- tions detrimental to work. Failure to observe this injunction constitutes a waiver to any subsequent claims to the contrary and will make this Contractor responsible for any cor- rections the Architect may require. Continuation of work will be construed as acceptance of all sub surfaces. 1.12 QUALIFICATION OF INTERACTIVE WATER FEATURE CONTRACTOR: The apparent low bidder shall deliver to the Architect, Owner, & Interactive water feature Engineer for approval the following experience data in writing within 24 hours after the bid opening, for verification of experience of the Interactive water feature Contractor: 1. That the interactive water feature contractor shall be a licensed commercial swimming pool contractor. 2. That the prospective bidder has demonstrated suitable technical experience by having successfully installed at least two (2) interactive water features of the ma- terial, design, and extent to that indicated for this project within the past three years. List the principals to contact regarding said interactive water features so that proper inquiries can be made as to their completion, interactive water feature technology used, operation, etc., relative to such construction. 3. Only interactive water features constructed by the firm submitting the bid will be considered. Interactive water features by another company or individual in the employ of another concern shall not be considered. 4. A list of the major public pool and interactive water feature jobs he currently has under contract, the amount of the contracts and the current percentage of completion. 404 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-5 The interactive water feature contractor shall provide a qualified project manager throughout the contract period with experience managing projects with the construction type, size and scope similar to this project. The project manager shall be on site as re- quired to assure proper coordination, scheduling, and performance of work. The interactive water feature contractor shall be bondable and shall furnish a letter of intent to furnish 100% Performance and Payment Bond from their bonding agency. The interactive water feature contractor shall furnish proof of all liability insurance, etc. and also that of any subcontractor. Also see General Conditions and Division 1. 1.13 CODES AND STANDARDS: Comply with the provision of the codes, specifications, and standards of the ANSI/NSPI standard, the current International Building Code standards, International Fire Code Standards, Local Building Department standards, and State/County Department of Health standards for public swimming pools, and other applicable codes and regulations and as shown on the drawings and/or hereinafter specified. In addition to those standards referenced above, work in this section shall conform to requirements of the following reference standards, as applicable, unless otherwise re- quired herein or on the drawings. Unless otherwise indicated on the drawings, or speci- fied, furnish the highest or best grade of material specified in referenced standards. 1. American National Standards Institute (ANSI): a. A13.1-81 Scheme for the identification of Piping Systems 2. American Society for Testing and Materials (ASTM): a. A36-81A Structural Steel b. A120-83 Pipe, Steel, Black and Hot-Dipped Zinc-Coated Welded and Seam- less, for Ordinary Uses c. A123-78 Zinc (Hot Galvanized) Coatings on Products Fabricated from Rolled, Pressed, and Forged Steel Shapes d. A153-82 Zinc Coating (Hot-Dip) on Iron and Steel Hardware e. A386-78 Zinc Coating (Hot-Dip) on Assembled Steel Products f. D1785-81 Rigid Polyvinyl Chloride (PVC) Compounds and Chlorinated Polyvinyl Chloride (CPVC) Compounds g. D1785-83 Polyvinyl Chloride (PVC) Plastic Pipe, Schedules 40, 80, and 120 h. D2464-76 Threaded Polyvinyl Chloride (PVC) Plastic Pipe Fittings, Schedule 80 i. D2467-76A Socket-Type Polyvinyl Chloride (PVC) Plastic Pipe Fittings, Schedule 80 j. D2564-80 Solvent Cements for Polyvinyl Chloride (PVC) Plastic Pipe and Fit- tings k. D2774-04 Underground Installation of Thermoplastic Pressure Piping l. F1668-96 Construction Procedures for Buried Plastic Pipe m. F2376-08 Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems. n. F2461-09 Manufacture, Construction, Operation, and Maintenance of Aquatic Play Equipment. o. C94 Standard Specification for Ready-Mix Concrete 3. Manufacturers Standardization Society of Valves and Fittings Industry (MSS): a. SP-58-1983 Pipe Hangers and Supports - Materials and Design b. SP-69-1983 Pipe Hangers and Supports - Selection and Application 405 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-6 4. National Fire Protection Association (NFPA): a. National Electric Code (NEC) (applicable adopted year of publication) b. National Fire Protection Association (NFPA) - Standard No. 704 5. Other Codes and Standards: a. Montana State Swimming Pool Code b. Model Aquatic Health Code – current adopted issue c. NSF - Standard 50 & Standard 61 d. U.S. EPA - Clean Water Act e. UFC - Article 80 f. American Public Health Association Public Swimming Pools: Recommended Regulations for Design and Construction, Operation and Maintenance” g. WWA - Construction for Operating Safely h. IAPMO Standard IAPMO / ANSI Z 124.7-1997 for a fiberglass reinforced plastic spa pool i. OSHA 29 CRF - Hazard Communication Standard j. International Swimming Pool and Spa Code (ISPSC) – current adopted issue. k. US EPA - SARA Title III l. UFC - Standard No. 79-3 m. National Sanitation Foundation - Standard Number 50: Circulation System Components for Swimming Pools, Spas, or Hot Tubs: NSF Listings: Swimming Pools, Spas, and Hot tubs n. FIFRA - Worker Safety Regulations o. National Electrical Code (NEC) (applicable adopted year of publication) Article 680: Swimming Pools, Fountains, and Similar Installations p. US EPA - 40 CFR 122.26 q. OSHA - CFR 1910.146 r. APHA - Model Swimming Pool Code w. CDC - Proper Swimming Pool Design t. CDC - Water Slide Flumes u. CDC - Public Spas and Hot tubs v. UL - Green Book w. UL - Yellow Book x. The Chlorine Institute - Safety at Nonresidential Pools y International Building Code (IBC) applicable adopted year of publication z. International Fire Code (IFC) applicable adopted year of publication 1. Chapters on Hazardous Materials, Corrosive Materials, Oxidizers and any other applicable chapters aa. ANSI - Standard 14.3 for Ladders and Safety Equipment bb. ASME - Standard A13.1 for pipe labeling and marking code 1.14 RELATED WORK AND RESPONSIBILITIES OF THE GENERAL CONTRACTOR: General responsibilities of the General Contractor shall be as follows: Harmful Chemicals: No contractor or his workmen shall place any acid or alkaline chem- icals or oil in contact with interactive water feature which will be injurious to the interac- tive water feature or interactive water feature materials. Contact with Other Systems: General Contractor shall not hang or connect pipe, electri- cal conduit, or any other materials to the interactive water feature system. 406 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-7 The General Contractor shall furnish labor, material, services, equipment, and applianc- es necessary to perform the following work in connection with installation of the interac- tive water feature, as required by the approved drawings and specified herein: Locations: General Contractor shall be responsible for horizontal dimensions and grade elevations accurately from established lines and bench marks, as required by the draw- ings, and be responsible for those grades. Safeguards: Provide, erect and maintain all necessary barricades, signs, lights and flares to protect workmen and the public. The general contractor is responsible for implementing and enforcing a confined-space entry safety plan per OSHA prior to performing any work in the balancing tank or the pump vault. Provide temporary light, heat, water, and power service to installation area, as may be needed for construction. Provide water to fill the interactive water feature balancing tank. Precaution: Do not bring in or operate compaction equipment, trucks or other heavy equipment within five feet of the interactive water feature, its components, the balancing tank or pump vault. Responsibility for Damage: The General Contractor shall protect the interactive water feature from damage during surrounding construction, back-filling and deck installation and shall be responsible for the cost of repairs for damage to the interactive water fea- ture caused by his construction equipment and/or workmen. Sub-Drain: General Contractor shall provide and install permanent sub-drain system un- derneath the interactive water feature, balancing tank and / or pump vault in areas where there is a potential for groundwater. Site Preparation: The General Contractor shall provide all site preparation per the rec- ommendations of an owner provided site specific project soils report to ready the site for the interactive water feature excavation and interactive water feature installation re- quirements. Also see Section 2300 –Earthwork. This includes all demolition and remov- al of existing materials as indicated on the plans. Site Preparation Structural Backfill: Also see Section 2300 –Earthwork. General Con- tractor shall thoroughly compact any backfill that is around or supports any interactive water feature piping equipment or components to 95% Modified Proctor. It shall be compacted in 8” loose layers to 95% of maximum dry density based on ASTM D1557. All fill shall be tested. Contractor will be responsible for any damage to the work as a re- sult of that compaction. The General Contractor shall provide all site preparation backfill per the recommendations of an owner provided site specific project soils report to ready the site for the interactive water feature excavation and interactive water feature installa- tion requirements. Disposal: Remove excess and unsuitable soil and materials. Dispose of said materials on or off the site as directed by the Architect or Owner. This includes excess soil as a 407 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-8 result of the interactive water feature, pump vault and balancing tank excavation. Inter- active water feature contractor is responsible to stockpile excess soil on site at General Contractor’s direction. Concrete Work: General Contractor shall construct backwash pit of reinforced concrete as per Architectural drawings, interactive water feature drawings and structural draw- ings. Coordinate between all drawings and notify architect immediately if a discrepancy is found. Backwash Pit: General Contractor shall provide and install continuous Ribbed Center- bulb water stops at all joints of the backwash pit. The waterstops shall be compatible with the concrete system, the liquids and/or chemicals to be contained or controlled, and be able to be subjected to the hydrostatic pressures created within the pit. The General Contractor shall fill any holes created by form ties with neat cement. Concrete finish of backwash pit shall be as smooth as possible as to receive two coats of waterproofing in accordance with manufacturer’s directions (waterproofing by Interactive water feature Contractor). The General Contractor shall coordinate with the interactive water feature contractor for method of finishing pit. The General Contractor shall provide removable, non-corrosive grating over the back- wash pit opening. Provide floor drains in the backwash/evacuation pit. Chemical Storage Rooms: Chemical storage rooms and hardware shall be constructed of corrosive-resistant materials. Walls shall of non-corrosive construction, resistant to the effects of storage of a corrosive material. Separate ventilation of each chemical roof shall be provided. . Sleeves: Install the sleeves necessary for required piping in the building walls. The In- teractive water feature contractor will provide all sleeves. The General Contractor shall coordinate locations with the interactive water feature contractor. If the Interactive water feature Contractor fails to coordinate this work with the General Contractor and provide the required sleeves, couplings, and O-rings and the required sleeves are not installed, the Interactive water feature Contractor is responsible for con- crete removal and installation of the sleeves or for any core-drilling required (only if al- lowed by structural engineer). If the General Contractor fails to install the sleeves, couplings, and O-rings as coordinat- ed by the Interactive water feature Contractor, the General Contractor is responsible for concrete removal and installation of the sleeves or for any core-drilling required (only if allowed by structural engineer). Equipotential Bonding Grid: The General Contractor shall provide the equipotential bonding grid around the interactive water feature perimeter per the requirements of the National Electric Code, Article 680. Deck Slab: Surrounding deck slabs shall be placed after interactive water feature instal- lation has been completed, including the deck expansion joints with polysulfide sealant, as detailed on the interactive water feature plan and details. 408 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-9 Protecting Interactive water feature: Contractor shall take every practical precaution to prevent concrete from spattering on the finishes, etc., including covering same with pro- tective materials. If splash occurs, wash off while still wet, any concrete which appears on these elements. Any damaged or broken material shall be immediately repaired. Clean-up: Keep the interactive water feature excavation and interactive water feature free of construction residue and waste materials of his workmen or sub-contractors, re- moving said material from the interactive water feature should it collect. Site Storage: Protect materials and equipment stored on job site. Coordination at Start-up: Provide representative at time of interactive water feature start-up to coordinate work related to interactive water feature system. 1.15 RELATED WORK AND RESPONSIBILITY UNDER MECHANICAL / PLUMBING DIVISION: General responsibilities of the Mechanical/Plumbing contractor shall be, but not limited to, as follows: Harmful Chemicals: Mechanical/Plumbing Contractor shall not place any acid, alkaline chemicals or oil in contact with the interactive water feature which will be injurious to in- teractive water feature or materials. Contact with Other Systems: Mechanical/Plumbing Contractor shall not hang or connect pipe, electrical conduit, or any other materials to the interactive water feature system un- less specifically approved in writing. The Mechanical/Plumbing Contractor under Mechanical Division shall perform the fol- lowing related work in accordance with plans and specifications: Provide drains and connect waste piping from equipment room floor drains, backwash pit drain and pump vault drains to sanitary sewer lines. Provide drains and drain lines from outdoor interactive water feature deck drains (as re- quired) to storm sewer line. Provide separate ventilation of each of the chemical storage rooms to the outside. Provide ventilation of the pump vault. Supply and install emergency shower/eyewash with tepid water and drain line at the lo- cations shown on the pool drawings. Furnish and run the potable water supply lines to the point or points shown on the draw- ings. Provide a hose bib(s) per code requirements. Coordination at Start-up: Provide representative at the time of interactive water feature start-up to coordinate work related to the interactive water feature system. 409 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-10 1.16 RELATED WORK AND RESPONSIBILITY UNDER ELECTRICAL DIVISION: General responsibilities of the Electrical Contractor under Electrical Division shall be, but not limited to, as follows: Provide electrical service (of adequate type and capacity required for the project) to equipment. Furnish all panels, start-stop stations, motor starters, line voltage conduit, disconnects, junction boxes, and wiring. Make all electrical connections to the interactive water feature circulation and feature equipment, including interlocking and line voltage control wiring at the direction of the in- teractive water feature contractor. The interactive water feature contractor is responsible for low voltage (non-line voltage) control wiring, connections and any required conduit. Be responsible for proper calibration, adjustment, and arrangement of terminal connec- tions of wires to control equipment. Perform all required grounding and bonding for pumps, filters, and other interactive wa- ter feature equipment in accordance with the National Electric Code Article 680 as well as state and local codes. Furnish and install a Ground Fault Interrupter (G.F.I.) for all required equipment together with any and all other outlets and equipment in or around the interactive water feature as per N.E.C. Article 680. Furnish and run all power to the chemical control system, chemical feed pumps, U.V. control system and control circuits to the support equipment. Interlock the chemical control system to the interactive water feature circulation pump as directed by the interactive water feature contractor. Interlock the chemical control system with the chemical feed system as directed by the interactive water feature contractor. Interlock the Ultra Violet Disinfection system controller to the circulation pump as de- scribed on the interactive water feature plans. Interlock the interactive water feature controller and components to the interactive water feature pump as directed by the interactive water feature contractor. Furnish any temporary power needed by the General or Interactive water feature Con- tractor for de-watering, tools, etc., if required. The well point or de-watering equipment (if required) must be continuously operated dur- ing construction. Therefore electrical service for such equipment must be sufficient to provide continuous service exclusive of temporary electrical service requirements of oth- ers. Coordination at Start-Up: Provide representatives at the time of interactive water feature start-up to coordinate work related to interactive water feature system. 410 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-11 1.17 RELATED WORK AND RESPONSIBILITIES OF OWNER: General responsibilities of the Owner shall be, but not limited to, as follows: Harmful Chemicals: No one shall place any acid or alkaline chemicals or oil in contact with interactive water feature surfaces which will be injurious to the interactive water fea- ture or materials. Contact with Other Systems: No one shall hang or connect pipe, electrical conduit, or any other materials to the interactive water feature system unless specifically approved in writing by Interactive water feature Contractor. Provide the following personal safety items for Interactive water feature Operator’s use in handling chemicals: goggles, rubber aprons and rubber gloves. Acknowledge receipt of operating Instructions at time of start-up. The Owner shall provide the following repeated services: Provide the designated interactive water feature operator(s) to the interactive water fea- ture contractor for instruction and training at the time of initial filling. Make them available continuously (8:00 a.m. to 5:00 p.m. Monday through Friday) until acceptance of project. Maintain the watertight integrity of all interactive water feature deck joints around interac- tive water feature for the life of the interactive water feature to minimize differential set- tlement. 1.18 LAYOUT WORK: Before any interactive water feature excavation or construction is commenced, the Inter- active water feature Contractor shall layout the perimeter of the interactive water feature. Interactive water feature area shall be excavated to an even grade. 1.19 EXCAVATION AND GRADING: All labor and necessary equipment for rough machine excavation of interactive water feature areas, the interactive water feature balancing tank and the pump vault shall be provided. Also furnish all necessary labor and equipment required for hand trimming of interactive water feature excavation. The Contractor shall be fully responsible for direct- ing all excavation operations in order to obtain proper depths and contours for the inter- active water feature. The contractor is responsible for removal of excess soil to a location on site. Removal of excess soil and materials from the site is the responsibility of the General Contractor and shall be done as directed by the Architect/Owner. Any voids which may occur due to over-excavation or from removal of boulders shall be filled with a lean mixture of concrete or earth compacted to 95% Proctor. A tolerance of plus one inch shall be allowed in the excavation sub grade. 411 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-12 1.20 PLACE FITTINGS: The Interactive water feature Contractor shall place, before the concrete work is com- menced, all piping, fittings, nozzles, all special interactive water feature equipment, etc., that are to be embedded in concrete and shall be responsible for their positioning in ac- cordance with the drawings. 1.21 GROUNDING AND BONDING: After placing interactive water feature reinforcing, but before placing concrete surfaces, the General Contractor shall install all the bonding and grounding circuits required for steel reinforcement and all other metal and electrical items in or around the interactive water feature. The contractor shall extend the bonding and grounding systems to the equipment room in accordance with the requirements of the National Electrical Code, Ar- ticle 680. No concrete shall be applied to interactive water feature surfaces until this re- quirement is complied with and the proper electrical inspection has been made and ap- proval received. 1.22 BACKFILL: Any necessary backfill around water balancing tank walls shall be a granular backfill. Granular backfill shall be a 'pea" gravel or ¾” to 1½” minus gap-graded gravel, or as specified by the Soils Engineer. Any back filling around water balancing tank and pump vault walls is the responsibility of the General Contractor (per Section 1.12 RELATED WORK AND RESPONSIBILITIES OF THE GENERAL CONTRACTOR). 1.23 DEWATERING: If the interactive water feature, pump vault and/or balancing tank is constructed in a hy- dro-static area, the Interactive water feature Contractor shall install the necessary gravel pack well point or points and permanent piping for his use during construction. A readily accessible connection to this system for the future use of the Owner shall be provided. The method of this de-watering system shall be approved by the Architect and Interac- tive water feature Engineer prior to excavation. Also see Civil Drawings and/or Mechani- cal Drawings for sub-drain designs. PART 2 - MATERIALS AND METHODS OF INSTALLATION: 2.01 STEEL REINFORCEMENT: All reinforcing steel shall be standard sizes of deformed bars equal to the requirements of the "Standard Specifications for Billet Steel, Concrete Reinforcement”, intermediate grade, serial designation A615 with required grade designation per plans as adopted by the American Society for Testing Materials. All reinforcing steel shall be in place before concrete placing is commenced, shall be new, free from dirt, oil, paint, and mill scale, shall be positioned and of the size indicated on the drawings, and secured by not less than 16 gauge annealed tie wire. Metal chairs or concrete blocks shall be used to insure proper spacing. 412 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-13 Slab steel shall be securely wired together at as many points as necessary where bars cross to insure their maintaining their position. Splices shall be staggered a minimum of 4’-0”, and laps shall be not less than 40 diameters. 2.02 SPECIAL INSTRUCTIONS: After placing interactive water feature reinforcing and water feature footing reinforcing, but before pouring concrete surfaces, the Interactive water feature Contractor shall in- sure proper bonding and grounding circuits have been provided and tested for continuity by the Electrical Contractor to steel reinforcement, slab, fittings, nozzles, free standing features, and all other metal and electrical items in or around the interactive water fea- ture, as required by the National Electrical Code, Article 680. No concrete shall be ap- plied to interactive water feature surfaces or feature footings until requirement is com- plied with. Also see Electrical Division. 2.03 CEMENT: All cement for concrete work shall conform to the requirements of the “Standard Specifi- cations for the Portland Cement", serial designation C-150 of the ASTM and shall be Type 1, and, except where transit-mixed concrete is to be employed, shall be delivered to the job site in original packages adequately protected from the weather during stor- age. 2.04 INTERACTIVE WATER FEATURE CONCRETE: The sub grade shall be thoroughly wetted before concrete is placed. The concrete shall have a water-reducing retarder added, Plastiment or equal, at a min- imum rate of two fluid ounces per bag of cement, per manufacturer’s recommendations according to the day time temperatures. Exact proportions of four to eight fluid ounces shall be determined by test at the job site. The concrete mix shall contain an average of 3% air entrainment, with no more than a 3½” slump, and a minimum 28 day strength of 4,000 p.s.i. After finishing, the floor shall be covered with plastic sheeting for a period of five days. No curing compound will be allowed. 2.05 OTHER CONCRETE: Furnish and place any required concrete for anchor blocks, water features, etc. as indi- cated on drawings. Provide thickened slab under play feature supports as required by the manufacturer. Concrete shall be a mix developing a minimum strength of 4,000 PSI at 28 days. 2.06 INITIAL CURING: All structural concrete shall be kept continuously wet for a minimum period of seven days, or as necessary to insure proper initial cure or adequate coverings with plastic sheeting through the curing period. No curing compound will be allowed. 413 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-14 2.07 INTERACTIVE WATER FEATURE DIMENSIONAL TEST: Check size and dimensions of interactive water feature for deviations from design draw- ings as directed by Architect. Corrections shall be made if directed. 2.08 INTERACTIVE WATER FEATURE APPEARANCE: Interactive water feature shall be free from cracks, honeycombing, spills, voids, and oth- er defects. The interactive water feature shall have a non-slip surface. 2.09 INTERACTIVE WATER FEATURE DECK EXPANSION JOINT and JOINT SEALER: All expansion joint material, joint sealer primer and joint sealer primer shall be resistant to the effects of chemically treated water. The joint material shall be Deck-O-Foam, by W.R. Meadows, sized per the requirements of the architect. Joint sealant shall be either two-part Deck-O-Seal 125 (polysulfide sealant) or two-part Deck-O-Seal Gun Grade (polysulfide sealant). Color selection by the architect. Standard colors are Dura-White, Stone Gray and Desert Tan. Jet Black and Redwood are available upon special order). Before applying the joint sealer, apply a two-part P/G epoxy primer by W.R. Meadows per the manufacturer’s recommendations. 2.10 TILE (IF USED): Acceptable tile manufactures for deck markings are In-lays, Inc. or approved equal. All tiles shall be resistant to chemical attack, shall have a water absorption of 0.5% or less, resist fading, and be designed for use in an interactive water feature environment. All setting and laying of tile, and all materials and labor required for completion of the tile work shall be in accordance with the latest basic specifications issued by the Tile Manu- facturer's Association, except as otherwise noted herein or shown on the drawings. All work shall be performed by mechanics skilled in the trade. Tile shall remain whole and firmly in place. Tile shall be placed flush and even with each other, parallel to the deck surface, and shall have clean cuts. Grout lines of tile shall line up unless otherwise ap- proved by the Architect. Tile shall be placed flush and even with each other within a tol- erance of plus or minus one-eighth inch. All tile shall be frost-proof. Provide waterproofing compound to provide watertight finish. All waterproofing, adhe- sives, tiles, and grouts used in the interactive water feature shall provide a water tight finish and shall be suitable for use in freeze/thaw climates. Setting materials: Flexible acrylic Latex Portland Cement Mortar: Mapei – KERABOND/KERALASTIC, white color, two component flexible mortar system conforming to ANSI A118.10 stand- ards or approved equal. Flexible Fast Setting Latex Hydraulic Mortar: Mapei – KER 318 GRANI/RAPID, white color, two-component, flexible latex hydraulic thin-set mortar conforming to ANSI A118.10 standards or approved equal. 414 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-15 Grouting materials: Sanded Tile Grout: Mapei – KER200 polymer-modified sanded Portland cement grout conforming to ANSI A-118.6 standards or approved equal. Fast Curing Sanded Tile Grout: Mapei – KER 700 Ultra/Color polymer-modified hydrau- lic sanded tile grout conforming to ANSI 118.6 standards or approved equal. 2.11 WATER FEATURE ROCKS (IF USED): Large rocks and boulders are to be selected by the landscape architect. All rocks and boulders shall conform to the regulations as set forth by the local health department. The placement of the rocks shall be under the direction of the landscape architect for size, placement and orientation. PART 3 - INTERACTIVE WATER FEATURE PIPING: 3.01 EXCAVATION, BACKFILL, PIPE TESTING AND LINE FLUSHING: Make required pipe trench excavations and backfill. No backfilling of pipe trenches shall be made until the piping has met the proper pressure test. Backfilling of trenches shall be done in accordance with the requirements specified in Section 2. All interactive water feature feature piping, circulation system piping and water piping shall be given pressure tests. All piping leading to and from the splash pad / river feature shall be flushed clean of oil, pipe cuttings, and other foreign matter. Any stains on the interactive water feature finish due to foreign material from the piping are not acceptable and any stained surfac- es shall be cleaned at the Interactive water feature Contractor's expense. 3.02 FRESH WATER LINES: Reduced-pressure, backflow-prevented, potable water lines and valves shall be installed from the juncture point with the potable water lines as shown on the plumbing drawings to proper locations in the interactive water feature filter equipment room as shown on the drawings. See Plumbing Division for material types to be used, point of connections, ad- ditional requirements. The fresh water lines and manual shut off-valve shall be installed to the point of connec- tion shown on the plumbing drawings by the Plumbing Contractor. Interactive water fea- ture contractor shall extend piping from this point of connection to locations noted on the interactive water feature drawings. All fresh water piping shall be completed in accord- ance with Plumbing Division. Interactive water feature contractor is responsible for coor- dination with the Plumbing contractor to assure installations are provided and properly located. 3.03 INTERACTIVE WATER FEATURE PIPING: Furnish and install all piping, pipe fittings, and valves from the interactive water feature fittings to the junctures indicated on the drawings. Make necessary pipe trenching and do necessary back-filling, including sand bedding at 95% compaction, as required for piping and other work as hereunder specified to complete the interactive water feature plumbing installation as shown on the drawings and in the specifications. Piping is shown on drawings in diagrammatic form (U.O.N.) to indicate work to be done rather 415 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-16 than show exact routing and locations. Make use of all data in contract documents, veri- fy against developed field conditions, and install work in an orderly arrangement in a manner to overcome structural and mechanical interference. Piping and necessary valves should be placed such that the interactive water feature can be winterized (includ- ing all piping and components). All piping and components shall be installed in a manner to avoid freezing. Also see division 2 for additional pipe trenching requirements 3.04 OUTLETS AND RETURN PIPING: All feature piping for the interactive water feature supply (return) piping and fittings shall be NSF approved Schedule 80 PVC as shown on the drawings. All interactive water fea- ture circulation piping and fittings to and from the balancing tank shall be NSF approved Schedule 40 PVC as shown on the drawings. All piping shall be as manufactured by R & G Sloane, Spears, or approved equal. All piping under or in interactive water feature shall be fully encased in concrete unless otherwise noted on the drawings. All piping connections shall be solvent welded. Gasketed pipe is not acceptable. If building codes, fire codes, or other codes require CPVC or other type of piping through certain building spaces, the most stringent code shall govern, and the contractor shall provide the type required by code. The contractor shall notify interactive water feature engineer to verify compatibility with other materials and chemicals being used in the sys- tem. All piping to and from the interactive water feature shall be hydrostatically tested at 50 p.s.i. before any pipe is concealed. Pipe shall be maintained tight at this pressure for a minimum of 24 hours. All piping shall be maintained tight with 5 p.s.i. of pressure throughout the remaining construction period. Pressure Tests: Hydrostatically test all water piping systems. Do not pneumatically pressure test. Conduct tests in accordance with ANSI B31.1 and as follows: Test piping systems after the lines have been cleaned as herein before specified. Test the piping system at a pressure of 25 p.s.i. with water not exceeding 100 deg. F. Before tests, re- move or isolate gages, traps, and other apparatus subject to damage by test pressure. Install calibrated test gage in system to observe any loss of pressure. Close off system and retain required pressure for one hour minimum and then inspect all joints and con- nections for leakage. Maintain specified pressure in all lines for a minimum of 24 hours. Maintain 5 p.s.i. pressure in all lines throughout the remaining construction period. Each trade should verify the pressure maintenance before and after completion of work to in- sure piping integrity. All failures shall be satisfactorily repaired and the complete test performed again. Contractor shall log and maintain records of pressure test on site and maintained in contractors job file. Such logs shall be presented to engineer upon re- quest. Test Gages: Pressure test gages shall be currently certified as being accurate to within 1 percent of their full scale. Use gages with maximum scale between 1-1/2 and 2 times the test pressure. Factory Tests: Factory test prefabricated piping sections and fittings to ensure compli- ance with this specification and to prove integrity of joints. 416 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-17 General: The Interactive water feature Contractor shall furnish all equipment and appa- ratus required for performing the inspections and tests, except water supplied by Owner, and shall correct all defects and repeat respective inspections and tests, as required for final approval. 3.05 FILTER ROOM PIPING AND FITTINGS: The filter room piping shall be Schedule 40 PVC, Schedule 80 PVC, or CPVC with flanged PVC or CPVC fittings. All metal bolts, connectors, and other fasteners shall be stainless steel. All PVC piping connections shall be solvent welded and flanged. Gas- keted pipe is not acceptable. Filter room piping shall be identified by labelling, tagging, and/or color coding. Piping flow shall be indicated by directional arrows on the piping. 3.06 CHEMICAL SOLUTION PIPING: Chlorine and hydrochloric acid piping shall be Schedule 80 PVC pipe and fittings (sol- vent weld). Chorine and hydrochloric acid tubing and fittings shall be polypropylene. All Chemical piping that runs underground (or in inaccessible locations) shall be double containment piping. Underground or inaccessible double-containment piping shall be oversized and use sweep elbows to allow chemical tubing to be pulled through the pip- ing in the future. Chemical solution piping and tubing contents shall be identified by color coding and/or tagging. Flow direction of chemical solution piping and tubing shall be provided. The pip- ing and tubing identifications shall be in compliance with all applicable requirements of local codes, health department, the IFC and ASME A13.1. Chemical solution piping shall be installed with clip supports or hangers at 4’-0” c.c. max spacing. Chemical solution tubing shall be anchored to wall or ceiling @ 3’-0” c.c. max. 3.07 VALVES: All valves for interactive water feature piping 3" and smaller shall be PVC ball valves, ASAHI American “Omni” or approved equal. All valves for chemical piping 3” and smaller shall be PVC ball valves, ASAHI American “Omni” or approved equal. All valves 4" and larger shall be butterfly valves ASAHI American “Pool Pro” or Spears, or approved equal. Butterfly valves are to be manufactured of PVC with reinforced disks with stainless steel shafts. Valves shall be capable to handle hydrostatic pressures up to 100 p.s.i. without leaking. Valve stems and extensions shall be of stainless steel with adequate support. Valves 4" and 6" shall be lever operated. Valves 8" and above shall be gear operated (except as noted on the plans). Valves 8" and above which are located in balancing tank shall be gear operated with handle extensions and the gear located above the concrete lid of the balancing tank. 417 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-18 All check valves shall be Spears thermoplastic (PVC or CPVC) check valves, flanged type, with internal parts compatible with chlorine / chemically treated water. Pressure relief/sustaining valves shall be non-corrosive and resistant to treated water. Provide 0-75 psi adjustment range. All flange bolts and nuts shall be 304 stainless steel. All components in the balancing tank shall be PVC and stainless steel as indicated on the drawings or in the specifica- tions. Identify valves by tagging and/or color coding. 3.08 MAKING UP PIPE: All pipe shall be cleaned of scale, sand, dirt, and rust before installation. The ends of threaded pipe shall be reamed out full size, threads cut with new dies, and not more than two full threads shall be left exposed when the joint is made up. Offsets shall be made with fittings. Pipe shall not be bent at any time except where cop- per water tubing, Type L is used. Offsets may be bent, but the radius of the bend must be such that no deformation of the tubing shall occur. Joints for PVC Pipe: PVC pipe shall be cut square with a pipe cutter or a sharp saw. Free the joint of the feathered edged and ream to full size as necessary. Apply a cleaner and a liberal coat of solvent to the outside of the pipe and in the fitting making sure that the coated area is equal to the depth of the fitting socket. Insert the pipe quickly into the fitting and turn the pipe approximately 15 degrees so that the fitting does no push off the pipe. Do not interrupt the solvent welding of the joint once the solvent is applied. Wipe off all excess solvent to prevent weakening of the joints. Be sure that in going to the next joint that the pipe is not twisted, disturbing the last completed joint. Joints in copper water tubing shall be thoroughly cleaned and made tight with a good grade of tin-lead solder making sure that the entire joint is properly sealed throughout its full area. Joints in screw piping shall be made of the Grinnell Stainless Pipe Joint Cement. 3.09 PITCH OF PIPES: Horizontal drainage lines shall be supported to a uniform slope. All piping shall be in- stalled so as to avoid unnecessary turns in order that friction loss may be kept at a min- imum. Piping shall be installed in order to prevent air traps. The minimum slope for all suction and return piping shall be a minimum 0.25% pitch. 3.10 PIPE HANGERS AND SUPPORTS: The pipe hangers shall be adjustable B-line Figure B3105 stainless steel or equal. Pipe supports shall be adjustable B-line Figure B3092 stainless steel saddle support with Fig- ure B3088T stainless steel stand or approved equal. Pipe hangers and supports shall be 418 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-19 constructed of stainless steel and shall be located as needed to adequately support all piping and components. Interactive water feature contractor may fabricate special hang- ers or supports subject to approval of the Architect. PVC piping shall not be unsupported for lengths in excess of four (4) feet. Provide adequate supports and spacing as to avoid pipe sagging between supports and to support against the effects of water hammer. All interactive water feature piping larger than 3” must be supported for seismic loads in ac- cordance with the International Building Code. The Interactive water feature contractor is responsible for the design and installation of all seismic bracing. Design of seismic brac- ing shall be submitted to the building department as a deferred submittal if required by the building inspector. 3.11 ASSEMBLY AND INSTALLATION - EQUIPMENT: Furnish, assemble, and install a complete operational piping, filter circulation, chemical feed and sanitizing system and other mechanical equipment for interactive water feature as shown on drawings, and in accordance with the instruction furnished by the manufac- turer supplying such equipment. Drawings indicate in diagram form the desired ar- rangement of the principal apparatus, piping, and equipment, and shall be followed as closely as practicable, exercising care in the work to secure proper head room and space conditions and a neat and workmanlike arrangement of piping and valves. Furnish suitable tags for marking all valves. Provide identification and signs as required for the valves for the chemical solution piping per requirements of the International Fire Code, Section 27. Obtain complete instructions for installing and operating all mechanical equipment. No equipment shall be put into operation without the assistance of a qualified operator famil- iar with the operation of such equipment. PART 4 - INTERACTIVE WATER FEATURE FITTINGS: 4.01 TRENCH DRAIN FRAME AND GRATES (FITTINGS): Trench frames and grates shall be pvc unless otherwise noted on drawings. Secure all grates/covers to the frame with 304 stainless steel screws a minimum of 1 3/16" in depth. These screws shall be tamper proof. Submit patterns selections to the architect for selection. 4.02 BALANCING TANK INLET FITTINGS: The balancing tank inlet fittings shall be custom assembled using PVC pipe per the de- tails on the drawings. The inlet openings shall be sized per plans. PART 5 - INTERACTIVE WATER FEATURE CIRCULATION / FEATURE EQUIPMENT: 5.01 ASSEMBLY AND INSTALLATION: 419 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-20 Furnish, assemble, and install a complete operational pumping, piping, filter, chemical feed and chlorination system and other mechanical equipment for the interactive water feature as shown on the drawings, in accordance with the instructions furnished by the manufacturer supplying such equipment. Install seismic anchorage for piping, filters, chlorine storage tanks, acid storage tanks, and any other items indicated on drawings. Filtration and Chemical System Equipment shall be NSF listed. All metal connectors, bolts, washers, and other fasteners or anchors shall be stainless steel. The Interactive water feature Contractor shall be responsible for design installation of all seismic bracing for interactive water feature equipment. Design to be submitted as a deferred submittal as required by building official. Drawings indicate in diagram form the desired arrangement of the principal apparatus, piping, equipment, and shall be followed as closely as practicable, exercising care in the work to secure proper head room and space conditions and a neat and workmanlike ar- rangement of piping and valves. The filtration system shall be completely ready for oper- ation including all piping as shown on the drawings. Mark all lines with flow direction in- dicators. Furnish suitable tags for marking all valves. Obtain complete instructions for installing and operating all mechanical equipment from the manufacturer. No equipment shall be put into operation without the assistance of a qualified operating technician familiar with the operation of such equipment. 5.02 ELECTRICAL CONNECTIONS: The Interactive water feature Contractor shall furnish and install all interactive water fea- ture equipment / electrical motors, low voltage interlocks and control wiring, etc., as re- quired and specified, except as specifically noted otherwise for equipment described in this section of the specifications. The Electrical Contractor shall furnish and install all panels, starters, start-stop stations, disconnects, junction boxes, line voltage interlocks and the running of conduit and wiring to such motors, etc., and their connections, and furnishing such electrical equipment as specified and shown on the drawings. The Electrical Contractor shall be responsible for proper calibration, adjustment, and arrangement of terminal connections of wires to the control equipment. The Fountain Contractor shall provide conduit and wiring from the interactive water fea- ture activators to the controllers located in the equipment room. The Interactive water feature contractor shall make the low voltage connections. The circulation pump shall be electrically interlocked with the chemical feed system and the UV disinfection system control panel. Coordinate with electrical drawings and electri- cal contractor to assure that this work is included in the electrical contractor’s scope of work. Any deficiencies should be communicated to the Architect and Engineers prior to bids being submitted. The Interactive water feature Contractor shall coordinate with the electrical drawings and the Electrical Contractor to ensure that all required components of the work are included and fully understood so that there are no deficiencies. No additional cost shall accrue to the Owner as a result of lack of coordination. The Interactive water feature Contractor and the Electrical Contractor shall complete the work so as to provide a complete oper- 420 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-21 ating system with no additional cost to the Owner for field wiring required related to the equipment. 5.03 BALANCING TANK, PUMP VAULT AND BACKWASH PIT: The water-storage balancing tank shall be a prefabricated vault manufactured by Dura- crete, Amcor (Oldcastle), or equal. The manufacturer shall be responsible for the struc- tural design and exterior waterproofing of the balancing thank. The concrete tank shall contain a Xypex admixture, per Xypex manufacturer’s recommendations. Tank shall not be jointed in the middle of the tank. Any joints shall be above the shut-down water level. Tank shall include manhole hatch (as specified on plans) and plastic ladder rungs for access. When ordering the balancing tank, the Contractor shall inform the tank manufac- turer of the sizes and number of penetrations that will be field core-drilled into the sides of the tank. The water feature pump vault shall be a prefabricated vault manufactured by Duracrete, Amcor (Oldcastle), or equal. The manufacturer shall be responsible for the structural de- sign and exterior waterproofing of the pump vault. The concrete vault shall contain a Xy- pex admixture, per Xypex manufacturer’s recommendations. The vault shall have water- stops if jointed in the middle of the vault. Vault shall include a manhole hatch (as speci- fied on plans) and plastic ladder rungs for access. When ordering the pump vault, the Contractor shall inform the vault manufacturer of the sizes and number of penetrations that will be field core-drilled into the sides of the vault. The concrete construction of the backwash pit are not part of this specification section. See responsibilities of General Contractor listed elsewhere in this section. The Interactive water feature Contractor, however, is responsible to coordinate with General Contractor to assure proper installation of plastic waterstops in the backwash pit. The interactive water feature contractor shall also line the interior of the balancing tank and backwash pit with two coats of waterproofing. Prior to the application of waterproof- ing, the Interactive water feature Contractor shall notch any shrinkage cracks ¼” X ¼” and seal with W.R. Meadows “Deck-o-seal” two-part gun grade. Interactive water fea- ture contractor is responsible to coordinate with the General contractor to assure that the concrete finishes of the balancing tank and backwash pit are adequate for installing wa- terproofing in accordance with manufacturer’s instructions. The interactive water feature contractor shall provide the required sleeves, couplings, and O-rings and shall coordinate with the General Contractor as to their required loca- tions and elevations. The Interactive water feature Contractor is responsible for the in- stallation of all mechanical seals around pipes and for assuring a watertight seal around all penetrations where mechanical seals are not required on the drawings. The General Contractor is responsible for the installation of all pipe sleeves, couplings, and O-rings that require installation prior to placement of concrete. The interactive water feature contractor shall provide to the general contractor all sleeves, PVC couplings with O- rings, and seals to be installed in the building wall as required and other locations shown on drawings. If the Interactive water feature Contractor fails to coordinate this work with the General Contractor and provide the required sleeves, couplings, and O-rings and the required sleeves are not installed, the Interactive water feature Contractor is responsible 421 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-22 for concrete removal and installation of the sleeves or for any core-drilling required (only if allowed by structural engineer). If the General Contractor fails to install the sleeves, couplings, and O-rings as coordinated by the Interactive water feature Contractor, the General Contractor is responsible for concrete removal and installation of the sleeves or for any core-drilling required (only if allowed by structural engineer). 5.04 MODULAR / MECHANICAL SEAL: The mechanical seal shall consist of rubber links shaped to continuously fill the annular space between the pipe and the balancing tank and pump vault wall openings. Seal el- ements shall be constructed of EPDM rubber. The pressure plates shall be molded of glass reinforced nylon. Hardware shall be 316 stainless steel. When the pipe seal can be set prior to construction of the wall, utilize sleeves with integral hollow, molded water- stop ring 4 inches larger than the outside diameter of the sleeve itself. Sleeves shall be made of HDPE thermoplastic with reinforcing ribs (Century Line or equal). 5.05 CIRCULATION AND FEATURE PUMPS: All filter circulation pumps shall be electrically interlocked with their associated equip- ment per part 5.02 of this specification. Coordinate with electrical drawings and electrical contractor to assure that this work is included in the electrical contractor’s scope of work. Any deficiencies should be communicated to the Architect and Engineers prior to bids being submitted. Pumps: >/= 5 HP: Pumps 5 hp and greaters shall be premium efficiency compatible to be used with a VFD. Pump shall be non-corrosive, plastic commercial grade. Pumps shall be close coupled, self-priming, complete with an integral hair an lint strainer. Pump shaft shall be stainless steel. Nuts and bolts shall be stainless steel. Provide pumps with sealed ball bearings, continuous duty-rated, 3450 RPM, open drip-proof design, with an automatic reset for thermal overload protection. 5.06 VARIABLE FREQUENCY DRIVE (IF USED): A. General: The manufacturer of the VFD shall demonstrate a continuous period of manufacturing and development of VFD’s for a minimum of 35 years. An Automatic Energy Optimization (AEO) selection feature shall be provided in the VFD to minimize energy consumption in variable torque applications. Feature shall optimize motor magnetization voltage. This feature shall dynamically adjust output voltage in re- sponse to load, independent of speed. Output voltage adjustment based on frequency alone is not acceptable for single motor VT configurations. Switching of the input power to the VFD shall be possible without interlocks or damage to the VFD at a minimum interval of 2 minutes. Switching of power on the output side between the VFD and the motor shall be possible with no limitation or damage to the VFD and shall require no additional interlocks. An Automatic Motor Adaptation (AMA) function shall measure motor stator resistance and reactance to optimize performance and efficiency. It shall not be necessary to spin the motor shaft or decouple the motor from the load to accomplish this optimization. Ad- 422 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-23 ditionally, the parameters for motor resistance and motor reactance shall be user- programmable. The VFD shall have temperature controlled cooling fans for quiet operation, minimized internal losses, and greatly increased fan life. B. Protective Features: VFD shall have sealed electronics which used a heat sync to extract heat from drive, then cooled by a fan which also is connected to its own VFD. The drive’s electronics do not come in contact with ambient air, therefore a ventilation fan and filter is unnecessary. Drives that incorporate the use of a ventilation fan and filter shall not be equal. VFD shall have input surge protection utilizing MOV’s, spark gaps, and Zener diodes to withstand surges of 2.3 times line voltage for 1.3 msec. VFD shall include circuitry to detect phase imbalance and phase loss on the input side of the VFD. VFD shall have built-in DC Coils to reduce voltage ripple and increase capacitor life. Drives without DC Coils shall provide a 5% input line reactor. Automatic “No-Flow Detection” shall be available to detect a no-flow situation in pump systems where all valves can be closed. This shall be functional in closed loop control or when controlled by an external signal. Dry-pump detection shall be available to detect if the pump has run dry and trip the drive. A timer shall be included to prevent nuisance tripping. End-of-Pump curve detection shall stop motor when the pump is operating outside of its programmed pump curve. VFD shall include current sensors on all three-output phases to detect and report phase loss to the motor. The VFD will identify which of the output phases is low or lost. VFD shall auto-derate the output voltage and frequency to the motor in the presence of sustained ambient temperatures higher than the normal operating range, so as not to trip on an inverter temperature fault. The use of this feature shall be user-selectable and a warning will be exported during the event. Function shall reduce switching frequency before reducing motor speed. VFD shall auto-derate the output frequency by limiting the output current before allowing the VFD to trip on overload. Speed can be reduced, but not stopped. C. Interface Features: VFD shall provide an alphanumeric backlit display keypad (LCP) which may be remotely mounted using standard 9-pin cable. VFD may be operated with keypad disconnected or removed entirely. Keypad may be disconnected during normal operation without the need to stop the motor or disconnect power to the VFD. VFD Keypad shall offer an INFO key that, when pressed, shall offer the contents of the programming manual for the feature that is currently in the display. The contents shall explain the feature and how the settings can be made Keypad shall provide an integral H-O-A (Hand-Off-Auto) and Local-Remote selection capability, and manual control of speed locally without the need for adding selector switches, potentiometers, or other devices. VFD Display shall have the ability to display 5 different parameters about the VFD or load including: GPM, amps, RPM’s, KWh, PSI, savings calculator, output voltage, or other values from a list of 92 different parameters. A red FAULT light, a yellow WARNING light and a green POWER-ON light shall be pro- vided. These indications shall be visible both on the keypad and on the VFD when the keypad is removed. Two-level password protection shall be provided to prevent unauthorized changes to the programming of the VFD. The parameters can be locked via a digital input and/or the 423 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-24 unit can be programmed not to allow an unauthorized user to change the parameter set- tings. A quick setup menu with factory preset typical parameters shall be provided on the VFD to facilitate commissioning. Use of macros shall not be required. A digital elapsed time meter and kilowatt hour meter shall be provided in the display. VFD shall offer as standard an internal clock. The internal clock can be used for: Timed Actions, Energy Meter, Trend Analysis, date/time stamps on alarms, Logged data, Pre- ventive maintenance, or other uses. It shall be possible to program the clock for Day- light Saving Time / summertime, weekly working days or non-working days including 20 exceptions (holidays etc.). It shall be possible to program a Warning in case clock has not been reset after a power loss. D. Drive Inputs All inputs and outputs shall be optically isolated. Isolation boards between the VFD and external control devices shall not be required. There shall be six fully programmable digital inputs for interfacing with the systems ex- ternal control and safety interlock circuitry. Two of these inputs shall be programmable as inputs or outputs. The VFD shall have two analog signal inputs. Inputs shall be programmable for either 0 - 10V or 0/4-20 mA. One programmable analog output shall be provided for indication of a drive status. This output shall be programmable for output speed, voltage, frequency, motor current and output power. The analog output signal shall be 0/4-20 mA. The VFD shall provide two user programmable relays with 75 selectable functions. Two form ‘C’ 230VAC/2A rated dry contact relay outputs shall be provided. Drive shall be able to connect to auto backwash controller and automatically change to set backwash speed when called for. A digital flow meter with 4-20mA output can be connected to drive, and GPM may be displayed on drive screen. Drive shall be capable of using pressure transducers to monitor and control programs using these PSI inputs. E. Operation: Four complete programming parameter setups shall be provided, which can be locally selected through the keypad or remotely selected via digital input(s), allowing the VFD to be programmed for up to four alternate control scenarios without requiring parameter changes. Drive has up to eight programmable speeds that can be set to facility specific parame- ters. Separate speeds for backwash, off hours, or seasonal conditions may be initiated by relay input, sensor input, time, or manually. Drive may also send signals out to pro- tect other mechanical equipment such as heaters during backwash. Drive shall have ability to communicate remotely via Ethernet, Mod Bus, and RS 485 connections. Keypad may also be mounted remotely. Drive has the ability to incorporate a fused bypass or circuit breaker bypass option. If activated, power will feed directly to the motor of the circulation pump and run at full speed. F. Service Conditions: The ambient operating temperature of the VFD shall be -10ºC to 50ºC (14 to 122°F), with a 24 hour average not to exceed 45ºC. Storage temperatures shall be -13° F (-25° C) to149/158° F (65/70° C). 0 to 95% relative humidity, non-condensing. Elevation to 3,300 feet (1000 meters) without derating. 424 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-25 VFD’s shall be rated for line voltage of 525 to 690VAC, 380 to 480VAC, or 200 to 240VAC; with +10% to -15% variations. Line frequency variation of ± 2% shall be ac- ceptable. G. Quality Assurance: The manufacturer shall be both ISO-9001 and ISO-14001 certified. To ensure quality and minimize infantile failures on the jobsite, all VFD’s shall be com- pletely tested by the manufacturer. The VFD shall operate a dynamometer at full load and speed under elevated temperature conditions. H. Start-up, Support and Warranty A factory-authorized service technician shall perform start-up on each drive. Start-up costs provided with the bid shall include time and travel for the estimated number of vis- its required, but shall not be less than at least one half-day with travel. Additional labor or return trips to the site shall be billed at Danfoss' published straight-time rates. Upon completion, a start up service report shall be provided. A 1-year on-site warranty shall be provided such that the owner is not responsible for any warranty costs including travel, labor, parts, or other costs for a full 1 years from the date of installation. An additional warranty of up to 6 years is offered as an option. The cost of the warranty shall be included in the bid. Technical questions regarding drive installation and functions may be answered by con- tacting the Dan Foss Tech Support department, available 24 hours a day. 5.07 A BASKET STRAINER: Basket strainers shall be manufactured by Hayward. Strainer construction shall be PVC. Provide complete with optional Type 316 stainless steel, 20 mesh basket. Minimum 100 psi pressure rating. 5.08 FILTERS (MANUAL BACKWASH): The filter system shall be a pressure high-rate, permanent media filter equipped with a manual high-flow multi-port valve for backwashing filter. The filter system shall be the standard cataloged product of a company regularly en- gaged in the manufacturer of water filtration equipment with a minimum of five years of experience in manufacturing high-rate filters for public and institutional applications. The filter system shall be of the type suitable for a single grade of media, and shall be listed by the National Sanitation Foundation for a maximum flow of 20 gpm per square foot of filter area with a maximum 3 p.s.i. pressure loss across any filter tank at a flow rate of 20 gpm per square foot. The filter system shall consist of a filter tank with internal distribution and collection sys- tems, operating valves, high-flow multi-port backwash control valve, pressure gauge, and air relief system. The filter media shall be of a single grade and consist of uniformly graded, angular shaped, crushed silica sand which shall be free of limestone or clay. Filter media shall be Grade #20, effective size .45 millimeter with a uniformity coefficient of 1.5 maximum. Once installed, the system shall be capable of withstanding, without damage or leakage, a 24-hour hydrostatic pressure test at a static load of at least 50 pounds per square inch. 425 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-26 5.09 FLOW METER: Sensor-Powered Flow Monitor & Sensor Flow meter shall be complete with sensor-powered remote flow indicator, polypropylene flow sensor and sensor installation fitting. The interactive water feature shall utilize the Chemical Controller as its circulation flow meter. Flow meter sensor shall be installed downstream from the filter and upstream from the chlorine and acid injection point. Flow meter sensor shall be installed with the manufac- turer recommended straight distances of pipe both upstream and downstream from the flow meter. 5.10 AUTOMATIC CHEMICAL CONTROLLER: A. GENERAL The water chemistry control system shall provide continuous monitoring and con- trol of sanitizers (standard ORP sensor), oxidizers, pH, temperature, system flow rate monitoring, total dissolved solids (TDS), turbidity, chemical inventory levels, surge tank water level, system pressures, and water chemistry balance calcula- tions. Installation of the system shall be per the manufacturer’s specification and no exceptions shall be allowed. A factory trained / authorized representative shall provide training to the owner. Requests for substitutions for the specified make and model will not be consid- ered unless equal to the specified system in every respect. Requests for substitu- tions must include a sample controller with all specified features; complete doc- umentation relating to all the specified features; and manufacturer’s sales litera- ture, engineering drawings and, installation, operation, and maintenance manu- als. Failure to provide these or any other information necessary to confirm that all specified features are provided will be cause for rejection of substitution request. B. CERTIFICATIONS The controller shall carry the following product certifications: · UL 61010-1 · (CSA) C22.2 Number 61010-1 C. SENSORS STANDARD SENSORS The controller shall come with pH, ORP, and temperature sensors meeting the following requirements: 1. pH The controller shall provide a measurement of pH by utilizing a sensor with the following characteristics: · 0-14 sensing range · ABS body with 1/2” NPT process connection · Minimum of 32 millimeters of inorganic electrolyte gel. Organic elec- trolytes, susceptible to breakdown in the presence of strong oxidants, shall not be considered equal. · A porous Teflon liquid junction to provide a stable, low impedance ref- erence contact, and to prevent fouling and clogging of the liquid junc- tion · A silver / silver chloride (Ag / AgCl) reference element 426 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-27 · A general purpose glass membrane pH sensing element · Operating temperature range of 32 to 136 degrees F (0 to 80 degrees C) · Operating pressure range of 0 to 100 psiG The controller shall continuously monitor, display and data log pH with 0.1 to 0.01 resolution (programmable). 2. ORP The controller shall provide a measurement of ORP by utilizing a sensor with the following characteristics: · -1000 to +1000mV sensing range · ABS body with 1/2” NPT process connection · Minimum of 32 millimeters of inorganic electrolyte gel. Organic elec- trolytes, susceptible to breakdown in the presence of strong oxidants, shall not be considered equal. · A porous Teflon liquid junction to provide a stable, low impedance ref- erence contact, and to prevent fouling and clogging of the liquid junc- tion · A silver / silver chloride (Ag / AgCl) reference element · A solid platinum or solid gold ORP sensing element with a minimum of 1 cm2 surface area. Platinum plated or gold plated sensing elements, which are susceptible to abrasives, shall not be considered equal · Operating temperature range of 32 to 136 degrees F (0 to 80 degrees C) · Operating pressure range of 0 to 100 psiG The controller shall continuously monitor, display and data log ORP with 1mV resolution. 3. Temperature The controller shall provide a measurement of water temperature by utilizing a sensor with the following characteristics: · 32 to 212 degrees F (0 to 100 degrees C) sensing range · 2 wire, 100 Ω resistive temperature detector (RTD) with a 0.00385 Al- pha The controller shall continuously monitor, display and data log temperature with 1 degree F resolution. OPTIONAL 4-20mA SENSORS The controller shall be capable of reading a total of four (4) of the following op- tional 4-20mA output sensor, or two (2) if the conductivity / TDS sensor is used. Provide the following Optional 4-20mA Sensor: 4. Liquid Level Sensor The controller shall provide measurement of liquid levels for backwash holding tank by utilizing liquid level sensor(s) with the following characteristics: · Field configurable sensing range from 3 ft to 16 ft · Field calibration for various tank levels, shapes and sizes · Non-contacting sensing elements enclosed in PVC The controller shall continuously monitor, display and data log liquid level(s). D. USER INTERFACE 1. Standard Display 427 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-28 The standard display shall be a backlit transflective LCD with 14 line. 40 al- pha/numerica graphical characters that will continuously display information re- lated to the following: · All installed sensor readings · Set points, with current control status · All active alarms, including time activated · Smart menus with integrated on-screen help. Contrast adjustment of the backlit LCD shall be provided through clearly marked keys on the front-panel without the need for access to internal controller circuitry. After initial adjustment, controller shall monitor internal temperature and automat- ically adjust contrast to prevent LCD blackout in extreme ambient temperature conditions. Controllers that do not include front-panel contrast adjustment and automatic temperature compensation shall not be considered equal. The standard user interface shall include single-touch access to Set Points, Re- lay Modes, Calibrations, Menu access, and Reset Fail/Safes. An alphanumeric keypad shall be provided for ease of system configuration. E. CONTROL FUNCTIONS 1. Water Chemistry A. pH Control: The controller shall continuously control pH. Chemical feed shall be configurable for feed-up, feed-down, or dual feed and either on/off or time-based proportional feed. B. Sanitizer Control: The controller shall continuously control sanitizer based upon the ORP reading, the amperometric sensor, or both with a bracketed control program. Chemical feed shall be configurable for either on/off or time- based proportional feed. C. Bracketed Sanitizer Control: With the amperometric ppm sensor, the controller shall be configurable for bracketed sanitizer control; The bracketed control algorithm shall allow either the ORP or ppm setpoint to be chosen as the primary control point, while using other parameter to create a secondary bounda- ry (min and max settings) that must be maintained in addition to the primary con- trol point. D. Sanitizer Booster Feed: The controller shall have a sanitizer booster pro- gram with selectable ORP and/or ppm set points with separate ending set points, allowing the option of the booster sanitizer to control to a lower set point while the primary system can recovers. E. Ozone / UV Control: The controller shall provide feed-up control of an ozone or UV system based upon ORP and/or ppm set points. A Fireman Cycle feature shall turn off the Ozone/UV relay 0 to 60 minutes (settable) prior to back- wash initiation or recirculation pump shutdown. The Ozone/UV control algorithm shall include an Energy Conservation mode, with on/off set time and secondary set point. F. Super-chlorination: The controller shall have a programmable superchlo- rination function, based ORP or ppm superchlor setpoint, which is triggered manually. G. De-chlorination: The controller shall have a programmable dechlorination function, based upon ORP or ppm dechlor setpoint, which is triggered either manually or by the completion of the superchlorination function. H. LSI & RSI: The controller shall compute the Langelier Saturation Index and the Ryznar Saturation Index based upon current inputs and the Ca Hardness and Alkalinity entered by the operator. 428 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-29 2. Expanded A. Flow Monitoring: The controller shall continuously monitor, display, and datalog system flow, maintaining a total flow volume. A low flow alarm shall be operator settable, which can be programmed to disable chemical feeds. B. Surge Tank Monitoring: The controller shall continuously monitor, dis- play, and data log surge tank levels. C. Autofill: The controller shall automatically control a water makeup relay to add makeup water to maintain interactive water feature level set point, based up- on surge tanks (or equivalent) level, with an overfill delay feature. The controller shall provide a programmable alternate set point (4 event 28 day timer). D. Sensor Wash: The controller shall include a programmable sensor wash with start and end time, feed duration, and number of cycle to allow multiple feed cycles per day. 3. Energy Conservation A. Alternate Setpoints: The controller shall have alternate Sanitizer, Heater and Autofill setpoints, based upon a 4 event 28 day timer. B. Energy Conservation Mode: The controller shall have the capability to dis- able all mechanical and chemical functions during programmed conservation cy- cle. The Energy Conservation Mode shall include the ability to periodically moni- tor and satisfy all operation requirements based upon a programmed time schedule. 4. Main Recirculation Pump A. On-Off Control with Relay Controller shall provide the capability to interface to and control a recirculation pump with a programmable relay. The controller shall include the following capa- bilities, available as appropriate based up on installed sensors and implemented features: 1. Fireman Switch: The following events shall satisfy Fireman Switch timing requirements prior to turning off the recirculation pump: a. Energy Conservation Mode (24 hr, 7 day function) b. Manual Off 2. Immediate: The following events immediately turn off recirculation pump, regardless of Fireman Switch timing requirements: a. Surge Tank Level Low Alarm: Turn off pump immediately (surge tank is almost emp- ty) b. Strainer Vacuum High Alarm: Turn off pump immediately (possible en- trapment) c. Emergency Shut Down – Triggered by front panel Emergency Off: Turns off pump immediately (per Operator) B. Total Dynamic Head (TDH) Controller shall provide the capability to continuously monitor the Total Dynamic Head (TDH) of the main recirculation pump, directly calculated by the controller from recirculation pump influent vacuum and filter influent pressure transducers. TDH shall be displayed on the user interface and recorded in data logs, with us- er-programmable High and Low TDH Alarm settings. C. VFD Interface with 4-20mA Signal Controller shall provide the capability to interface to and control a recirculation pump equipped with a Variable Frequency Drive (VFD) through a 4-20mA signal. The controller programming shall allow the operator to manage the VFD entirely from the water chemistry controller, by providing the following capabilities: 429 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-30 · Programmable setpoint specified as either flow rate, effluent filter pressure, or fixed setting · Four programmable operator-triggered alternate profiles (“Manual Turndowns”) · Four programmable scheduled alternate profiles (“Scheduled Turn- downs”) · Override setting for backwash · Ramp up and ramp down settings · Minimum output setting Remote access to current VFD status and all VFD parameters shall be provided through the software provided with controller. The name of each alternate profile shall be changeable by the operator, so that VFD menus and data log entries are intuitive and recognizable by the users of the system. Systems that do not provide both local and remote management of the VFD through the water chemistry controller shall not be considered equal. F. CONTROL OUTPUTS 1. Relay Outputs The controller shall come with a total of 4 integral line or dry contact 5A solid- state relay outputs capable of switching 3A under all normal operating condition, accounting for the effects of the temperature gradient inside the NEMA 4X enclo- sure. Systems that utilize relays that are not de-rated mush submit an engineer- ing evaluation justifying the use of relays at their full, optimal condition capacity. G. SAFETY FEATURES 1. Manual-On Limit The controller shall have built-in limits to the amount of time any relay control output may forced on (i.e. in Manual On mode). This is an important safety fea- ture to prevent control outputs from inadvertently being left on after service or di- agnostics. 2. High / Low Alarm Settings & Control Lockouts The controller shall have programmable high and low alarm settings for pH, ORP, PPM, temperature, low flow & no flow and chemical overfeed, turbidity, pressure & vacuum, surge tank levels, chemical inventory. The controller shall have a programmable lockout of sanitizer feed upon pH high or low alarm. 3. No Flow Alarm & Flow Restored Delay The controller shall activate a No Flow alarm when the dedicated sample stream flow switch indicates there is insufficient flow through the sample stream. This No Flow alarm shall lockout all chemical feed control operations. The controller shall include a Flow Restored Delay, which shall extend the No Flow lockout user-programmable amount of time after the No Flow alarm ends (i.e. flow is restored). This feature is necessary to assure that the system has val- id, stable sensor readings of circulating water prior to making chemical feed con- trol decisions. 4. Feed Limit Alarms The controller shall trigger a FailSafe alarm if a chemical feed relay remains on longer than the programmable Feed Limit Timer. Chemical feeds shall automati- cally be disabled if the corresponding reading goes into a FailSafe alarm condi- tion. 5. Emergency Off 430 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-31 The controller shall have a dedicated Emergency Off button on the front panel of the system, which immediately halts all chemical feeds and control outputs when pressed. This feature shall be password protectable, which shall require entry of one of the Security passwords. 6. Safety Shield The controller shall include a safety shield or other mechanism for allowing fuse replacement without access to high voltage circuitry or wiring. H. SECURITY The controller shall have three security password levels: six for operators, two for managers and one for the distributor providing for a history of access identified by the user. I. DATA LOGGING The controller shall have 512K battery backed-up RAM for input level recording and events. All input level shall be recorded for 10 to 56 days depending on sample rate (2 to 10 minutes). The controller shall record and maintain the latest 1100 events over a maximum of 14 days recording all alarms, parameter changes, user logins, and operational cycles related to all control features. J. LOCAL ALARMS INDICATORS The controller shall signal all alarm conditions with the following indicators: · A bright red flashing LED on the front of the controller · Activation of a master alarm signal provided as a dry contact relay enabling the use of 0-240 VAC alarms · Each active alarm listed on the LCD display along with time activated K. REMOTE COMMUNICATION, ACCESS & ALARM NOTIFICATION 1. Ethernet The controller shall come with a standard, integral 100BaseT Ethernet connec- tion. The controller shall be capable of providing Remote Access via PC with Ethernet connection and Alarm Notification via email or text message via an Ethernet connection to the Internet. The controller shall come with a 57,600 bps data modem. The controller shall be capable of providing Remote Access via PC with modem connection and Alarm Notification via pager or fax. 2. Remote Access The controller manufacturer shall provide graphical remote operation software, for interactive connection to the controller from a PC. Remote operation software shall be Windows 7 compatible, and have all of the following operational modes: A. Site Data Base – for organizing and accessing multiple controllers on site, or at multiple sites. B. Graphical Operator’s Console – to display current readings, setpoints, alarm points, Ryzner in an easy-to-read graphical mode. C. Data Log Graphing – to review data logs with time-synchronized event data; data log traces shall be configurable, with color and line style selectable by operator D. Full Menu Tree – All system parameters accessible through a full menu tree interface. E. Auto-Polling – to allow automatic download of data logs from all control- lers in site database. 3. Alarm Notification 431 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-32 The controller shall be capable of providing alarm notification to 8 different recipi- ents. Each recipient shall be individually configurable to receive alarm notification by one of the following methods: A. Email: Notification of message shall include system type, serial number, location, system ID, and all active alarm including the date and time each alarm was triggered. B. Text Message: Notification of message shall include system type, serial number, location, system ID, and all active alarm including the date and time each alarm was triggered. C. Fax: Notification of message shall include system type, serial number, lo- cation, system ID, and all active alarm including the date and time each alarm was triggered. D. Numeric Pager: Notification message shall include callback number. Con- troller shall acknowledge pager notification when callback is received, and not notify subsequent recipients programmed for pager notification. L. ENCLOSURE The controller shall be housed in a NEMA 4X polycarbonate enclosure M. FLOW CELL 1. PVC Flow Cell The flowcell shall have a PVC body with two ½“ NPT ports for pH and ORP sen- sors, two ¼“NPT ports for temperature sensor and sensor wash acid injection, and a clear acrylic front viewing window. The flowcell design shall provide pre- cise sample flow rate and water velocity regulation past the probes. The flowcell shall come provided with PVC ½” isolation ball valves, PVC ¼” wet test valve and standard reed or optional rotary flow switch. Each flowcell shall be equipped with a pressure-sensing device. The pressure sensor shall consist of a compound pressure/vacuum gauge manufactured in stainless steel, 2 ½” diameter, liquid filled with an operating pressure range of 0 to 60 psig and vacuum of 0 to –30 in./ Hg. N. WARRANTY, START-UP & MANUALS Controller shall be covered by a standard manufacturer’s 5 year warranty. Standard sensors shall be covered by a standard manufacturer’s 2 year warran- ty. Optional sensors and flow cell components shall be covered by a standard manufacturer’s 1 year warranty. The control system shall be provided with on-site start-up, on-site operator train- ing, and 1 year on-site warranty service performed by a representative trained and authorized by the controller manufacturer. Manufacturer shall supply an Operators Manual describing features and operat- ing instructions. 5.11 CHLORINE FEED AND ACID FEED SYSTEMS (Liquid Chlorine & Hydrochloric Acid): The chemical feed systems shall consist of peristaltic feed pump(s) as specified on drawings. The feed pumps shall be interlocked with the chemical controller. This work shall be done by the electrical contractor (except low voltage control wiring shall be installed by Interactive water feature Contractor). 432 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-33 Signs and/or identification markings shall be provided indicating the presence of chlorine and acid at the injection points, storage containers, doors / entry to the chemical storage rooms, and valves as required by all local and national codes. Provide readily accessible manual valves or automatic remotely activated fail-safe emergency shutoff valves installed on the supply piping and tubing at the point of use and at the tank, cylinder or bulk source. The manual emergency shutoff valves shall be identified and the location shall be clearly visible, accessible and indicated by means of a sign. 5.12 CHEMICAL (CHLORINE & PH CONTROL) FEED PUMPS: Chemical injector pumps shall be peristaltic type pumps unless otherwise noted on drawings. Output volume shall be adjustable from zero to a capacity in accordance with the size and chemical requirements of the interactive water feature. The pump shall be totally enclosed with no exposed moving parts. Electronics shall be enclosed in a chem- ical resistant enclosure at rear end of pump. Pumps shall be equipped with an acrylic pump head and 115V/60Hz motor. Sufficient tubing is to be provided with connections to install properly. Pump shall be mounted on the wall in a location close to the chemical storage containers. Pumps shall be complete with check valve / backflow prevention. 5.13 CHEMICAL STORAGE TANKS: The liquid chlorine storage tanks shall be for sodium hypochlorite, 12% strength with a specific gravity of 1.20. The acid storage tanks shall be for muriatic / hydrochloric acid, 35% strength. The chemical storage tanks shall be marked with the appropriate hazard identification signs per requirements of the NFPA 704. Provide identification placards on the entry doors to the storage area as required by the NFPA 704. 5.14 UV DISINFECTION SYSTEM: Ultraviolet disinfection equipment shall operate within the UVC electromagnetic spec- trum emitting wavelengths in the range of 200 nm to 400 nm. This required wavelength will provide constant disinfection / inactivation of bacteria, algae, molds, viruses and de- struction of monochloramines, trichloramines and dichloramines. The UV system shall have an MET or equivalent (ETL, CSA or UL) listing, and be NSF 50 certified. A. Equipment General Description: The Ultraviolet System shall be provided in a complete package to include: 316L Stainless Steel Chamber, Control System located in a NEMA 12 rated panel, Medium Pressure Bulb(s) designed to emit wavelengths within the UVC electromagnetic spec- trum, strainer basket, automatic wiper system and Project Commissioning by a Certified Ultraviolet Technician. Ultraviolet manufacturer to offer unit capability of a Horizontal OR Vertical installation application using state of art design and direct flow through characteristics. Direct flow will be required in order to reduce total head loss through the system. Unit shall be a 433 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-34 Multiple Lamp medium pressure system with a bulb range of (2) 1.5kW – (4) 3.3kW power range. Multiple lamp system is required in order to maintain quality disinfection in the event of a single bulb failure. The Ultraviolet System shall be sized to emit a minimum dose of 60 mJ/cm², with flow rates of up to 972 gpm, within a 8” schedule 80 PVC pipe. B. Ultraviolet Chamber: Ultraviolet chamber shall be pressure rated for 100 psi (tested to 150 psi), and pressure drop across the unit will be minimal. The unit shall be constructed of 316L stainless steel to prevent corrosion within the harsh interactive water feature environment. The Ultravio- let chamber shall come complete with the following equipment: • Ultraviolet Intensity monitor with built-in alarm system to notify operator when output level drops below required level of 60 mJ/cm² The Ultraviolet monitor output shall be transmitted via a 4-20ma signal to the control system. The Ultraviolet probe shall be rated to IP67 and be capable of being removed from the unit without having to drain the system. The lamp output shall be displayed on the control system as an intensity and % output. • Ultraviolet temperature control system shall be provided to maintain system in- tegrity in the event of flow interruptions to the chamber. • Ultraviolet chamber shall come complete with annealed quartz sleeve with “O” ring seals for water tightness. • Chambers shall be complete with ANSI flanges and all ports or vents shall be threaded NPT. The Ultraviolet chamber must be capable of installation in the system so that it remains full under all conditions. • The Ultraviolet unit must be complete with appropriate brackets or feet for ease of installation. C. Ultraviolet Lamp • Ultraviolet lamp shall be medium pressure high intensity. Lamp shall be de- signed to emit continuous Ultraviolet wavelengths in the range of 200nm to 400nm. This will pro vide optimal disinfection benefits and destruction of the Monochloramine, Dichlo- ramine and Trichloramine compounds. Lamp must remain unaffected by temperature variance of 0 degrees to 200 degrees Fahrenheit. • The lamp unit must provide a dose not less than 60 mJ/cm2 at the end of the lamp life and this must be based on the full re-circulating flow rate, not on a side stream treatment. D. Automatic Wiper System An automatic cleaning system shall be provided for cleaning of quartz sleeve and Ultra- violet monitor probe. The system shall travel the entire length of the quartz sleeve twice per desired cleaning cycle. Precision molded wiper rings shall be provided to ensure thorough quartz tube cleaning and quartz tube protection. Wiper cycle shall be user se- lectable and adjustable within a range of 15 minutes to 24 hours depending on anticipat- ed application and deposit build-up. At a minimum the Automatic Wiper System shall have the following characteristics: • System shall utilize direct Belt Drive with square machined pulleys and shafts to prevent slippage and pin shearing. Systems utilizing shear pins or complicated gear boxes will be unacceptable. • Wiper power supply shall be 24 volt DC for improved safety. 434 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-35 • System shall incorporate Direct Shaft Encoding for positional location. Systems relying on external proxy switches or internally located magnets will be unacceptable. • Wiper interval shall be operator selectable with optional override switch. • Wiper faults are to be indicated on the control system display. • Wiper System to utilize “Intelligent Operation” for automatic start-up commis- sioning. - Records wiper position @ chamber ends. Position must be fixed and not dependent on a timed interval or component striking end of chamber. - Establish a travel run without setting limit adjustments to ensure system in- tegrity and longevity. E. Ultraviolet Control System System shall be epoxy coated NEMA 12 rated cabinet. Three levels of operation shall be provided to meet the needs of the operator and Interactive water feature environment: Simple Control – (Start, Stop & Reset), Full Pa- rameter Display, and Customized Operator Configuration. Modes of operation shall be password protected to secure system critical setup functions. Control system shall have clearly identifiable Start, Stop and Reset control buttons (suitable for gloved operation) with Running and Fault LCD indicators. • Two-line LCD screen shall display a minimum of the following: Ultraviolet dose (derived from flow and intensity inputs), Ultraviolet intensity (as a % and mw/cm²), Lamp Current, Flow rate (accepts signal from optional flow meter – displayed as gallons per minute), Chamber temperature (displayed as deg. F), Operation hour meter, System spares listing, Lamp fault, low Ultraviolet & temperature alarm, Ground fault trip, Wiper fault. All alarm functions shall have simple text message display to assist in fault find- ing. • Control system shall have a minimum of the following system interface control: Remote operation, Process interrupt features (from valves, flow meters), Low UV dose (configurable to shutdown or alarm only, Flow meter input, Auto-restrike, Half to full power Ultraviolet setting with 24hr/7day settable timer. • Control system shall have built in data-logging capabilities to record the follow- ing information: Ultraviolet intensity required, Ultraviolet intensity measured, Lamp cur- rent, Chamber temperature, Flow rate (if flow meter connected), Time and date stamp, All alarms generated. F. Project Commissioning Ultraviolet Chamber and Control Panel shall be commissioned by a qualified factory trained technician. During this time period, final electrical and control cabling will be con- nected from the control cabinet to the Ultraviolet disinfection chamber. Daily operation and simple maintenance instructions shall be provided during this commissioning pro- cess. A factory trained representative of the manufacturer shall perform all warranty work. Manufacture to warranty Ultraviolet Chamber and Spectra Control panel for a peri- od of 12 months. Medium pressure Ultraviolet bulbs. shall be warranted for a period of 4000 hours. Intermittently operated bulbs (≥ 1 on/off cycles per day) will be replaced free of charge should failure occur prior to 3000 hours and replacement will be prorated be- tween 3000 and 4000 hours. A detailed warranty sheet shall accompany this document upon request. 5.15 AUTOMATIC WATER LEVEL CONTROL: 435 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-36 Water level control of the balancing tank water levels shall be provided through the func- tions of the chemical controller. Provide all necessary sensors, wiring, conduit and cali- bration to provide water level control. 5.16 INTERACTIVE WATER FEATURE CONTROLLER: The enclosure shall be made from corrosion resistant hot compression molded fiber- glass reinforced polyester which do not contain halogens. The enclosure shall be capa- ble of withstanding continuous temperature from -58 degrees F to up to 302 degrees F and shall provide indirect electrical contact protection for equipment and operators. En- closures shall be UL listed per UL Standard 508 for NEMA 3, 4, 4X, 12 and 13; CSA cer- tified per Standard C22.2-0,0.4, 0.7, 0.6, 94 Type 3, 3R, 4, 4X, 12 and 13. Controller shall be sized according to the number of outputs it is required to control. The programmable logic controller shall be factory programmed with a variety of sequences designed according to the requirements of the project. It shall have the flexibility to modi- fy the sequences using either a transportable memory cartridge or via the touch pad us- er interface. The owner/operator shall be able to set the operational hours of the facility via the touch pad user interface. The 24hr/7day timer can be programmed with up to two time inter- vals that can be scheduled each day. The operating system’s touch pad user interface shall allow for manual override controls for each connected device, activation device(s), and timer. (i.e. Manual, Off and Auto- matic modes) The operating system shall be housed in a corrosion resistant molded fiberglass NEMA 4X rated enclosure. All exposed hardware shall be 304/304L stainless steel and shall include a lockable access door. The operating system shall have the capacity to receive signals from an activation de- vices, operating on 24VDC. The operating system shall contain a 120 VAC primary / 24 VAC secondary transformer with built- in electrostatic shield protection. The operating system shall have the ability to automatically purge all water lines based on the user selected time and duration (i.e. every day at 5 am). It shall also, be config- ured to purge all lines after a user defined period of inactivity (i.e. after 4 hours of inactiv- ity). The operating systems shall have the ability to provide a 24VAC auxiliary signal. This signal can be used to trigger a relay for Pumps, Lights, etc. The operating system will softly start ramp up and will softly ramp down. The operating system can activate up to a maximum of three play area. The sequence time could be changed on site. 436 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-37 All main power electrical connections to the Splashpad Controller are to be performed per local codes. Product drawings and installation manuals shall be supplied by the manufacturer for ease of installation. PART 6 - INTERACTIVE WATER FEATURE AND DECK EQUIPMENT: 6.00 VACUUM CLEANING EQUIPMENT Vacuum pump shall be portable, electric, and 110 volt, Single phase, 155 Square Foot Filter. Vacuum pump shall be complete with a 1.0 horsepower pump, waterproof switch, suction connection with check valve, discharge connection with gate valve, hose bib connection for priming, stainless steel pump cart, internal GFI protections, and 100 feet of power cord. Supply 24" polymer vacuum head for 2" hose, 2" dia. heavy duty Spiral Lock vacuum hose and. anodized aluminum 12' handle sections with screwed connection. Vacuums should only be connected to GFI protected outlets specifically provided for the model vacuum specified. 6.01 LEAF SKIMMER AND WALL BRUSH: Leaf skimmers shall have a head of stainless steel with removable screen, handle of aluminum or fiberglass, sixteen feet in length. Wall brushes shall be 24" long, bristles to be 1½” long of nylon, with handle of aluminum or fiberglass, sixteen feet in length. 6.02 TEST KIT: Test kit shall have chlorine scales 0.4 to 3.0 ppm and pH range from 6.8 to 8.0. It shall have reagents for determining total alkalinity-acid demand and alkalinity demand. Test kit shall include testing abilities for cyanuric acid. 6.03 FIRST AID KIT: One 27 unit heavy duty first aid kit conforming to the State Health Code shall be provid- ed as part of the Operational Equipment turned over to the Owner at start up. Any addi- tional first aid kits that the owner may wish to purchase shall be provided by the Owner. 6.04 SAFETY SIGNS: Safety signs shall be displayed in applicable areas. Lettering shall be contrasting and the size and color specified on the plans and required by code. See Interactive water feature drawings for required verbiage. 6.05 AQUATIC PLAY FEATURES: Aquatic play features shall be manufactured, installed, maintained, and operated per ASTM F2376 -08 and ASTM F-2461-09 standards. 437 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-38 Aquatic play features shall be as specified on the plans. Because of precise engineering parameters, flows, head losses, and other engineering considerations based upon the specified fittings, substitutions will not be considered. GENERAL CLAUSES: The aquatic play products shall be suitable for installation in municipal and commercial aquatic facilities and public play areas. Products shall be specifically designed for the use by children and adults and follow the ASTM F2461-09 norm. In addition, products shall be manufactured by a company that has at least five (5) years of experience in the design and engineering of children’s aquatic play areas. PRODUCT DELIVERY, STORAGE AND HANDLING A. All aquatic play products and associated equipment must be properly wrapped and secured in place while in transport to the project site. Care shall be observed during offloading and handling to prevent excessive stress and abra- sions. B. At the site, the play products and associated equipment are to be stored in safe areas, out of the way of traffic and other construction activities, until the actual time of installation. If required, safety barricades or other like precautions must be taken for the protection of public and adjacent property. C. Protective wrapping on the aquatic play features must be left in place until construction work for the water feature is complete. COMMISSIONING OF THE INTERACTIVE WATER FEATURE Upon completion of construction, the general contractor shall provide the owner/operator adequate training on facility operations and maintenance. The contractor may request that the equipment manufacturer and/or manufacturer’s representative provide on-site start-up and training for the owner/operator. PART 7 - FINAL PROVISIONS: 7.01 RECORD DRAWINGS, OPERATION AND MAINTENANCE MANUALS, AND INSTRUCTIONS: Upon final acceptance of interactive water feature and related equipment, the following shall be furnished to the Owner: One set of complete, as built drawings, showing exact location of all piping and of all equipment actually furnished and placed noting any deviations from the contract draw- ings and specifications, so that the original drawings may be revised. A minimum of two complete sets of printed, indexed instructions, bound in a durable cover, for operation and maintenance of all equipment specified herein and shown on the drawings. These instructions shall also include precise directions for: a. Maintenance and operation of each component of the filtration system equipment and water feature systems equipment b. Maintenance and operation of the chemical control system, including complete chemical treatment, water balance c. Design circulation rates listed of the circulation filtration system. d. Precise directions for draining and/or winterizing of all circulation equipment and interactive water feature equipment and components (including water features). 438 STORY MILL PARK CONSTRUCTION DOCUMENTS BOZEMAN, MT JULY 19, 2021 SPECIAL FACILITY COMPONENTS - EXTERIOR FOUNTAINS 131213-39 7.02 GUARANTEES AND WARRANTIES: Construction: The successful bidder shall guarantee the interactive water feature struc- ture and finishes against leaking, cracking, failures, and overall water-tightness to the Owner for the period of one (1) year from the date of final completion. The successful bidder shall guarantee the, fittings and equipment to the Owner for the period of one year, or per the equipment manufacturer’s warranty, whichever is greater. A 24 hour response time is required for servicing warranty items. In the event that the interactive water feature contractor fails to provide the required service within 24 hours, the interactive water feature contractor is liable for any cost the owner incurs if the owner chooses to provide the service (assuming the interactive water feature contractor’s 24 hour response time has lapsed). If parts are needed from out of state, they shall be air freight delivered. Failure to respond within 24 hours may result in owner providing ser- vice from another source and the interactive water feature contractor back charged. 7.03 TRAINING PERIOD: The successful interactive water feature contractor shall provide the Owner a training period not to exceed 30 days to acquaint the operators in the use and operations of all the various systems and interactive water feature related components (interactive water feature equipment / components, circulation systems, water feature systems). The inter- active water feature contractor shall also provide the operators with instruction on drain- ing and /or winterizing all equipment and interactive water feature components (including water features and slides). Training session days shall be on a day(s) that falls Monday through Friday from 7:00 A.M. 3:30 P.M. END OF SECTION 131213 439 Perspective View AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Creating Compelling Aquatic Play Experiences Waterodyssey.com440 Perspective View AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Creating Compelling Aquatic Play Experiences Waterodyssey.com441 Perspective View AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Creating Compelling Aquatic Play Experiences Waterodyssey.com442 Perspective View AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Creating Compelling Aquatic Play Experiences Waterodyssey.com443 Perspective View AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Creating Compelling Aquatic Play Experiences Waterodyssey.com444 Park View AW Creating Compelling Aquatic Play Experiences2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A 445 Creating Compelling Aquatic Play ExperiencesProduct List AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Waterodyssey.comAQUATIC PLAY FEATURES Custom Log #3 FF-LS3-W23547 Custom Log #1 FF-LS1-W23547 Custom Rain Tree #1 FF-RT1-W23547 Custom Log #2 FF-LS2-W23547 Custom Rain Tree #2 FF-RT2-W23547 Custom Tree Stump #1 FF-TS1-W23547 ACTIVATORS & DRAINS Touch N’ Go™ W009 Launch Pad™ W017 446 Creating Compelling Aquatic Play ExperiencesProduct List AW2592 SQ FT Story Mill Community Park 461.5 GPMW23547-4A Waterodyssey.comAQUATIC PLAY FEATURES Cattails - Tall Leaf & Short Leaf™ W322(B) & W322(C) Custom Tree Stump #2 FF-TS2-W23547 Simple Spray™ W125C ACTIVATORS & DRAINS Touch N’ Go™ W009 Launch Pad™ W017 447 Memorandum REPORT TO:City Commission FROM: Luke Kline, Parks and Recreation Contracts Coordinator Mitch Overton, Parks and Recreation Department Director Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement with Stay Green Sprinklers Inc. for Irrigation Maintenance Services in the Parks and Trails District MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Second amendment to the professional services agreement with Stay Green Sprinklers Inc. for irrigation maintenance services in the Parks and Trails District. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180 creating the Bozeman Parks and Trails Special District (District). To accomplish the District objectives the City has developed a multi-year District implementation plan designed to achieve steady calculated increases in level of service standards and sustainable maintenance practices in all City Parks. Beginning July 1, 2020 City’s Parks and Recreation Department assumed full responsibility for all of the District’s designated park properties including the addition of 235 acres of park land located within subdivision parks previously maintained by home owners/community associations. In February 2021, the Parks and Recreation Department conducted a request for proposals process to acquire professional services required to maintain parks grounds and landscape areas in the District. After careful evaluation and review, Stay Green Sprinklers Inc. was determined to be the most qualified vendor for Parks and Trails District Irrigation Maintenance Services Zone 2 Parks. On March 23, 2021, the City entered into the Agreement with Stay Green Sprinklers Inc. The Agreement is effective for one year after the date of execution with the option to extend the agreement an additional year upon mutual agreement. Stay Green Sprinklers Inc. has demonstrated the ability to provide comprehensive irrigation maintenance services for the City’s Parks and Trials District and will continue complete services as defined and 448 described in Attachment B: PSA Stay Green Sprinklers Inc. The Attachment A PSA Amendment 2 Stay Green Sprinklers Inc. will extend the Agreement for an additional one (1) year period and shall terminate on March 23, 2024. In no case, however, may this agreement run longer than five (5) years from the original effective date. UNRESOLVED ISSUES: None. ALTERNATIVES:As recommended by City Commission. FISCAL EFFECTS:Funding is currently allocated for this maintenance within the FY23 and FY24 budget in the Parks and Trails District Maintenance Fund account. Attachments: Attachment A PSA Amendment 2 Stay Green Sprinklers Inc..pdf Attachment B PSA Stay Green Sprinklers Inc..pdf Report compiled on: January 5, 2023 449 Second Amendment to Professional Services Agreement for Irrigation Maintenance Services Zone 2 FY 2023 – FY 2024 Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Irrigation Maintenance Services Zone 2 dated March 23, 2021 (the “Agreement”) is made and entered into this _____ day of ____________, 2023, 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 Stay Green Sprinklers, Inc., PO Box 10461, Bozeman, MT 59719 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 March 23, 2021 is extended for an additional one (1) year period. The Agreement shall terminate on March 23, 2024. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 450 Second Amendment to Professional Services Agreement for Irrigation Maintenance Services Zone 2 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 STAY GREEN SPRINKLERS INC. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 451 Page 13 of 25 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of March, 2021, 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, Stay Green Sprinklers, Inc., PO Box 10461, 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.Effective Date: This Agreement is effective upon the date of execution. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Appendix C Maintenance Schedule Zone 2 (IRRIGATION) 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. 23rd DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 452 Page 14 of 25 5.Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 453 Page 15 of 25 Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. 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 DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 454 Page 16 of 25 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. 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. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 455 Page 17 of 25 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 both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 456 Page 18 of 25 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 DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 457 Page 19 of 25 only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be 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 DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 458 Page 20 of 25 to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 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 DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 459 Page 21 of 25 discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees 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. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 460 Page 22 of 25 17.Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist 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. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 461 Page 23 of 25 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 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 **** DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 462 Page 24 of 25 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 DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Jason A Wood President/Owner Jason Wood 463 City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 February 2021 REQUEST FOR PROPOSALS (RFP) PARKS & TRAILS DISTRICT IRRIGATION MAINTENANCE SERVICES ZONE: 2 City of Bozeman Bozeman, MT Exhibit A DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 464 Page 5 of 25 III.SCOPE OF SERVICES If selected a contractor will provide the City with professional expertise to successfully implement the proposed scope of services. The City has provided a summary of the basic maintenance components and site locations to assist in understanding the tasks and maintenance services desired. Specifications are general in nature and not intended to encompass all the projects complexity. Contractor shall become familiar with the specified locations and the needs of each facility to best determine their ability to complete the described maintenance specifications. Additional tasks and work elements may be inserted into the scope of services during contract negotiations with the selected firm. It is also possible that tasks or elements could be removed during negotiations or not included in an initial contract because of regulatory uncertainty, budget limitations, contracting strategy or any combination thereof. Proposals must clearly identify any elements of the proposed scope of services that would not be provided by the prime contractor. Any sub-contractors which comprise the respondent team must be identified along with a description of past working history between the firms. The scope of services includes: 1.Contractor shall be responsible for completion of site specific irrigation system and maintenance services identified and described in Appendix D: Park location Maps Zone 2. 2.Contractor proposals shall include cost associated with delivery of all tasks described in Appendix C: Maintenance Schedule Zone 2 Irrigation and Additional Services listed to be considered for proposal award. 3.Contractor shall provide a fixed cost per item for all services at the frequency designated/described in Appendix C: Maintenance Schedule Zone 2 Irrigation. Maintenance services requested include: a.Irrigation System Startup. b.Irrigation System Winterization. 4.Contractor shall provide a fixed hourly rate for labor cost associated with services described in Appendix C: Maintenance Schedule Zone 2 Irrigation Additional Services. Exhibit A DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 465 Page 6 of 25 Contractor proposals shall provide information on additional callout fees applied for service calls or maintenance related emergencies. Maintenance services requested include: a.Irrigation System miscellaneous maintenance (Labor Only). b.System programming for routine sprinkler cycles (Labor Only). c.Repair/Replacement of irrigation system components. (Labor Only). 5.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. Contractor proposals shall include additional explanation if items costs are excluded from the scope of services provided. Landscape services/maintenance are not included in this RFP and will be contracted separately. Exhibit A DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 466 PARK NAME SITE DISCRIPTION LOCATION:MAP/LOCATION (GREEN AREA ONLY) CATTAIL CREEK PARKS A & B TURF: YES/UNK IRRIGATION: YES/UNK Park A: Blackbird Dr. to Warbler Way & South fo Cattail St. Park B: Catron St. to Cattail St. & Blackbird Dr. to Warbler Way. 2-B 1x/year $1x/year $ SANDAN PARK TURF: YES/FAIR IRRIGATION:YES/ME DIUM/FAIR Downy Ln. to Savannah St. & Fen Way to Blackbird Dr. 2-C 1x/year $1x/year $ CATTAIL CREEK PARK PHASE 3 TURF: YES/UNK IRRIGATION: YES/MEDIUM/FAIR Catron St. to Catamount & Blackbird Dr. to Warbler Way.2-D 1x/year $1x/year $ HARVEST CREEK PARK 1-4 TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR W. Oak St. to Durston Rd. & Springbrook Ave. to to N. 27th Ave.2-E 1x/year $1x/year $ WALTON HOMESTEAD PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Corner of 15th Ave. and Juniper St. 2-H 1x/year $1x/year $ WESTGLEN PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Between Drouillard Dr. and Meriweather Ave. at Mendenhall St. 2-I 1x/year $1x/year $ BRIDGER CREEK PARK PHASE 1 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Off Boyland Rd. Park with a pond. 2-K 1x/year $1x/year $ DIAMOND ESTATES PUBLIC PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Oak St. & Agate Ave. Road buffer at Oak & detention pond Area. 2-J 1x/year $1x/year $ OAK SPRINGS PARK TURF: YES/FAIR IRRIGATION: YES N. Ferguson Ave. to Yellowstone Ave. & Renova Ln. to Annie St. 2-K 1x/year $1x/year $ BRIDGER CREEK PARK PHASE 2-3 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR PH. 2: Augusta Dr. off Mcilhattan Rd. PH. 3 Trail corrador Story Mill Dr. to Mcillhattan Rd. & North of St Andrews Dr. 2-L 1x/year $1x/year $ VILLAGE DOWNTOWN PARK TURF: UNK IRRIGATION: YES/MEDIUM/FAIR E-W trail corridor N. Broadway Ave. to Village Crossing Way.2-M 1x/year $1x/year $ BAXTER SQUARE PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Corner of Sartain St. and Renee Way & Baxter Ln. to Sartain St. 2-N 1x/year $1x/year $ WEST WINDS PARK (ALL PHASES) TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Oak St. to Baxter Ln. & Davis Ln. to 27th Ave. 2-O 1x/year $1x/year $ LEGENDS AT BRIDGER CREEK PARK 1 TURF: YES/UNK IRRIGATION: YES/UNK North of Pinicle Star St. 2-P 1x/year $1x/year $ LEGENDS AT BRIDGER CREEK PARK 2 TURF: YES/GOOD IRRIGATION: YES/MEDIU/FAIR Boyland Rd. W. of Pinicle Star St. 2-Q 1x/year $1x/year $ CREEKWOOD SUB PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR End of Creekwood Dr. 2-R 1x/year $1x/year $ CATTAIL LAKE PARK TURF: YES/FAIR IRRIGATION: YES East of Davis Ln. on Troutmeadow Rd. & Blackbird Dr. 2-S 1x/year $1x/year $ PINE MEADOW PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR W. Villard St. between Valley Dr. and Merriwether 2-T 1x/year $ 1x/year $ OAK MEADOWS PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Crabapple Dr. to Juniper St. & N. 14th Ave to N. 12th Ave. 2-U 1x/year $ 1x/year $ Irrigation System labor for miscellaneous maintenance (Labor Only).$ Repair/Replacement of irrigation system components. (Labor Only).$ system programming for routine sprinkler cycles (Labor Only).$ Repair/Replacement of irrigation system components. (Labor Only).$ Additional Services: Fixed Per Hour Rates Service/Discription Per Hour Rates ADDITIONAL COMMENTS Appendix C: Maintenance Schedule Zone 2 (IRRIGATION) IRRIGATION SYSTEM STARTUP : IRRIGATION SYSTEM WINTERIZATION :ADDITIONAL COMMENTS Parks DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 467 CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP Appendix C: Maintenance Schedule Zone 2 MAP/ LOCATION : OVERVIEW LK 1/21 PARKS MAINTENANCE ZONE 1-3 MAP Exhibit A DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 468 STAYiBREEN SPRINKLERS INC THE WATER CONSERVATION SPECIALISTS February 19, 2021 Jason Wood, President Stay Green Sprinklers, Inc. 406-570-9223 jason@staygreensprinklers.com POB 10461 Bozeman, MT 59719 www.staygreensprinklers.com Exhibit B DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 469 Appendix C: Maintenance Schedule Zone 2 (IRRIGATION) PARK NAME SITE DISCRIPTION LOCATION: MAP/LOCATION IRRIGATION SYSTEM IRRIGATION SYSTEM ADDITIONAL COMMENTS (GREEN AREA ONLY) STARTUP: WINTERIZATION : Parks Park A: Blackbird Dr. to CATTAIL CREEK TURF: YES/UNK Warbler Way & South fo PARKS A&B IRRIGATION: Cattail St. Park B: Catron St. 2-B 1lc/year $S"-Z.S 1x/year $;-is YES/UNK to Cattail St. & Blackbird Dr. to Warbler Way. TURF: YES/FAIR SANOAN PARK IRRIGATION:YES/ME 2-C 1x/year $ 20<> 1x/year $ 1,oO DIUM/FAIR CATTAIL CREEK TURF: YES/UNK $3So IRRIGATION: 2-0 1x/year $��<) 1x/year PARK PHASE3 YES/MEDIUM/FAIR HARVEST CREEK TURF: YES/FAIR IRRIGATION: 2-E 1x/year $;so 1x/year $7So PARK1-4 YES/SMALUFAIR WALTON TURF: YES/FAIR HOMESTEAD PARK IRRIGATION: 2-H 1x/year $1$ 1x/year $t5 YES/SMALUFAIR TURF: YES/FAIR WESTGLEN PARK IRRIGATION: 2-1 1x/year $7S 1x/year $ ,sYES/MEDIUM/FAIR BRIDGER CREEK TURF: YES/FAIR IRRIGATION: 2-K 1x/year $2,c;o 1x/year $'2�0 PARK PHASE 1 YES/MEDIUM/FAIR BRIDGER CREEK TURF: YES/FAIR $'/<>� PARK PHASE 2-3 IRRIGATION: 2-L 1x/year $'-/OO 1x/year YES/MEDIUM/FAIR VILLAGE TURF:UNK IRRIGATION: 2-M 1x/year $/5 1x/year $,s DOWNTOWN PARK YES/MEDIUM/FAIR BAXTER SQUARE TURF: YES/FAIR IRRIGATION: 2-N 1x/year $3oO 1x/year $joo PARK YES/SMALUFAIR WEST WINDS PARK TURF: YES/FAIR (ALL PHASES) IRRIGATION: 2-0 1x/year $J,soo 1x/year $/,�"'' YES/MEDIUM/FAIR LEGENDS AT TURF: YES/UNK BRIDGER CREEK IRRIGATION: 2-P 1x/year $/10 1x/year $/10 PARK1 YES/UNK LEGENDS AT TURF: YES/GOOD BRIDGER CREEK IRRIGATION: 2-Q 1x/year $'3SO 1x/year $JC,o PARK2 YES/MEDIU/FAIR CREEKWOOD SUB TURF: YES/FAIR IRRIGATION: 2-R 1x/year $1,�0 1x/year $1,.�0 PARK YES/MEDIUM/FAIR TURF: YES/FAIR $C'ZS CATTAIL LAKE PARK IRRIGATION: YES 2-S 1x/year $61S 1x/year TURF: YES/FAIR PINE MEADOW PARK IRRIGATION: 2-T 1x/year $/Ou 1x/year $J<;,a YES/SMALUFAIR OAK MEAOOWS TURF: YES/FAIR fZiS PARK IRRIGATION: 2-U 1x/year 1x/year $-zis YES/MEDIUM/FAIR Downy Ln. to Savannah SL & Fen Way lo Blackbird Dr. Catron St. to Catamount & Black.bin::I Dr. to Warbfer Way. W. Oak St. to Durston Rd. & Springbrook Ave. to to N. 27th Ave. Comer of 15th Ave. and Juniper St. Between Drouillard Dr. and Meriweather Ave. at Mendenhall St. Off Boyland Rd. Par!< with a pond. PH. 2: Augusta Dr. off Mcilhattan Rd. PH. 3 Trail corrador Story Mill Dr. to Mcillhattan Rd. & North of St Andrews Dr. E-W trail comdor N. Broadway Ave. to Village Crossina Wav. Comer of Sartain St. and Renee Way & Baxter Ln. to Sartain St. Oak St. to Baxter Ln. & Davis Ln. to 27th Ave. North of Pinicte Star St. Boyland Rd. W. of Pinkie Star St. End of Creekwood Dr. East of Davis Ln. on Troutmeadow Rd. & Blackbird Dr. W. Villard St. between Valley Dr. and Meniwether Crabapple Dr. to Juniper St. & N.14th Ave to N. 12th Ave. Additional Services: Fixed Per Hour Rates Service/Discription Per Hour Rates ADDITIONAL COMMENTS Irrigation System labor for miscellaneous maintenance (Labor Only). $ ,c;ft..r- system programming for routine sprinkler cycles (labor Only). $(� r-"'c:.L-s�, Repair/Replacement of irrigation system components. (Labor Only). $ 7$ /L..r- Exhibit BDocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 470 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION s�'7 b!'r::,eA �r,,..f..la--s I !tvc... (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, 'S;f-.y 6('C:...,/\. 9,,.,� /e.krs I lrvc ,(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. 4-,d.�,,ores,oh,--+ �d title of person authorized to ;ig� on behalf of submitter Exhibit B DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 471 First Amendment to Professional Services Agreement Irrigation Maintenance Services Zone 2 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trails District Irrigation Maintenance Services Zone 2 dated March 23, 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 Stay Green Sprinklers, Inc., PO Box 10461, Bozeman, MT 59719, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extension of Term. Section 31 Professional Services Agreement between the City and Contractor dated March 23, 2021 (the Agreement) is extended for an additional one (1) year period. The Agreement shall terminate on March 23, 2023. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** March1st DocuSign Envelope ID: E94A39D5-2F0B-4F96-88BE-EEA64C6397BB 472 First Amendment to Professional Services Agreement Irrigation Maintenance Services Zone 2 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 STAY GREEN SPRINKLERS, INC. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: E94A39D5-2F0B-4F96-88BE-EEA64C6397BB Jason Wood President/Owner 473 Memorandum REPORT TO:City Commission FROM:Luke Kline, Parks and Recreation Contracts Coordinator Mitch Overton, Parks and Recreation Department Director Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement with Hydro Logistics Irrigation LLC. for Irrigation Maintenance Services in the Parks and Trails District MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Second amendment to the professional services agreement with Stay Green Sprinklers Inc. for irrigation maintenance services in the Parks and Trails District. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND: On June 1, 2020, the Bozeman City Commission approved Resolution 5180 creating the Bozeman Parks and Trails Special District (District). To accomplish the District objectives the City has developed a multi-year District implementation plan designed to achieve steady calculated increases in level of service standards and sustainable maintenance practices in all City Parks. Beginning July 1, 2020 City’s Parks and Recreation Department assumed full responsibility for all of the District’s designated park properties including the addition of 235 acres of park land located within subdivision parks previously maintained by home owners/community associations. In February 2021, the Parks and Recreation Department conducted a request for proposals process to acquire professional services required to maintain parks grounds and landscape areas in the District. After careful evaluation and review, Hydro Logistics Irrigation LLC. was determined to be the most qualified vendor for Parks and Trails District Irrigation Maintenance Services Zone 1 Parks. On March 23, 2021, the City entered into the Agreement with Hydro Logistics Irrigation LLC. The Agreement is effective for one year after the date of execution with the option to extend the agreement an additional year upon mutual agreement. Hydro Logistics Irrigation LLC. has 474 demonstrated the ability to provide comprehensive irrigation maintenance services for the City’s Parks and Trials District and will continue complete services as defined and described in Attachment B: PSA Hydro Logistics Irrigation LLC. The Attachment A PSA Amendment 2 Hydro Logistics Irrigation LLC. will extend the Agreement for an additional one (1) year period and shall terminate on March 23, 2024. In no case, however, may this agreement run longer than five (5) years from the original effective date. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by City Commission. FISCAL EFFECTS:Funding is currently allocated for this maintenance within the FY23 and FY24 budget in the Parks and Trails District Maintenance Fund account. Attachments: Attachment A PSA Amendment 2 Hydro Logistics Irrigation LLC..pdf Attachment B PSA Hydro Logistics Irrigation LLC. (2).pdf Report compiled on: January 10, 2023 475 Second Amendment to Professional Services Agreement for Irrigation Maintenance Services Zone 1 FY 2023 – FY 2024 Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Irrigation Maintenance Services Zone 1 dated March 23, 2021 (the “Agreement”) is made and entered into this _____ day of ____________, 2023, 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 Hydro Logistics Irrigation LLC., 499 Hyalite View Dr., Bozeman, MT 59718 hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Section 31 of the Agreement is replaced in its entirety with the following: 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one (1) year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. 2. Extension of Term: Section 31. Extensions: Professional Service Agreement between City and Contractor dated March 23, 2021 is extended for an additional one (1) year period. The Agreement shall terminate on March 23, 2024. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 476 Second Amendment to Professional Services Agreement for Irrigation Maintenance Services Zone 1 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 HYDRO LOGISTICS IRRIGATION LLC. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 477 Page 13 of 24 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of March, 2021, 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, Hydro Logistics Irrigation LLC., 499 Hylite View Dr., Bozeman MT 59771, 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.Effective Date: This Agreement is effective upon the date of its execution. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Appendix C Maintenance Schedule Zone 1 (IRRIGATION) 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. 23rd DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 478 Page 14 of 24 5.Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 479 Page 15 of 24 provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and 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, DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 480 Page 16 of 24 fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 481 Page 17 of 24 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 both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 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 DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 482 Page 18 of 24 Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the 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 DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 483 Page 19 of 24 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 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 _____________________ 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 DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 484 Page 20 of 24 circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 485 Page 21 of 24 Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17.Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 486 Page 22 of 24 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 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. DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 487 Page 23 of 24 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 **** 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 DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 Owner Josh Proff Hydro Logistics Irrigation, LLC 488 City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 February 2021 REQUEST FOR PROPOSALS (RFP) PARKS & TRAILS DISTRICT IRRIGATION MAINTENANCE SERVICES ZONE: 1 City of Bozeman Bozeman, MT Exhibit A DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 489 Page 5 of 24 III.SCOPE OF SERVICES If selected a contractor will provide the City with professional expertise to successfully implement the proposed scope of services. The City has provided a summary of the basic maintenance components and site locations to assist in understanding the tasks and maintenance services desired. Specifications are general in nature and not intended to encompass all the projects complexity. Contractor shall become familiar with the specified locations and the needs of each facility to best determine their ability to complete the described maintenance specifications. Additional tasks and work elements may be inserted into the scope of services during contract negotiations with the selected firm. It is also possible that tasks or elements could be removed during negotiations or not included in an initial contract because of regulatory uncertainty, budget limitations, contracting strategy or any combination thereof. Proposals must clearly identify any elements of the proposed scope of services that would not be provided by the prime contractor. Any sub-contractors which comprise the respondent team must be identified along with a description of past working history between the firms. The scope of services includes: 1.Contractor shall be responsible for completion of site specific irrigation system and maintenance services identified and described in Appendix D: Park location Maps Zone 1. 2.Contractor proposals shall include cost associated with delivery of all tasks described in Appendix C: Maintenance Schedule Zone 1 Irrigation and Additional Services listed to be considered for proposal award. 3.Contractor shall provide a fixed cost per item for all services at the frequency designated/described in Appendix C: Maintenance Schedule Zone 1 Irrigation. Maintenance services requested include: a.Irrigation System Startup. b.Irrigation System Winterization. 4.Contractor shall provide a fixed hourly rate for labor cost associated with services described in Appendix C: Maintenance Schedule Zone 1 Irrigation Additional Services. Contractor proposals shall provide information on additional callout fees applied for service calls or maintenance related emergencies. Exhibit A DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 490 Page 6 of 24 Maintenance services requested include: a.Irrigation System miscellaneous maintenance (Labor Only). b.System programming for routine sprinkler cycles (Labor Only). c.Repair/Replacement of irrigation system components. (Labor Only). 5.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. Contractor proposals shall include additional explanation if items costs are excluded from the scope of services provided. Landscape services/maintenance are not included in this RFP and will be contracted separately. Exhibit A DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 491 CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP Appendix C: Maintenance Schedule Zone 1 MAP/ LOCATION : OVERVIEW LK 1/21 PARKS MAINTENANCE ZONE 1-3 MAP Exhibit A DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 492 PARK NAME SITE DISCRIPTION LOCATION: MAP/LOCATION (GREEN AREA ONLY) FERGUSON MEADOWS PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Sanders Ave & Cascade St. 1-A 1x/year $ 1x/year $ VALLEY COMMONS PARK TURF: YES/UNK IRRIGATION: YES/MEDIUM/FAIR Fallon St. & Ginella Way (vacant land) 1-B 1x/year $1x/year $ LOYAL GARDENS SUB PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR S. Cottonwood Rd. to Golden Gate Ave. & South of Loyal Dr. 1-C 1x/year $1x/year $ VALLEY WEST PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Durston Rd. to Babcock St. & Kimball Ave. to N. Cottonwood Rd.1-D 1x/year $1x/year $ NORTON EAST RANCH SUB PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Babcock St. to Fallon & S. Eldorado to Waterlily Dr.1-E 1x/year $1x/year $ BAXTER MEADOWS, PH. 1-3 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Kimberwicke St. to Baxter &Vaquero Pkwy. to Harper Puckett Rd.1-F 1x/year $1x/year $ FLANDERS CREEK SUBDIVISION PARK 1- 3 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Annie St. to Durston Rd. & Flanders Creek Ave. to Twin Lakes Ave. 1-G 1x/year $1x/year $ BAXTER MEDOWS, PH. 1 Park 1-2 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Equestrian Ln. to Baxter Ln. & Vaquero Pkwy. to Ferguson Ave. 1-H 1x/year $1x/year $ TRADITIONS SUB PHASE 1 PARK 1-4 & 8 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Sherwood Way to Glenwood Dr. & Flanders Creek Ave to Abigail Ln.1-I 1x/year $1x/year $ DIAMOND ESTATES PUBLIC PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Oak St. & Agate Ave. Road buffer at Oak & detention pond Area. 1-J 1x/year $1x/year $ OAK SPRINGS PARK TURF: YES/FAIR IRRIGATION: YES N. Ferguson Ave. to Yellowstone Ave. & Renova Ln. to Annie St. 1-K 1x/year $1x/year $ DIAMOND PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Ferguson Ave. to Flanders Mill Rd. & Oak St. to Tanzanite Dr. 1-L 1x/year $1x/year $ FOUR POINTS MINOR SUB 475 PARK TURF: YES/GOOD IRRIGATION: YES/MEDIUM/FAIR Cattail St. to Kimberwicke St. & Milkhouse Ave. to Ferguson Ave 1-M 1x/year $1x/year $ WESTBROOK SUB PUBLIC PARK 1-2 TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR Annie St. to Durston Rd. & Rosa Way to Loxley Dr. 1-N 1x/year $1x/year $ THE LAKES AT VALLEY WEST PARK TURF: UNK IRRIGATION: YES/MEDIUM/FAIR Westmorland Dr. to Vahl Way to N. Laurel Pkwy. Adjcent to Bronken Sports Park. 1-O 1x/year $1x/year $ SUNDANCE PUBLIC PARK TURF: UNK IRRIGATION: UNK Caballo Ave. to Davis Ln. & Galloway St. to Baxter Ln. 1-P 1x/year $1x/year $ BOULDER CREEK PARK 1-2 TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR Glenellen Dr. to Annie St. & Laurel Pkwy. To Abigail Ln.1-Q 1x/year $1x/year $ ANNIE ST & COTTAGE PARK LN TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Small L shaped property corner of Annie St. & Cottage Park Ln.1-R 1x/year $1x/year $ COTTAGE PARK LN TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR Small property Cottage Park Ln. and Hanson St. 1-S 1x/year $1x/year $ Repair/Replacement of irrigation system components. (Labor Only).$ Repair/Replacement of irrigation system components. (Labor Only).$ Appendix C: Maintenance Schedule Zone 1 (IRRIGATION) IRRIGATION SYSTEM STARTUP : IRRIGATION SYSTEM WINTERIZATION :ADDITIONAL COMMENTS system programming for routine sprinkler cycles (Labor Only).$ Irrigation System labor for miscellaneous maintenance (Labor Only).$ Parks Additional Services: Fixed Per Hour Rates Service/Discription Per Hour Rates ADDITIONAL COMMENTS Exhibit A DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 493 Parks & Trails District Irrigation Maintenance Services zone 1 RFP Hydro Logistics Irrigation, LLC Josh Proff 499 Hyalite View Drive Bozeman, MT 59718 406.570.0814 josh@hydroli.com Exhibit B DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 494 PARK NAME SITE DISCRIPTION LOCATION: MAP/LOCATION (GREEN AREA ONLY) FERGUSON MEADOWS PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Sanders Ave & Cascade St. 1-A 1x/year $ 1x/year $ VALLEY COMMONS PARK TURF: YES/UNK IRRIGATION: YES/MEDIUM/FAIR Fallon St. & Ginella Way (vacant land) 1-B 1x/year $1x/year $ LOYAL GARDENS SUB PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR S. Cottonwood Rd. to Golden Gate Ave. & South of Loyal Dr. 1-C 1x/year $1x/year $ VALLEY WEST PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Durston Rd. to Babcock St. & Kimball Ave. to N. Cottonwood Rd.1-D 1x/year $1x/year $ NORTON EAST RANCH SUB PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Babcock St. to Fallon & S. Eldorado to Waterlily Dr.1-E 1x/year $1x/year $ BAXTER MEADOWS, PH. 1-3 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Kimberwicke St. to Baxter &Vaquero Pkwy. to Harper Puckett Rd.1-F 1x/year $1x/year $ FLANDERS CREEK SUBDIVISION PARK 1- 3 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Annie St. to Durston Rd. & Flanders Creek Ave. to Twin Lakes Ave. 1-G 1x/year $1x/year $ BAXTER MEDOWS, PH. 1 Park 1-2 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Equestrian Ln. to Baxter Ln. & Vaquero Pkwy. to Ferguson Ave. 1-H 1x/year $1x/year $ TRADITIONS SUB PHASE 1 PARK 1-4 & 8 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Sherwood Way to Glenwood Dr. & Flanders Creek Ave to Abigail Ln.1-I 1x/year $1x/year $ DIAMOND ESTATES PUBLIC PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Oak St. & Agate Ave. Road buffer at Oak & detention pond Area. 1-J 1x/year $1x/year $ OAK SPRINGS PARK TURF: YES/FAIR IRRIGATION: YES N. Ferguson Ave. to Yellowstone Ave. & Renova Ln. to Annie St. 1-K 1x/year $1x/year $ DIAMOND PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Ferguson Ave. to Flanders Mill Rd. & Oak St. to Tanzanite Dr. 1-L 1x/year $1x/year $ FOUR POINTS MINOR SUB 475 PARK TURF: YES/GOOD IRRIGATION: YES/MEDIUM/FAIR Cattail St. to Kimberwicke St. & Milkhouse Ave. to Ferguson Ave 1-M 1x/year $1x/year $ WESTBROOK SUB PUBLIC PARK 1-2 TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR Annie St. to Durston Rd. & Rosa Way to Loxley Dr. 1-N 1x/year $1x/year $ THE LAKES AT VALLEY WEST PARK TURF: UNK IRRIGATION: YES/MEDIUM/FAIR Westmorland Dr. to Vahl Way to N. Laurel Pkwy. Adjcent to Bronken Sports Park. 1-O 1x/year $1x/year $ SUNDANCE PUBLIC PARK TURF: UNK IRRIGATION: UNK Caballo Ave. to Davis Ln. & Galloway St. to Baxter Ln. 1-P 1x/year $1x/year $ BOULDER CREEK PARK 1-2 TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR Glenellen Dr. to Annie St. & Laurel Pkwy. To Abigail Ln.1-Q 1x/year $1x/year $ ANNIE ST & COTTAGE PARK LN TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Small L shaped property corner of Annie St. & Cottage Park Ln.1-R 1x/year $1x/year $ COTTAGE PARK LN TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR Small property Cottage Park Ln. and Hanson St. 1-S 1x/year $1x/year $ Repair/Replacement of irrigation system components. (Labor Only).$ Repair/Replacement of irrigation system components. (Labor Only).$ Appendix C: Maintenance Schedule Zone 1 (IRRIGATION) IRRIGATION SYSTEM STARTUP : IRRIGATION SYSTEM WINTERIZATION :ADDITIONAL COMMENTS system programming for routine sprinkler cycles (Labor Only).$ Irrigation System labor for miscellaneous maintenance (Labor Only).$ Parks Additional Services: Fixed Per Hour Rates Service/Discription Per Hour Rates ADDITIONAL COMMENTS 75 75 7575 75 75 75 75 75 75 500 500 800 800 475 475 375 375 830 830 300 300 500 500 500 500 400 400 300 300 400 400 650 650 350 350 100 100 75 75 75 75 Exhibit B DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 495 Page 12 of 24 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 Hydro Logistics Irrigation LLC Hydro Logistics Irrigation LLC ,Owner Exhibit B DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396 496 First Amendment to Professional Services Agreement Irrigation Maintenance Services Zone 1 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trails District Irrigation Maintenance Services Zone 1 dated March 23, 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 Hydro Logistics Irrigation LLC., 499 Hylite View Dr., Bozeman MT 59771, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extension of Term. Section 31 Professional Services Agreement between the City and Contractor dated March 23, 2021 (the Agreement) is extended for an additional one (1) year period. The Agreement shall terminate on March 23, 2023. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: 6EB0114C-4BA3-47BC-99AB-4EF30B74FA37 8th February 497 First Amendment to Professional Services Agreement Irrigation Maintenance Services Zone 1 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 HYDRO LOGISTICS IRRIGATION LLC. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 6EB0114C-4BA3-47BC-99AB-4EF30B74FA37 Josh Proff Owner 498 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order MID22-002 with Sanderson Stewart for On-Call Miscellaneous Engineering Services for the Midtown Urban Renewal District MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a task order MID22-002 with Sanderson Stewart for on-call miscellaneous engineering services for the Midtown Urban Renewal District. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Midtown Urban Renewal District (the “District”) continues to redevelop because of public infrastructure incentives provided by the Tax Increment Financing allowed in the District. Some projects require additional, or modified, design work due to unforeseen circumstances on the ground. Sanderson Stewart has the term contract for this District and routinely completes small, “on-demand” projects for District. This task order allows for efficient “on-demand” services form Sanderson Stewart. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:Funding for this Task Order is included in the Midtown Urban Renewal Board’s recommended Fiscal Year 2023 Work Plan and Budget for the Midtown Urban Renewal District. Sanderson Stewart will bill for its services on a time and materials basis not to exceed $10,000. Attachments: URD Task Order Form MID22-002.pdf Report compiled on: January 12, 2023 499 City of Bozeman Urban Renewal District Term Contract Task Order Number #MID22-002 PROJECT: On-Call Miscellaneous Engineering 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 November 21, 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 shall include miscellaneous design services to be provided on an as-needed basis at the request of the City of Bozeman Economic Development Department. COMPENSATION: Sanderson Stewart will bill for its services on a time-and-materials basis not to exceed $10,000.00. 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 “time-and-materials basis” according to the attached standard rate sheets for Sanderson Stewart and it’s subconsultants. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. 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 500 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Resolution 5471 Adopting the Burke Park Master Plan Amendment MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5471 Adopting the Burke Park Master Plan Amendment STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:On December 14, 2021, the City Commission approved Resolution 5353 approving the Burke Park/Peets Hill Expansion and Improvement Project including allocation of cash-in-lieu of parkland funds for the acquisition of 12 acres of land adjacent to Burke Park. The Resolution authorized staff to take all necessary steps to purchase the land. At that time, conceptual designs for improvements to the newly acquired land were presented. GVLT conducted a survey to solicit community feedback about how the newly acquired parkland would be integrated into the existing park and GVLT and the City coordinated to complete the master plan amendment. With adoption of Resolution 5471 Burke Park Master Plan Amendment, City Commission will be officially expanding the boundary of Burke Park to include the newly acquired parcels and adopting the donor recognition plan for planned improvements. GVLT will begin its bidding process for improvements scheduled for 2022 upon adoption of the Park Master Plan. The list of improvements includes the following: Trails and scenic overlooks within the new parcel Rangefinder interpretive seating area Improved ADA access New fencing to delineate restraint free areas of Burke Park This Amendment is an addendum to the existing Burke Park Master Plan which had its latest amendment in April 2003. Burke Park was formally dedicated as public parkland via Resolution 4179 on July 6, 2009 after the 2008 Burke Park Lots Purchase of two additional acres. Additional steps will be taken to clarify the City-County boundary along the 501 new parcels, change zoning of the property to Public Lands and Institutions, and remove public easements from the prior property owner to the City that are no longer necessary for a public park. UNRESOLVED ISSUES:NA ALTERNATIVES:Per City Commission FISCAL EFFECTS:NA Attachments: Resolution 5471 Story Mill Community Park Master Plan.docx Exhibit_A-2023_Burke_Park_Master_Plan_Amendment.pdf Burke_Park_Survey_2023.pdf Report compiled on: December 29, 2022 502 Version April 2020 RESOLUTION 5471 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE 2023 BURKE PARK MASTER PLAN AMENDMENT WHEREAS,the provisions of Section 1.8.2 of the Parks, Recreation, Open Space and Trails (PROST) Plan outline the procedure for amending a park master plan; and WHEREAS, a conceptual master plan was submitted as part of the Burke Park/Peets Hill Expansion and Improvement Project (“Project”), which was approved by Resolution 5353; WHEREAS, the conceptual master plan was further refined during the public input process specified in the 2007 Parks, Recreation, Open Space and Trails Plan to develop a master plan. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 – Municipal Code and PROST Plan References In accordance with the Bozeman Municipal Code Section 26.02.220.,and Section 1.8.2 of the Parks, Recreation, Open Space and Trails (PROST) Plan, the Burke Park Master Plan Amendment is adopted including the Narrative, Conceptual Improvements, Supplemental Materials from the 2003 Burke Park Master Plan and other relevant Resolutions. 503 Version April 2020 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 504 Burke Park 2023 Master Plan Amendment Since the last update to the Burke Park Master plan in 2003, the city of Bozeman has grown in population from approximately 31,000 to over 54,000 in 2022, according to the US Census Bureau. With this population growth, along with the purchase of 13 additional acres for the expansion of Burke Park in early 2022, this is an ideal opportunity to update the existing Master Plan for the Peet’s Hill/Burke Park natural park area. In recognition of the community input that drove the initial Master Plan in 2001, Gallatin Valley Land Trust conducted an online survey that was available to the public from mid- September through October 31st, 2022 to evaluate the current usage of the park, what improvements the community desires in the new acquired parcels, and to direct this master plan update. A total of 546 responses to survey were recorded. The results of this survey are attached to this document. As was reflected in the original plan, the survey found that a majority of people are accessing Burke Park for the: 1) Views of the surrounding lands; 2) Native plants/wildflowers and; 3) Connectivity to other trails. In addition, three areas of primary concern were identified: 1) Park Access; 2) Land & Native Species Preservation and; 3) Trails & Amenities. Resolution 5471 Exhibit A 505 Park Access Since the last update to the Master Plan, parking has been established at the north end of Peet’s Hill in a dedicated trailhead parking lot and additional parking is now available a short distant to the north at the Bozeman Public Library, which is now connected to Peet’s Hill via both Lindley Park and the Gallagator Trail. A limited amount of additional parking is also now available at the south end of Burke Park at a small parking lot located on the Harrison Street Right of Way, which includes restroom facilities, four (4) parking spaces and one (1) handicapped parking space. Two (2) additional handicapped parking spaces are available at Aspen Pointe, providing access to the mid-section of Burke Park. Reponses to the survey showed that nearly 40% of respondents used the park either daily (74) or more than once a week (148). Another 22% (122) use the park weekly. When accessing the park, 40% access the park using an automobile, 20% by bicycle and nearly 40% by foot. In a follow up question, only 11% of respondents rated improved/expanded parking as a very important improvement for the park. 37% rated improved/expanded parking as moderately important and over 50% did not view improved/expanded parking as important. These results suggest that parking for Burke Park remains sufficient for the community overall and is NOT seen as a priority. Based on the desire for adding trails built for people with limited mobility within the park (highlighted in the Trails & Amenities section below), it is recommended to consider adding additional accessible spaces at the Harrison St parking lot to better serve those with limited mobility. With the addition of these parking spaces, the trails leading from the Harrison St parking lot to the gathering/overlook intersection should be realigned and/or upgraded. Currently the grades are steep and/or the surface is not up to all abilities/UA standards. Land & Native Species Preservation Respondents to the survey placed a high value on the natural environment of the park, including the large amount of native vegetation and the viewshed over a majority of the Gallatin Valley. Any improvements that occur within or adjacent to the park should consider these highly valued features of the park. Improvements should strive to retain as much native vegetation as possible and any vertical development should be low profile so as to not obstruct the viewshed. With the increased numbers of users, it is recommended that a weed management plan be implemented across the park as an additional method of protecting native vegetation. While it is acknowledged that the increase in users means a correlating increase in dogs, the survey responses were evenly distributed between keeping the park as off leash vs. instituting an on-leash policy. It is recommended that Burke Park remain as an off- leash property, however, it is recommended that the newly acquired parcels to the south retain their on-leash designation in an effort to better protect the natural setting, vegetation, and wildlife that still inhabit these acres. Additionally, Respondents, by only a small margin, prefer to have some delineation between leash free and on-leash areas of the park. The delineation between on leash/off lease areas should be clearly marked. To accomplish a clear delineation, it is recommended shifting the current leash boundary slightly north of its current location at the property line by approximately 150ft so that it includes the proposed range finder (outlined in Amenities) and the Harrison Street parking lot. 506 Trails and Amenities Overall, respondents to the survey were in strong support of better maintenance on the existing trails, expanded trails in the park, and the addition of two overlooks and an overlook with range finder/seating area. As connectivity to other trails is an important use of Burke Park, these new trails would help alleviate the pressure on the existing trails while also providing additional connections outside of Burke Park. Additional trail connections and location of amenities are included in the maps below. Amenities proposed during the campaign to purchase the additional parcels in fall of 2021 included two overlooks and a range finder at the top of Burke Park (labeled as 1 on the above map) and two overlooks (labeled as 2 and 3). A proposed shift of off-leash/on-leash delineation is also recommended (labeled 4). The proposed range finder would be a site from which users can use visual aids to assist in identifying the surrounding mountain ranges, while also providing seating to take in the views. As previously mentioned in Park Access, the trails leading from the Harrison St parking lot to the gathering/overlook intersection should be realigned and/or upgraded. Currently the grades are steep and/or the surface is not up to all abilities/UA standards. Survey respondents were in strong support of overlook #2, as labeled on the map above, and were on slightly less supportive of overlook #3. Overlook #2 would be a fully accessible location to allow for community members with limited mobility to access it via the Harrison Street trailhead and parking area. The trail to overlook #2 should be a Class IIA trail, per City of Bozeman PROST trail specifications. Topography of the area does not lend to making overlook #3 fully accessible, but efforts will be made to create the most accessible trail possible such as a Class IIB trail. A shift of off-leash/on-leash delineation will shift the current delineation that is located on the boundary between the existing Peets Hill parcels and the expansion parcels, marked by jackleg fencing. The boundary would shift approximately 150 feet to the north, marked by the numeral 4 on the map. 507 This shift would place the proposed range finder as well as the Harrison parking within the on-leash area, where a combination of moving vehicles and a substantial trail intersection creates multiple hazards for off-leash dogs. As this shift would cut of a section of trail that makes a loop, it is recommended that a new trail connection be made within the off leash are to reconnect the loop for those walking off-leash dogs. The section of the loop that will be within the on-leash area should be revegetated and returned to a natural state. Maintenance of the natural surface single track trail that parallels the main gravel path on the ridge top was strongly supported. While this trail has been used for decades, it is not an officially recognized trail in the master plan. As it helps alleviate pressure and conflict between users on the main trail, it is recommended that the trail be officially recognized in this update as a Class III natural surface trail, allowing for official maintenance by the City Parks department. The survey did also ask if the community was in support of upgrading this trail to 5-foot-wide gravel path, however only moderate support of this proposal was received. Upgrading to a gravel trail should be kept open as an option if it is determined that a natural surface trail cannot be successfully maintained. The new expansion also hosts the existing Simkins Spur trail, which was located within a City trail easement as it crossed private property. Now that the City is the owner of the property, the trail can be more frequently maintained with improvements to drainage and trail tread as part of a more robust City trail maintenance program. Two trail additions were proposed in the survey, one connecting across the newly acquired parcels while connecting two overlooks and a second trail across the mid slope between Church Street and the ridge top. Survey results are strongly supportive of the proposed trail on newly acquired parcels, which would run from the top of the Simkins Spur, connecting two overlooks and then descending to the Church Street right of way. This trail is depicted as the green trail on the map. This trail would be within the proposed on-leash area of the park to protect the surrounding native vegetation and wildlife. The trail would provide a secondary connection from the proposed Rangefinder/seating down to Chruch Street, helping relieve pressure from the existing Simkins Sput. of the park. As outlined in the description of the overlooks, this trail would be a Class IIA trail to overlook #2 and would be a Class IIB or Class III to reach overlook #3 and down to the connection with the Simpkins Spur. The survey also strongly supports the addition of a Class III trail that runs mid-slope above Church Street and below the ridge, providing the opportunity to create a loop system within Burke Park. This trail connection would also provide opportunities for additional community connections highlighted in the master plan, such as the Lincoln Street right-of-way, Ice Pond Road, Martel site, and to future Church Street improvements. This connection would also provide the opportunity for future parking or public transit stops along Church Street as part of future improvements to the corridor. These potential connections will join Burke Park to Langhor, the Gallagator, MSU via trails, and city designated bike routes and quiet streets. Through the addition of more connections, pressure can be relieved from the Chris Boyd Trail and provide direct access to the park without the need for a vehicle, and reduce the need for future vehicle parking. Future Considerations In addition to the above improvements, Burke Park may require future investment in both the natural and the human-built resources in the park. Several problematic trail design elements have 508 caused excessive erosion over time and with increased use. Social trails like the one that has formed on the “sledding hill” are increasing in width and are unsustainable. In addition, the primary entrance to Burke Park, where the parking lot is located, has some significant opportunities for improvement to both the natural and human built environment. With increased use, especially by off-leash dogs, the native plants are being trampled. Implementing a management plan for Burke Park, including rotating “recovery zones,” could aid in the protection and re-establishment of the incredible plant biodiversity documented at the park when the original Master Plan was written over twenty years ago. Donor Recognition Plan All donors to the GVLT 2010 Save Peets Hill fundraising campaign who gave $10,000 and above will be acknowledged with a group recognition feature within the planned improvements. Specific features will recognize two donations of $50,000, one donation of $100,000 and one donation of $150,000. 509 BURKE PARKNORTH1002004000TRAIL LEGENDCHRIS BOYD TRAIL WORTMAN SPURSUNSET HILLS CEMETERYGALLAGATOR TRAILS. CHURCH AVE.BOZEMAN CREEKKENYON DR.HIGHLAND BLVD.OLD HIGHLAND BLVD.BOZEMAN HEALTH HILLCREST SENIOR LIVINGEXISTINGBURKE PARKBURKE PARKEXPANSIONBOZEMAN DEACONESSHOSPITAL510 BURKE PARK EXPANSIONS. CHURCH AVE.NORTH2040800PLAN KEY NOTES:GATHERING AREA & LOOKOUTLOOKOUTRECLAMATION AREAMOUNTAIN RANGE VIEW FINDER& BOULDER BENCHMAIN PARK SIGN1122322435444449101111109768886555577BOULDER SEATINGMEDICINE WHEELENLARGED RENDERING EXTENTSPROTECTED FOX DENCHRIS BOYD TRAIL PARKINGCHRIS BOYD TRAILCHRIS BOYD TRAIL 511 BRIDGERBRIDGERGALLATINGALLATINMADISONMADISON TOBACCO ROOTSTOBACCO ROOTSELKHORNELKHORNBURKE PARK EXPANSIONSCULPTURAL SEATING ELEMENTS 2MAIN GATHERING AREA & LOOKOUT1 RIDGE OVERLOOK RIDGE OVERLOOK43PLAN REFERENCE - NTS3412NORTHETCHED STEEL BENCH CONCEPT RENDERINGMAIN PLAZA - NTSNORTHCHRIS B OYD TRAIL 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 City of Bozeman -City Clerk f P.O. Box 1230 Bozeman, MT 59771 -1230 COMMISSION RESOLUTION NO. 4179 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REGARDING A TRACT OF LAND COMMONLY KNOWN AS BURKE PARK, BEING 41.9155 ACRES AS DEPICTED ON CERTIFICATE OF SURVEY NO. 1778, DECLARING SAID TRACT OF LAND TO BE PUBLIC PARK LAND. WHEREAS, The subject property is owned by the City of Bozeman; and WHEREAS, Section 7-16-4101 Montana code Annotated authorizes municipalities to establish, alter, and maintain parks; and WHEREAS, The subject property has been developed and maintained by the City of Bozeman as public parkland; and WHEREAS, The subject property is utilized by the public extensively and exclusively for park purposes; and WHEREAS, The subject property was not formally dedicated as parkland through a subdivision and platting process; and WHEREAS, The Commission finds that formally declaring Burke Park public parkland would be in the community's best interest, to help ensure that the property continues to be owned by the public and managed as public parkland; and WHEREAS, Formally declaring Centennial Park public parkland would advance the goals and objectives of the adopted Parks, Open Space and Trails (PROST) Plan, which states the City's parks, recreation programs, and facilities, open spaces and trails play a vital role in defining Bozeman as "the most livable place;" 2349818 t1of212121/2009 01:36:10 PM Fee: $14.00 Charlotte Mills Gallatin County, MT MISC 111111 IN 1111 IIIII 11111 I 1111 IN 542 1 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That pursuant to Section 7 -16 -4101 MCA, Burke Park, as described above and as shown on Certificate of Survey 1778 is hereby established as public parkland to be utilized by the citizens of the City of Bozeman, Montana pursuant to and consistent with various ordinances of the City of Bozeman. Section 2• That City of Bozeman staff shall take such steps as necessary to ensure a public record of this action is recorded with the Clerk and Recorder's office of Gallatin County, Montana, so that this Declaration of Parkland is known to all men and women as the will of the City Commission of the City of Bozeman, Montana. PASSED AND ADOPTED BY THE City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6"' day of July, 2009. KAAREN JACOB N ail Mayor AP AS TO FORM: r qR VfLIVAN i y Attorney r 543 J APPROVED TO FORM: G UL IVAN CiTAttorney 544 COMMISSION RESOLUTION N0.4171 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, HONORING THE LIFE AND ACOMPLISHMENTS OF BOZEMAN RESIDENT AND GALLATIN VALLEY LAND TRUST FOUNDER CHRIS BOYD BY NAMING THE BURKE PARK RIDGE TRAIL, THE CHRIS BOYD MEMORIAL TRAIL. WHEREAS, Chris Boyd was a valued member of the Bozeman community whose leadership motivated and inspired many others to work together to improve our community; WHEREAS, Chris Boyd's passion to expand and improve Bozeman's "Main Street to the Mountains" trail system greatly enhanced the quality of life for visitors and residents alike; WHEREAS, as founder of the Gallatin Valley Land Trust, Chris Boyd created an ongoing legacy of collaborative community projects, adding many miles of new public trails that connect us with nature and with each other; ; WHEREAS, Chris Boyd was instrumental in the purchase from the Burke Family of the private property now dedicated as Burke Park; and WHEREAS, the Burke Park ridge trail was informally named for Chris Boyd in 1998. NOW THEREFORE LET IT BE RESOLVED by the Bozeman City Commission that the trail constructed atop the Burk Park ridge, stretching from the Page 1 of 2 545 southwest corner of Lindley Park to the south end of Burke Park, hereafter be known as the Chris Boyd Memorial Trail. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on July 27, 2009. KAA N JACOBS N Mayor ATTEST: STAC UL EN, C City Cl APPROVED AS TO FORM: G SULLIVAN City Attorney Page 2 of 2 546 BURKE PARK SURVEY RESULTS 547 548 GGrraavveell ttrraaiill mmaaiinntteennaannccee NNaattuurraall ssuurrffaaccee ttrraaiill mmaaiinntteennaannccee IImmpprroovviinngg ssiiggnnaaggee//wwaayynnddiinngg IImmpprroovveedd//eexxppaannddeedd ppaarrkkiinngg WWeeeedd mmaannaaggeemmeenntt CClloossuurree ooff ssoocciiaall ttrraaiillss IImmpprroovveedd//eexxppaannddeedd ttrraaiill aammeenniittiieess lliikkee bbeenncchheess AAddddiittiioonnaall//eexxppaannddeedd ttrraaiillss 549 550 551 We know we didn't think of everything, so please tell us what else you want us to know about Burke Park. (Comment section responses) Would love to see rotating fences/closures of grass areas alongside trails to restore wildflowers/grasses in small sections. Seems like this could be a good MSU/GVLT/City collaboration on grassland rehab... Encourage separation of bikers/hikers. Encourage bikers to acquire and use A BELL! it's such a bozeman treasure With our population growth, I feel the dirt single track through the new purchase south end needs to be widened and graveled for multi use. Right now it is just dirt, gets very muddy after a rain and is very difficult for bikes to pass pedestrians and visa versa. No room for someone to pull over. "I feel Burke Park and. its trails should be managed comprehensively with the nearby & adjoining. park and open space areas (i.e. Lindley, Sunset Hills, Highland Glen, Knolls, New Hyalite View, Gallagator). When all these areas are combined, we have a tremendous community asset in open space, resource protection, connected trails, year round recreation, and quality of life improvement. Resource management has been lacking at Burke Park. I'm hopeful proactive resource and public use management, with adequate public funding, will be an important aspect of any master planning efforts." Foremost for me is retaining the feel and rhythm of Burke Park, and extending it over more area, rather than significantly altering it in existing improved areas. Seriously consider only allowing dogs on leash. The bike/walk combination on trails is really dangerous. I'd like to see a speed limit for bikes and a bell requirement. Lots of municipalities require bike bells. They work. Love the pedestrian trails and dog off leash areas. To many mountain bikes, no bells of warning for people and dogs. Would like to see no bikes as there are plenty of mountain bike only areas around and near Bozeman. I hope enhancement/expansion doesn’t mean dogs must be on leash. Burke Park is I believe the only in town park where you can walk your dog off leash and it would be really sad if that changed. Thank you! 552 Peet's Hill / Burke Park is truly my favorite place in Bozeman. I am blessed to live in close proximity, and feel so grateful to take a short stroll, connect with friends, run with my dog off-leash, and ride my bike to town. Burke Park is truly a Bozeman treasure and I am so grateful to see the continued investment in the space. I use Peet's Hill/Burke Park synonymously. The map laying out "potential new or upgraded trails" is not discernible. Which ones are existing? My position is we do not need to create additional trails, we should close unnecessary (parallel) social trails with the exception of the one at the main overlook area. Keep a mix of the single track on the newly acquired piece and the overlook and the keep main trail packed but not asphalted to accommodate those with limited mobility. The use of the word "fencing" may influence people's response who would like to be able to enjoy Peet's Hill without all the off leash dogs but who don't want to sacrifice the beauty of the area. I believe an off leash area on Peet's Hill is warranted away from the overlooks perhaps in a low spot and fully support making Peet's Hill an on leash area as a whole which would require a new City designation. Hard for those of us requiring wheeled walkers to walk on steep hills, especially getting up to Peets Hill Park from parking lot. would be helpful for parking at the top from the adjacent subdivision and retiree home. Use of the new park/trails will increase with time and if it connects to other trails logically I love the expansion, but given the topography and size, I'd prefer to limit new amenities and keep it as natural as possible. It's a great oasis in the city. Crossing Kagy on Sourdough is a little sketchy for bikers and pedestrians, might want to warn folks. Would be fun to have more single track for biking but most important for me would be to leave the current single track as is. It is one of my favorites. parking already a problem for the residents will only get worse if you do not fix the parking problem before encouraging more usage I very much oppose any change to the off-leash dog status around Peet's Hill. Having a place in town for dogs to run, socialize, and be a part of everyday life is one of the things that makes Bozeman such a wonderful place to live. Save the flowers. Signage to not pick the vegetation. "It would be nice if the new overlooks didn't obscure the neighbors' views. Please don't invoke rules (like dogs on leash only) if they won't be enforced!" 553 I think bikes and scooters are very destructive to the trails. I do ride me bike. This is a wonderful place for well behaved dogs to play naturally with their friends. It would be a shame to designate it as an on-leash area. It would likely mean I would no longer use the area. It's pretty good as is, with some trail work on the paths below the summit to the west. Don't overdo it. I love the flexibility and would hope that it could remain minimal on additional rules... off leash, shared use, and continued encouragement to be outside kind is my preference. I support some on-leash areas on Peets hill, but it is really nice to take the well behaved dog on a nice long walk down the hill vs stuck in small confined fenced in area. Maybe the two main ingress/ egress points to the park could be designated leash areas to help solve a few of the conflicts at the congested points? Pet stations/ trash cans; Peets is one of only two large off leash city park - Snowfill being the other. I know there are conflicts but let’s make a shift to a small fenced off leash area a very last resort. Please create ownership status for the park that would not allow camping in the park (i.e. if ownership goes to the City of Bozeman) Wildlife like foxes and white tail deer requires that dogs be kept on leash! Switch to on-leash on the trails, with off-leash in designated areas only. There's too much dog chaos with the open range there now. Perhaps another Snowfill-like design sectioned off from the main trail. make it ALL leash only for pets Gravel is good due to clay soils. Natural single track doesn’t last due to compaction and runoff. It is a great place to let dogs run! I would be very sad to see them restricted to a much smaller fenced area. 554 Keep the leash free options please!! I love this area, and for the most part I love how used it is. However, during covid in an effort to be 6 feet apart, people really widened the trail by walking on the trail edge. I'd love to see some educational signs for users about the damage it causes. It really feels like users just don't know that they are doing anything wrong by walking in the grass. Parking option in section 3 Would love new single-track on the west side that made use of the hilly topography Vault toilet needed. Please continue to allow dogs off leash in all of Burke Park and increase education efforts to reduce conflicts. This is one of the few town trails (only in town trail) where dogs are allowed to run and romp off leash. Keep singletrack single!! Remember that 60 to 70% of all Park users bring their dogs. Do not limit opportunities for dogs. Thank you for considering some improved wheelchair/handicapped access sections. Between The Knolls and Hillcrest Aspen Pointe, I would guess that more elderly living there could benefit from some access to the beauty of this park. Also, I’m a walker, and while I don’t oppose bike use on Peet’s hill, it’s so much easier and safer when the cyclists use the single track “social” trails. Even the dogs tend to use the social trails, and that lends to fewer dog-people unpleasant encounters. I don’t think social trails can be eliminated, so we might as well maintain them. I am very concerned about dogs in the new addition, which is much more a nature area than some of the rest of the hill. I hope there can be a very strong enforcement right from the start that off leash dogs will NOT be tolerated in this area. Given dog walkers' bad behavior on other leash-required trails (Sourdough nature trail for example), I am not optimistic and dread the dogs running through this nice shrubby habitat full of nesting birds. Trail interconnections are very important to allow access without having to drive and park. 555 More in town bike trails would be great. Separating bike and hike would probably be good. Peet’s need to start Enforcing leash laws with fines. I have unfortunately had several bad encounters with my dog (friendly puppy on leash) and other dogs not on leash. People need to leash their dogs now, this is not Bozeman of the 90s. Increased parking would be good. Don’t understand the ‘overlook’ designation so couldn’t answer with any certainty. "Limit amenities that could contribute to significant increase in need for parking and lots of people. Make the whole area leash only. Too many out of control dogs are brought to that trail by owners making walking unsafe for older persons and timid dogs. " Go very easy here, especially re #3. I come with my toddler so stroller- and kid-friendly features are great! mandatory dogs on leash on tails in the Peets Hill Expansion area I am very concerned about the increase in traffic through the Knolls. I am a senior resident of the Knolls and am very worried about this increase in traffic especially if gathering areas are built. The traffic was not addressed at all in this survey. You should add parking in area 3 and not in the knolls Focus on protecting wildflowers and the natural habitat from off trail use and social trails causing areas to be beat out and eroded. Prohibit motors (scooters, bikes), focus on new areas acquired, leave parking as is Some survey questions are not well explained. Animal watching site with information about local wildlife A water fountain at one of the trail heads would be awesome. There should be more limits on dog owners. A specified off leash area would be helpful. There are too many users to have the whole area be off leash anymore. I have stopped walking my dog at Pete's hill because the dog situation is too wild. I would return if there was a specified off leash area. and an area with leashes. That way runners and bikers could avoid certain areas, and people could walk there dogs on leash. 556 Important to designate walking trails without bike traffic. I walk the trail daily and recently was struck from behind by an out of control bicyclist. My injuries required a medical appointment plus days of healing from the jar and bruising. As a result I am now experiencing anxiety when out on the trail. There are many walkers on the trail that are enjoying the benefits of the exercise, fresh air and sunshine that would appreciate the ability to walk where bikes are not allowed. Thank you Having dog waste stations and trash cans - if it's easy for people to dispose of the waste they are more likely to. This is so great! Thanks for your work. Please come help us build trails in Belgrade! Enforcing picking up after your pet I wonder if people will be confused by the use of "social trails" here. Burke Park is a beautiful trail system that keeps things as close to natural as possible. Hikers, runners, bikers, and people walking their dogs off leash co-exist happily in this less restrictive communal area. It is a gem because it is not over-structured. Less is more when it comes to this park. In 1971 and 72, as an MSU art student, I lived in the top apartment next to Peet's hill on Church St. I created several paintings from that view. The memory has great value to me personally. I want it to be preserved and available to people now and in the future. If you designate some trials foot access only please do the same for bikes. I would rather we all share though. While I support trails that increase access to those with less mobility, I do not support it at the expense of exclusively wide trails and ruining the plants/ area. Good work on creating a thoughtful well-balanced user survey. Looking forward to the improvements ahead Adding a few more trees alongside trails providing some occasional shade with accompanying bench My most important mandate is to keep Pete's hill a leash free environment. Appreciate the survey. I love the park as is but it is heavily used. Please make the new section dog off leash as well. It will be confusing for people if part is off leash aMr part is not. 557 I hate the thought of no longer having a free-range place for dogs to roam that's in town. Not sure if the on/off pet areas means one area for dogs, and you can't walk with your dog across the hill like you currently can. I hope you can still walk with your dog along the entire hill. We don't currently have a dog and I use Peet's MUCH less right now! It's the BEST place to go with a dog! (But I LOVE it without a dog too!) What do you mean by "single track" trails? I think of these as a kind of bike trail -- is this what you intend? Leave it as is; natural. No new structures. The bikes terribly ripped up the trails last spring; one guy actually crashed into me while I was walking this spring. there are other areas to ride. Not on Peets Hill. "Will Burke Park trails connect to Main Street to the Mountains trail? Is there interest in an east/west trail connecting to Sourdough Trails near Kagy or at some point a mile or two further south (between Kagy and Goldenstein)? The Nielsen and Benson properties on Sourdough road would consider donating space for such a trail. Continue to allow dogs to be off-leash! This is very important to me and the dogs!!! You’ve got it all The simplicity and openness of it and the lack of overbearing rules are important characteristics that I hope you preserve Educate dog walkers on basic trail courtesy. Many dominate the trail with little or no concern for non dog walkers, No buildings and minimal signage. Do not over develop Burke park! Maintain natural habitat as much as reasonably possible Groomed all use trails on the winter I think e bikes need to be limited to multi use gravel trails and not allowed in single track. Also, dog stations like mentioned above need to have compostable baggies with garbages available so people don’t leave their bags on the ground to pick up later. 558 Natural vegetation/native landscape education (maybe flower beds with signs) to demonstrate the beauty of native and drought tolerant plants as well as being friendly to pollinators. It would be good to support native vegetation that cannot be hammered by the increasing number of dogs. Right now the sagebrush is disappearing and the grasses are increasingly invasive. We need to anticipate and structure increased traffic. This includes the electric scooters and one-wheels that are becoming a common sight up there. We need some specific, agreed-upon rules for this increasing human pressure. Please leave most of the existing untrailed/ shrubby area for wildlife habitat- especially in the newly purchased area. It would be especially bad to put the red trail through the middle of it. Improved pedestrian safety at Kagy and Church would be helpful. Crosswalks with lights? Tbd In case the spring-fed cattail marshy area (to east of main trail and north of Aspen Pointe) is within park boundaries, consider fencing it. Dogs get really muddy and smelly in there. This area is so heavily used by multiple different types of users, and it works. I think changing it to only foot traffic, or only bike traffic or changing the purpose (gathering vs walking and biking) would ruin a good thing. It's used and loved, because it accommodates people. I can't stress enough how important and wonderful I think that the extension of the red trail into the newly purchased section would be! Please please please...remember that we share this space with wildlife. This survey only explicitly mentions that once. Be kind to all, not just people, when planning for the future. Maybe it can be expanded to include wildlife pathways on Church! Above all, please keep the park leash-free for dogs. Stopping the social trails is high importance for preserving the park! 559 more trails Please keep it off leash everywhere. I donated to the land purchase. Please keep it for dog lovers. It’s a highly used/abused town treasure, Thank you for supporting it! I’d like to see the weeds kept to a dull roar, otherwise really happy to have it available to the community. "I was a little confused by some of the above questions and what they meant. I wanted to expound upon my answers in cased I misunderstood the meaning. In the diagram of trails I was not 100% certain which were existing trails - ie. is the blue one the main trail that we currently know? I'd have loved more info about why gravel upgrades are being proposed, are there some key benefits to maintenance, accessibility etc.? I said I was against them for aesthetic reasons and preference of use but I don't really know enough about pros/cons to different types of trails. I also didn't understand what closure of social trails meant, maybe that is common terminology but I wasn't aware of it it regards to Peet's Hill/Burke Park so again I opposed but I don't know what I'm opposing. I also wasn't clear what views of surrounding land meant, does that mean the current immediately adjacent land like in the new purchased parcel or the hospital trails or the views of the valley and open spaces you can see miles away? I think for me Burke Park is one of the most special places in Bozeman and I don't want to see a lot of change to it other than change that is geared solely towards accessibility or intentional DEI. I really just like it how it is, how it's very simple and not much more. I saw one mock-up with a bunch of stone benches and I'm not in support of those, it felt like it would take away from the natural beauty and simplicity of Burke Park as it stands. It seemed almost like it was trying too hard. Thank you for hosting this survey and gathering community feedback. It means a lot! " Connectivity is a priority. I appreciate the idea to segregate bikers and pedestrians, but don’t give the bikers the edge trail closer to the views! It’s nice to stop along the western trail and check out the sunset. If you do designate a trail for bikers only make it closer to the hospital side please. Burke Park rocks as is! Any kind of will be awesome. It’s honestly a highlight of Bozeman to me. The longer I’m lucky enough to call this valley home, the deeper my appreciation for GVLT and its many conservation efforts grows. 560 Peets hill has been loved to death. The amount of sagebrush that has been lost is heartbreaking. I don’t like going there anymore. The dogs chewing on the stems, and bicyclist creating new and wider trails, the sage-grassland is being destroyed. I love the benches and dog stations, but please don’t do any concrete or other built features up there! It’s a wonderful place because of how undeveloped it still is. And everyone knows rangefinders sit in disrepair after 5 years. Connecting Burke Park to Christie Field Area would be splendid. With the boom in micro-mobility there is a need for signage clarifying appropriate technology and max speed limits on shared use trails. In addition to bicycles and foot traffic, I recommend allowing class 1 e- bikes and other non-throttle driven mobility devices ( like the Onewheel ) with max speeds of 20 mph or less. Posted speed limits should be 15 mph. Like it the way pretty much the way it is. Please don't overdevelop. Continued bike / dog access please! Dogs off leash here make it hard for others to enjoy the trail. Please keep Peet’s hill off leash as is now. Prioritize pedestrian, bike and transit access over cars. Don’t waste precious park space on cars Adding a few more trees alongside trails providing some occasional shade with accompanying bench In town Mountain Bike Loop With downhill travel only trail. 561 Less is best. Let nature take care of the single used trails and maintain only what we have right now with occasional gravel to help with erosion. Also, limit bicycles I’m going extremely fast around walkers and dogs. Many near misses! The biking vs. walking issue is real, especially because it is first and foremost an off-leash dog park. People go pretty dang fast coming down the hills. West Bozeman needs its own Burke Park. When I lived by Burke Park I used it to bike downtown all the time. It was a great way to get downtown and avoid cars. I was forced out of that part of Bozeman by rising rent and now I have to use my car for everything because all the trails over here don't go anywhere useful, like bars. The question regarding potential new or updated trails seems to suggest that the existing singletrack (blue line) could be changed to a 6' wide gravel trail. I don't personally see this as necessary or wanted by the community (in my opinion) with the existing gravel trail, and it is not explicit which trail is which and the existing gravel path does not seem to be highlighted. The formatting of this question and the size of the map shown brings into question the validity of the responses for this part of the survey and I hope that this is considered. Please add short and small downhill MTB trail!!! Keep it natural - don't add any artificial lighting. It would be nice to augment with more wildflowers, maybe a planted garden near the range finder. Being able to bicycle on Peet's Hill is important for bicycle connectivity to trails. And their are lots of people walking and dog walking. In a lot of ways bicycles and pedestrians are not a great mix on a trail. So developing separate trails for each is best, or really widening the main gravel trails so bikes can easily pass pedestrians is a second best solution. "What part of the park is on leash? (Area 4 above) I thought it's all off leash. Isn't the proposed Blue Trail already a 6' gravel path? Please, no more signs or development other than a bench or two. This is an oasis on the edge of suburbia, and it should be left as open and natural as possible. This ""Park"" is primarily for people moving through it, taking in views and seeing friends doing the same thing. Gathering and party places are available at Bogert and Lindley Parks, which are adjacent Burke Park. " 562 Cim Kearns Unleashed dogs are a problem on Peets Hill. My husband was once bitten by an off-leash dog. People love to walk their dogs and let them run free, but it's not great for the rest of us. the park/hill is great as it is. i wouldnt change the general feel of the place in any way. i feel strongest about keeping it an off-leash area for dogs. Any thoughts about planting trees along the main trail to create some shade - specifically on the east side to not block the view. The trails are getting so much use that widening of current trails and development of new ones seems to be happening regardless of what people want. I have two suggestions that might help slow the gradual erosion of 'wild' sections: (1) Make sure the main trail(s) is well graveled and has good drainage so that in spring (in particular) users are not tempted to go off trail to avoid puddles, and (2) limit bicycle use to the main trail(s)--dirt biking on the side trails may be fun, but it is really tearing them up. Thanks for all your efforts! Thank you for this important addition and anything we can do to maintain connection into Highland Glen, Painted Hills Connecter, etc. is very important to me Most other cities in Montana have disc golf course that make use of the mountains and hills. Meanwhile Bozeman has Rose Park which is a good park course that could use more consistent mowing More single/natural track trails for foot traffic only Adding a few more trees alongside trails providing some occasional shade with accompanying bench keep it natural as possible, no infrastructure Consider continuation of trail around the off leash pet area, which is not evident in the image provided. Off leash playing pets often inadvertently run into bikers and hikers causing incident and some bikers and hikers may wish to avoid the off lease areas. "A safe crossing at South Church near Martel Construction (East Garfield extension) would safely link the thousands of residents west of Martel Construction and MSU to the Burke Park Trail system where the two trails drop down through the dense brush to South Church and dump people dangerously onto a narrow road with no shoulder. A safe crossing here is desperately needed. Martel Construction seems to allow people to cross their property east to west, and if this public access across their yard, bridge, and parking lot isn't in an access easement, an easement should be pursued by GVLT or the City. 563 Additional trails, and improving social trails, will give people many more options to recreate on Peets Hill. Dedicated bike only, or pedestrian only, or combined trails would be helpful. Signage and wayfinding would be helpful, especially to direct people to the restrooms and drinking fountain in the building at the south end of Peets Hill near The Knolls at Hillcrest. This building is so protected by vegetation, most folks don't know that it's a restroom or bottle filling station. Consider wayfinding signage to direct people there. Benches should be located or relocated a short distance away from trails so that people can sit in peace without other people riding or walking so close. All in all, thoughtful improvements would be appreciated and used at this gem of a park/trail system. I've been enjoying Peets Hill/Burke Park since I moved here more than 30 years ago, and EJ Porth's Chronicle article last year summed-up my experiences there - priceless. I look forward to many more years of enjoyment, peace, and recreation at Burke Park. Separating trail user groups could benefit everyone (bike vs walk/run) Management of Offleash dogs needs to be an important part of this plan, Either via providing fenced in areas designated for this, or by prohibiting it all together I love riding my bike on trails but as the areas gets more popular, I'd be okay with reasonable restrictions on bike traffic to reduce conflicts during high traffic hours. Or, finding a way to separate bike and pedestrian traffic. Another issue of concern for me is the impact of dogs on the land on either side of the trail. I think we need to keep it as an off-leash area. That is very important to me. But I also think we need to be honest about the negative impact of our dogs during certain times of the year, especially during drought years (last summer, for example). I don't have answers to this, but I'm sure there are restoration and plant specialists who can advise us. Pets are dangerous to cyclists, they need to be on a leash at all times It's a Bozeman gem! 564 While I enjoy the fact that Peets Hill is a natural trail and mutually shared by everyone, I think with the growth in Bozeman, it will eventually become a paved trail like the trail leading up to the “M”. That is not my personal preference but I think it is inevitable and any planning should consider what the trail might look like 5 - 10 years from now. Thank you for including bikes and nordic in this plan! "Thank you for the public input/opinions. Peet’s Hill is a treasure in the City of Bozeman and protecting, preserving and maintaining safety is of the upmost importance for Bozeman, and all the residents of the City. As part of the preservation, protection and safety for all, I strongly believe that Pete’s Hill should eliminate bicycle use. I have spent most of my life riding bicycles recreationally, professionally and support bicycle use nearly everywhere it’s safe for the cyclists and pedestrians. That being said, I do not believe pedestrians are safe at Peet’s Hill with cyclists on the trails. All too many times, I witness over eager cyclists of all ages racing through the park both aware and unaware of the walking pedestrians. Having a cyclist approach both uphill and or downhill is a scary event for those of all ages, those in groups, those with kids and especially the older / elderly residents of Bozeman getting out and enjoying all Peet’s Hill provides to people. Being frightened or scared by a bike approaching, with or without warning from the cyclist is not part of getting out and enjoying Peet’s Hill. I have had to nearly jump into the weeds or push my family off the trails to avoid cyclists. Those events have a lasting impact on people of all ages and can cause people to never use / return and or describe the park to others in a negative way. As we all know, those events will ultimately drive people way from one of Bozeman’s crown jewels. Furthermore, when looking ahead to the projected population growth of the City of Bozeman and surrounds (doubling by 2040), a very harder look at Peet’s Hill uses should be taken today to protect, preserve it’s safety in Bozeman. I would kindly suggest studying the Open Space regulations the the City of Boulder, Colorado, Boulder County and Jefferson County had to enact to preserve the safety and beauty of public trails as it relates to cyclist and pedestrian use. Bozeman has plenty of places for cyclists to ride in a manner they please, Peet’s Hill should not be one of them. Thank you again, for the survey and allowing other input. Good work!" " Adding another bathroom station on the north side of the park. “Dog water station." 565 It would be nice to have a sitting/gathering place in the area so we can see the mountain ranges! recognizing and maintaining/improving native grassland habit is very important and the grassland is high on my list of what makes Peets Hill stand out. It would be so great if you guys could put the ˜tread lightly and stay on the trails” sign at the parking lot where most people arrive at Pete’s. What’s so special about the new wooded area is that is not trampled to death. I would just hope that the new area stays as wild as possible to allow for animals birds and plants. I feel we have enough spots for human beings. Poor old Pete’s is getting loved to death and I hate to see how everyone is trampling On the flowers etc. It would just be great to teach the new folks moving here that we just stay on the trails and don’t smash the plants. I remember the old days with the tall grasses and so much sage brush! anyway I guess I’m hoping for the new area to stay left alone. Keep it wild! We have enough areas to trample on around here! I like the off leash dog component of Burke Park and do not want this to change. Otherwise, thank you for what you do, and keep up the good work. It's nice for people to be able to self-select acd'g to their needs. Ex. single track biking vs. walk side-by- side and chat. Nice, too, when signage makes the two readily apparent so that each can choose their own and avoid the other. THANK YOU GVLT and City for Peet's Hill. Such an in-town treasure! 1) gravel is typically an impediment to efficient hiking/joggng and encourages users to expand trails to get more solid footing 2) more traffic on southern trail to/from Church not needed, but better maintenance is (ice, mud) Reserve as much funding as possible to protect the plants and prevent erosion; don't spend it on ways to promote cramming more people into an already over-used park. Funnel all users onto trails (signs, fencing with natural materials...?), and protect the rest! My primary hope is that Peets Hill will remain an off leash dog park. It's such a wonderful and safe area for dogs to be able to run and play in town without being a giant fenced in square. "Suggest 1. keeping dog parks separate from this park. 566 2. connectors between red and blue trails. 3. increase use of area 3 (above) of the Burke Park expansion area with more trails (switchbacks). 4. that the existing trail in area 2 be modified to lessen the grade in certain areas that are currently steep and promote erosion." There seems to be much more space to use thoughtfully. A planned trail system would seem to cut down on all the user generated trails that run on top of the park and along the side, too. Don’t make a fenced dog park on Peets! Please. Keep it an off leash area. It’s friendly, social and often a means to get to another place. Please keep it that way. Sad loss of native plants to mostly crested wheat. Prefer fence to exclude dogs from interior areas to protect sage & native plants. Probably need some tree management too as those encroach. "This is a Bozeman treasure, well used and loved. I use it for dog walking and love it, but dogs are not for everyone. There are always dog issues up there. I would like it to be patrolled or communicated, rather than those the option for in town open space for dogs. I also use this trail for getting from one side of town to the other. A travel lane for bikes would be great as the bikes and dog combo doesn't always work " It would be nice to use the park and not worry about getting hit by a bike. I liked the wider trails especially during covid, because it made it possible to create distance. A good trail at the access point where the "green" trail is shown on the map would be helpful. Tremendous resource, I think it would be good to minimize bicycle/dog walking crossover. By and large, the vibe is awesome. I have visitors from out of town that can’t believe how well it works to have that much off-leash interaction and such a low rate of dog fights or aggression. Super important to me that we maintain that and not get caught up in a bunch of restrictions to pacify the most dog-averse users. I use this park almost every day year-round and I’ve seen it all. This is a peaceful, social gem and protecting should be Job 1 567 Stronger and explicit wording on signage to get people to actually keep their eyes on their dogs, because people not paying attention to where their dog is is how there is so much poop on popular trails. "We greatly appreciate the accessible walking opportunities provided in this area. " The trails as they are, are wonderful. Expanding would be supported in my vote but don’t feel existing need change. "I think adding area 4 for an off leash area is a total waste. It appears to me that everyone treats the entire park as an off leash area. It is pretty unusual to see a dog on a leash anywhere in the park. Adding a few more signs about not making social trials (or however that is handled) might reduce the growth of random tails, and adding signs on the ""trails"" that you would like to not have would be helpful. I think a lot of people don't think about the impact of ""adding"" social trails, and would stop using them or adding them if there was some encouragement to do so. I think the idea of a bicycle bypass with signage would help reduce congestion on the main gravel trail. There are several single track trails on top close to the gravel trail, but they seem to be random and not official trails. I think it would be helpful if they were identified as either official or closed. I don't use them because I don't want to contribute to the expansion of social trails." I regularly use the trail system to mountain biking, running and hiking. Ensuring that development is multipurpose and respects different uses is very important. It is wonderful that GVLT is able to expand the park. I regularly connect to the Highland Glen and painted hills trails so thinking about the broader connectivity of this new space to the broader trail system on the SouthEast side would be helpful. Additionally, I love walking and parking to enjoy community activities with my children at Lindley Park and Bogart Park. Planning for family friendly, dog friendly and multigenerational / mobility impaired uses is paramount. Pete’s Hill and Burke Park are focal point for South East Bozeman community and essential part of supporting health and well-being as well as community connectivity in our part of town. Thank you for GVLT’s efforts to continue to invest in this important trail system!! I come to Peets so tHat my dog can be off leash. Please preserve this in the plans. People with dogs off leash should keep them away from dogs on leash so all can safely walk there. 568 We love Pete’s hill! My family uses it all the time. Thank you for maintaining it! My only complaint or observation - I wish people would get off their phones 😂 I love that it is mostly natural but basically right downtown. It's like being able to go for a hike in a national forest, getting to see a huge variety of trees, wildflowers, etc, but also see views of town and not have to drive too far. Please please preserve the natural quality of the park; we have plenty of parks with benches and manicured lawns and other amenities, so we don't need another one. Peet's Hill is so unique! A bathroom facility at lower parking area. May everyone continue to feel welcome in this precious open space - thank you for your work, truly. It would be great to add a bike park and bike features as part of the Lindley park and burke hill master plan (see Duthie Park in WA as a reference). In general, it would be nice to have dedicated bike park area dedicated to MTB free ride bike features for the kids and kids at heart…so biking is more accessible for kids. Whether that is at peats hill or somewhere else within or near town. It’s the best off leash dog park in America! Please don’t change that! Don’t allow the trails to become wider during the wet season (or anytime). Honestly, you nailed it! I appreciate how in tune with the community's desires are for this park and thank you for the opportunity to provide input! Dogs are out of control Can't express enough how strongly I oppose fencing delineating on/off leash pet areas. Peete's is such a wonderful place for dogs to run around and be dogs. The weeds on the north side continue to get out of control, need a weed management plan and accountability for implementation more than anything. Priority order of improvements, pros/cons of natural track vs gravel including long term effects, what does an overlook entail I would love to see more signage on “traffic” rules (who yields to who) and dog leashing expectations. You all already do such a great job at this but folks often need reminding. 569 Yes to accessibility! Yes to responsible off leash dog use! Yes to overlooks! Yes to outdoor learning / natural classrooms! Thanks GVLT! I love it! "I would kill to see a water fountain near the junction at the top of water tower hill. Yes I know this is a pipe dream but it would be so nice. I don't presently see a ton of bikes up there, probably because there's so many people on foot. Bike- specific trails would probably encourage more for sure; pros and cons to both. I do like that it tends to be a bit slower and quieter up there than other town trails. (I am both a runner and a cyclist but don't bike so much as I run up there.) I actually enjoy that the natural side trail isn't as meticulously groomed, it's great pre-training for trail running season. I do see some dogs hassling wildlife (mainly in the early morning) which is kind of a bummer, maybe something worth having education around? In the winter, the connection up from Sourdough/Church (near Kagy) crosses a couple of driveways that create huge berms that are difficult to navigate on foot. This is likely in the city's purview but I think would mean more coming from you guys rather than a nonresident. Also, and I know this is silly, but in the winter/spring the footing is super variable. I sometimes wish there was a webpage I could check to see if it's ""dry"" ""muddy"" ""snowy"" ""moderate ice"" ""icy death"" similar to how I can check the status at Bridger Bowl 😂 Might also help people not go to there on spring muddy days and destroy the trails when they shouldn't be walked on. Otherwise this trail system is wonderful and I love it. I moved two Livingston 2 years ago and still come over most weeks to run my Peets route. The Streamline from Livingston (seasonal route) also stops at the ER, so might be worth thinking about routes from there to downtown from a commuter perspective in additional to the recreational paradigm up there. Although I think the majority of folks get off at MSU or Walmart it could improve the usability there. 570 Keep up the great work! -Lindsey" Water spicket to refill water bottles/water dogs This is one of the best places to walk my dog off leash in a beautiful area. I know that dog owners and non dog owners have different needs and desires but I hope we can continue to have (responsible and respectful) off leash use. We love Peet’s Hill! The most important thing to our family is to continue to allow off-leash dog walking. Thanks! Spray the spotted knapweed!!! Do get soft on SKW control - be brave and nuke those plants. Develop a GIS to allow the public to identify the areas where SKW is present. Crowd-source the info so on-the- ground weed control is most effective. Please leave as is; needs no “improvements”; is perfect as it is We just added a baby to the family and Pete’s Hill has been the perfect spot for us to get outside easily as we maximize our ability to recreate with a new little one Need to find a solution in the winter especially to stop dogs from killing all the sagebrush. Volunteers can deliver chopped up branches that can be used as sticks for dogs. Signage so dog owners learn that it takes decades for sagebrush to grow. Contemplative area a bit away from most people I used to live near the park (20+ years) and walk several generations of dogs there (have since moved farther from town). On *and* off leash areas would be great! Also, there is plenty of single track around here. Having trails that are more accessible to our friends and neighbors who have disabilities or are elderly should be prioritized in the city. I love the off leash dog aspect and would like to see that continued. 571 For me the biggest thing is the park be designated on leash now and have a designated off-leash area that is away from the main trail so non-dog owners can enjoy the trail systems as if it wasn’t a dog park Dogs are the most disruptive part of using the trails. I run this regularly and it’s not bad dogs but bad owners. I love dogs. But every time I run it, a dog will sprint up to me at some point altering my flow/progress. Anything that can be done to limit the creation of additional social trials that are eroding the bluff will be great! Also, I loved the teepee installation last winter, can it return this year please? Rather than on and off leash areas that are separate, enforce rule of people actively managing their dog. Don't allow them to run all over, pooping where you can't see, getting in other people's faces. It may take instituting fines until people get the message and become more accountable for their dog's behavior. Many people just don't care about others any more. It is causing some of us to reconsider our support for GVLT. It's an awesome park and good way to look at Bozeman from above the mountain. It’s an awesome park and good way to look at Bozeman from above the mountain. "Background: I am Bozeman native and have been walking the trail (when it was little more than deer path) for 30 or 40 years. I pushed a wheelbarrow with gravel when it was first widened and improved. 1) When I first started walking that path, I noticed several small piles of chert chips about halfway along the trail overlooking the valley. That was a tool/arrowhead chipping site for native Americans. They were probably near the B or T in blue trail on the map. Those are long gone (but I bet you might notice a random piece of chert or obsidian if you look closely), but that site calls for a historical marker (either native American, or acknowledging the early settlement of the valley) 2) There is an area of untouched, virgin prairie, north of the Blue water tower. I have noticed all sorts of native grasses and forbs. What a great site for plant identification markers. I believe that it's city owned. Wonder if the MSU range science department would do the identification of 20 or 30 native species and have markers about their significance and characteristics? " it is such a great gathering spot for residents from near and far. Please continue the "dog-friendly" status! I think so much of it is lovely as it is now. I love how it doesn't feel overly manicured and I hope we can maintain that more natural feel. It's rugged enough not to feel groomed, but maintained enough to be widely functional. 572 The last year l used Burke Park less than previous decades because I felt unsafe among the many off leash dogs. History signage could be fun. But more with less is also nice. Off leash dogs cause pollution, scare wildlife, spread invasive plants, ruin the experience for other users. I would be a HUG supporter of making Peet's/Burke an on-leash only area and with penalties for owners who don't scoop poop. While lax rules may have worked in the past it is not longer tenable. Please don't let this wonderful area turn into a dog shit infested wasteland. It’s a cultural gathering space as much as a natural one, expanding the sculpture park would be nice. I loved the experience of the tepees and something akin to this in a permanent installation would be very cool. My major concern for the future of the trail is the "sprouting" of multiple bicycle tracks/trails that have killed vegetation. I trust GVLT to decide what the stability of the hill's slope allows, but I do hope some sort of safe impediments to random bicycle tracks can be implemented. More control of dogs, so maybe an off leash area would help. My greatest concern is keeping dog feces off of the trail. I for trust GVLT's insights! Pete's Hill has been a wonderful resource. Expand as much as possible. "GVLT has previously used the term 'natural fines' to describe trails surfaced with imported sand/silt/clay surfaces. In this survey the terms 'natural surface' and 'gravel' were used to describe trail surface types. This is confusing. We do not want to use 'gravel' on trails since it is a poor surface for walking or biking and commonly 0.75 to 1.5 inch sieved gravel not unlike ball bearings. An alternative undesirable gravel surface is comprised of 'road mix' which is typically 1 inch and small rocks and sand- sized particles. Road mix is far better than washed gravel. The preferred material (previously called natural fines) is the finest fraction, maybe smaller than one-eighth inch and dominated by sand but also containing silt and clay that bind the material together. It is my assumption that GVLT's records are filled with specifications for natural fine trails since most of the M2M is built with these materials. I can't tell what this survey is referring to. We don't want either gravel or trails without surfacing materials. Secondly, these trails should be constructed with drainage features including water bars. Maintenance is required." 573 A range finder of all the surrounding mountains and peaks would be a great addition. Glad to see it on the list. I want there to be signage for dog poop affecting our water and leaving bags of poo is illegal littering. Also there will be fines for off leash dogs outside of designated areas. And a phone number/ text to report incidents. I’ve been chased, bitten and knocked over by “friendly”off leash dogs. And the owners have laughed it off. Not a good thing after knee surgery. Also skiing/ riding in dog doo and having to look where you walk vs the views is ridiculous. It's the best off leash dog park ever. I hope that never changes. A note about my answers: I'm in support of everything but, assuming choices will have to be made, I've tried to indicate by my answers what the most important things to me are. The winter warming hut would be VERY important but I don't live there in the winter (yet). :) 574 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Resolution 5472 Adopting the Update to the Fair Market Value of Land for Cash-in-Lieu of Parkland Calculations MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5472 updating the fair market value of land per square foot for calculating cash-in-lieu of parkland dedication amounts. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: Section 38.420.030 of the Bozeman Municipal Code, (“Cash Donation in lieu of Land Dedication”) includes the following provisions: C. Cash donation in-lieu of land dedication must be equal to the fair market value of the amount of land that would have been dedicated. The fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given a municipal zoning designation. The city commission may adopt procedures to be used by the director of parks and recreation to determine the fair market value. The amount of the cash-in-lieu to be provided must equal the city's established fair market value per square foot times the amount of land required to be dedicated. The city must periodically update the market value as deemed necessary to reflect changes in the price of land. The valuation used for calculating the amount due will be the valuation in effect at the time an application for final plat or final plan approval is complete. 1. Alternative. A developer may provide an alternate market valuation which complies with the following: a. The developer must provide an appraisal of the fair market value by a certified real estate appraiser of their choosing and is responsible for the appraisal fee. b. When a land value must be established for cash-in-lieu of land dedication to satisfy the requirements of section 38.420.020, and the value of the land in an unsubdivided, unimproved, but annexed and zoned condition cannot be reasonable determined, the developer may provide an appraisal of 575 residentially zoned property with a zoning designation that allows the density of dwellings proposed for development. c. The appraisal provided for the purpose of section 38.420.030 must be conducted not sooner than 90 days prior to the submittal of an application for final plat or final site plan approval. The process for determining valuation includes the following steps: 1. Obtain proposal from appraiser to provide initial appraisal report on fair market value for residentially zoned, undeveloped land. 2. Set initial value for cash in lieu of parkland dedication per square foot based on appraiser’s report. 3. Update appraisal a minimum of once per year, or as market conditions change significantly. A report has been prepared by Bridger Appraisals, a local appraiser who has been providing appraisals for cash in lieu of parkland dedication valuation for development proposals for the past several years (Exhibit A). The report estimates the appraisal value of between $110,000 and $115,000 per acre ($2.53 and $2.64 per square foot) and recommends the new appraisal value be set at $2.60 per square foot for all residential zoning districts, based on the availability of appropriate comparisons that meet the requirements of state law and the Bozeman Municipal Code. Proposed Resolution 5472 will replace Resolution 5419 which was adopted June 7, 2022. UNRESOLVED ISSUES:None. ALTERNATIVES: Per Commission. FISCAL EFFECTS: The Parks Division pays for appraisal updates a minimum of once per year. Attachments: Exhibit A - Appraisal Report.pdf Resolution 5472 CILP Valuation Update.docx Report compiled on: January 12, 2023 576 AN APPRAISAL REPORT OF: Standard Property Valuation for the City of Bozeman’s Cash in Lieu of Parkland Dedication Process FILE NO.: C113022457 PREPARED FOR: Mr. Mitchell Overton City of Bozeman - Department of Parks and Recreation 415 North Bozeman Avenue Bozeman, MT 59715 PREPARED ON: November 30, 2022 EFFECTIVE DATE OF VALUATION: November 1, 2022 PREPARED BY: Keith O'Reilly, MAI, MT-400 Bridger Appraisals, Inc. P.O. Box 11145 Bozeman, MT 59719 Resolution 5472 Exhibit A 577 2 November 30, 2022 City of Bozeman - Department of Parks and Recreation 415 North Bozeman Avenue Bozeman, MT 59715 Re: Standard Property Valuation for the City of Bozeman's Cash in Lieu of Parkland Dedication Process Dear Mr. Mitchell Overton, Per your request, I have gathered information and completed the following report to establish a standard property valuation on a per square foot basis for all zoning districts within the City of Bozeman. The zoning districts are as follows: Residential Suburban District (R-S), Residential Low Density District (R-1), Residential Moderate Density District (R-2), Residential Medium Density District (R-3), Residential High Density District (R-4), Residential Mixed-Use High Density District (R-5), Residential Office District (R-O), Residential Manufactured Home Community District (RMH), Neighborhood Business District (B-1), Community Business District (B-2), Community Business District-Mixed (B-2M), Downtown Business District (B-3), Urban Mixed-Use District (UMU), Light Manufacturing District (M-1), Manufacturing and Industrial District (M-2), Business Park District (B-P), Northeast Historical Mixed-Use District (NEHMU), Neighborhood Conservation Overlay District (NC), and Residential Emphasis Mixed-Use District (REMU). This report is to be used for the City of Bozeman’s Cash in Lieu of Parkland dedication process. This appraisal is not of one subject property but is rather a compilation of sales of large tracts of land within the City as well as Gallatin County purchased for development purposes. Per city code and state law: Cash donation in-lieu of land dedication shall be equal to the fair market value of the amount of land that would have been dedicated. For the purpose of these regulations, the fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given an urban zoning designation. The city intends to obtain the highest value for cash-in-lieu of park land that is allowable under state law. 578 3 ASSUMPTIONS AND LIMITING CONDITIONS This appraisal report, the letter of transmittal, and certification are subject to the following assumptions and limiting conditions; and also, any special qualifying conditions that may be contained elsewhere in the report are incorporated by reference. Assumptions 1. That the legal description, as furnished, is correct; and that the title to the property is good and marketable. All existing liens and encumbrances, if any, have been disregarded. The property is appraised as though free and clear of other burdens, under responsible ownership and competent management. 2. That the land dimensions taken from available maps, plats, and/or surveys are correct. It has been assumed that those boundaries that are apparent are correct. 3. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 4. That no adverse water table or soil conditions exist, and no representation regarding such conditions is made in this report unless specifically stated; and, that the value estimated is predicated on the absence of any such conditions occurring. 5. Those opinions, estimates, data and statistics supplied by others in the course of this study, are correct; the assumption has been made that the sources are reliable, but no responsibility has been inferred for their accuracy. 6. This report does not contemplate any court action, nor does it obligate the appraiser to give any testimony or make any appearance in court, before commission, arbitrator or any other individual, body or agency. If court action or appearance later becomes necessary in the interest of the client, the terms of the additional service shall be negotiated at that time. 7. Unless otherwise stated in this report, the appraiser did not observe the existence of hazardous 579 4 material, which may or may not be present on the property. I have no knowledge of the existence of such materials on or in the property. I am not qualified to detect such substances. The presence of potentially hazardous materials may affect the value of the property. This extends to any leaks from underground fuel storage tanks, and identification of Asbestos containing materials. The value estimate is predicated on the assumption that there is no such material on or in the property. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. Any such environmental risk discovered at a later date may require a revised estimate of value that may or may not be simply a reduction of the value by the estimated cost to cure the environmental condition. Properties known to have environmental risk may also carry a stigma in the market place that may or may not affect the value. If future soil tests should reveal the existence of any such soil conditions or hazardous waste, I reserve the right to review and adjust this appraisal accordingly. Limiting Conditions: 1. The appraiser is not responsible for any matter legal in character, nor is any opinion rendered as to title, which is assumed to be marketable. 2. The value reflected in the analysis applies only to the program of utilization considered in this report. The use of the value in conjunction with any other appraisal or under other influences invalidates the conclusions developed. 3. This analysis and estimate of value is made for the exclusive use and benefit of the clients to whom it is addressed; and, possession of this report or a copy, does not carry with it the right of publication, nor may it be used for any purpose other than that intended without the previous consent of the appraisers. In any event, only the entire report may be used and no part shall be taken or used out of context. 4. Included as an integral part of this report are maps and photographs of the appraised property and sales. The maps and photographs were prepared and taken by the appraisers, and although they do not purport to represent survey accuracy, they are substantially correct and adequately serve as visual reference to the property. 5. Disclosure of the contents of this report is governed by the By-Laws and Regulations of the Appraisal 580 5 Institute. Neither all nor any part of the contents of this report (especially any conclusions of value, the identity of the appraisers or the firm with which they are connected) shall be disseminated to the public through advertising media, public relations, news media, sales media, or any other public means of communication without the prior written consent and approval of the authors. 6. The forecasts, projections, or operating estimates contained herein are based on current market conditions, anticipated short-term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes with future conditions. 581 6 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: Mitchell Overton, City of Bozeman - Department of Parks and Recreation Intended User: City of Bozeman - Department of Parks and Recreation Date of Valuation: November 1, 2022 Date of Preparation: November 30, 2022 Rights Appraised: Fee Simple Highest and Best Use: The highest and best use is not applicable to this appraisal report as the valuation is not of a subject property, but rather a compilation of sales to establish a standard property valuation. 582 7 SCOPE OF THE APPRAISAL The scope of work consists of the amount and type of information researched and analyzed in an assignment. In preparing the appraisal, I have considered pertinent characteristics of the comparable sales in comparison to current market standards. I have gathered information and completed the following report to establish a standard property valuation on a per square foot basis for all zoning districts within the City of Bozeman as previously listed. General and specific data was obtained through personal and telephone interviews with government officials, property managers, developers, and other market participants. I have not considered the highest and best use as it is not applicable to the standard property valuation on a per square foot basis for all zoning districts within the City of Bozeman. I have applied the sales comparison approach valuation method to determine a standard property valuation method on a per square foot basis. This is the only applicable approach to valuing vacant land. The results indicated by this method have been reviewed and reconciled based on the reliability, relevance and reasonableness of the data, and the purpose and intended user of the appraisal. This is an Appraisal Report as defined by Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2. This format provides a summary or description of the appraisal process, subject and market data and valuation analyses. The information contained in this report is specific to the needs of the client and for the intended use as stated in this report. 583 8 PURPOSE AND INTENDED USE AND USER OF THE APPRAISAL The purpose of this appraisal is to estimate a credible opinion of the Current Market Value on a per square foot basis of the Fee Simple Interest for the Residential Suburban District (R-S), Residential Low Density District (R-1), Residential Moderate Density District (R-2), Residential Medium Density District (R-3), Residential High Density District (R-4), Residential Mixed-Use High Density District (R-5), Residential Office District (R-O), Residential Manufactured Home Community District (RMH), Neighborhood Business District (B-1), Community Business District (B-2), Community Business District-Mixed (B-2M), Downtown Business District (B-3), Urban Mixed-Use District (UMU), Light Manufacturing District (M-1), Manufacturing and Industrial District (M-2), Business Park District (B-P), Northeast Historical Mixed-Use District (NEHMU), Neighborhood Conservation Overlay District (NC), and Residential Emphasis Mixed-Use District (REMU) within the City of Bozeman, in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and supplemented by the Appraisal Institute. The intended use of the appraisal is to assist the Client and Intended User, City of Bozeman - Department of Parks and Recreation, in establishing a standard property valuation for vacant land on a square foot basis to be used for the City of Bozeman’s Cash in Lieu of Parkland dedication process. There are no other intended users. DEFINITION OF MARKET VALUE Market value is defined as the most probable price, which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is consummation of a sale as of a specified date and passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and each acting in what they consider their own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 1 1[Source: Section 323.2 amended at 57 Fed. Reg. 9049, March 16, 1992; 59 Fed. Reg. 29501, June 7, 1994] 584 9 PROPERTY RIGHTS APPRAISED Property rights are ownership interests in real estate and have value. It is important to know what property right(s) or estate(s) are involved in the appraisal, because the estate identifies the rights being valued. The subject property rights being appraised is the Fee Simple Interest. Fee Simple: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat.2 Leased Fee: A freehold (ownership interest) where the possessory interest has been granted to another party by creation of a contractual landlord-tenant relationship (i.e. a lease). 3 VALUATION DATE The effective date of the appraisal is November 1, 2022. This is the date of valuation. The comparable sales reflected in this report are the most current identifiable sales as of the effective date. 2 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 78. 3 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 111. 585 10 MONTANA REGIONAL AND CITY MAPS Subject Area 586 11 REGIONAL, CITY, AND NEIGHBORHOOD ANALYSIS Bozeman, Montana is located in Gallatin County, in an area more commonly referred to as the Gallatin Valley. This report is for the Client and Intended User, the City of Bozeman – Department of Parks and Recreation. Information regarding the City of Bozeman has not been included as this information is provided from the City of Bozeman and the client and intended user has access to this information. 587 12 THE APPRAISAL PROCESS Typically, real estate can be valued by applying three approaches. All of these approaches to value, (particularly when the purpose of the appraisal is to establish market value) are market data approaches since the data inputs are presumably market derived. Cost Approach: One of the approaches to value commonly applied in Market Value estimates and many other valuation situations. A comparative approach to the value of property or another asset that considers, as a substitute for the purchase of a given property, the possibility of constructing another property that is an equivalent to the original or one that could furnish equal utility with no undue cost resulting from delay. The Valuer's estimate is based on the reproduction or replacement cost of the subject property or asset, less total (accrued) depreciation. The cost approach establishes the value of a real property by estimating the cost of acquiring land and building a new property with equal utility or adapting an old property to the same use with no undue cost due to delay. An estimate of entrepreneurial incentive or developer's profit/loss is commonly added to land and construction costs. For older properties, the cost approach develops an estimate of depreciation including items of physical deterioration and functional obsolescence.4 Sales Comparison Approach: A comparative approach to value that considers the sales of similar or substitute properties and related market data and establishes a value estimate by processes involving comparison. In general, a property being valued (a subject property) is compared with sales of similar properties that have been transacted in the open market. Listings and offerings may also be considered. A general way of estimating a value indication for personal property or an ownership interest in personal property, using one or more methods that compare the subject to similar properties or to ownership interests in similar properties. This approach to the valuation of personal property is dependent upon the Valuer's market knowledge and experience as well as recorded data on comparable items. 5 Income Approach: A comparative approach to value that considers income and expense data relating to the property being valued and estimates value through a capitalization process. Capitalization relates income (usually net income) and a defined value type by converting an income amount into a value estimate. This process may consider direct relationships (whereby an overall capitalization rate or all risks yield is applied to a single year's income), yield or discount rates (reflecting measures or return on investment) applied to a series of incomes over a projected period, or both. The income approach reflects the principles of substitution and anticipation. 6 5 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 250. 5 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 244. 7 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 256 588 13 Comparable Sales The following sales have been used to estimate a value on a per square footage basis. The compiled data represents the most recent known sales of speculative development land within the City of Bozeman and Gallatin County. 589 14 ID 1850 Sale Verification Source Broker Cory Vellinga Address SE Corner Gooch Hill Rd Price $4,000,000 City Bozeman Price per Acre $97,454.00 State MT Financing Cash to Seller Tax ID RGG10212 Property Rights Fee Simple County Gallatin Days on Market 0 Grantor Alan D. Fulton Recording Date 7/2/2021 Grantee Ryan Roller Book/Page or Reference 2739945 Legal Description Acres 41.05 Topography Level Land SF 1,787,920 Zoning Agricultural Suburban Road Frontage --Flood Zone None Dimensions Rectangular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access Durston Rd and Gooch Hill Rd Price Per Land SF $2.23 Land Comparable 1 Site There are two approximatle 20 acre parcels totaling 41.045 acres that sold for $4,000,000 cash. The property was not actively listed for sale. The property is at the SE corner of the intersection of Gooch Hill Rd and Durston Rd. The property is not annexed into the City of Bozeman, but is adjacent to the City Limits. This is a prime piece of speculative residential land. The land to the east is already developed residentially. Transaction Tracts 1 and 2 of COS No. 158 located in the NW1/4 of Section 9 Township 2 South, Range 5 East, P.M.M. Gallatin County, MT Sale Comments 590 15 ID 1777 Sale Verification Source Buyer Address TBD West Graf Street Price $7,743,260 City Bozeman Price per Acre $95,000.00 State MT Financing Cash to Seller Tax ID RGG8316 & RGG8318 Property Rights Fee Simple County Gallatin Days on Market None Grantor Diane L. Brawner Revocable Trust Recording Date 9/24/2021 Grantee Bozeman Haus Two LLC Book/Page or Reference Doc 2751910 Legal Description Acres 81.51 Topography Level Land SF 3,550,488 Zoning AS, Agricultural Road Frontage W. Graf St. & S. 27th Ave.Flood Zone None Dimensions Rectangular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access W. Graf St. & S. 27th Ave.Price Per Land SF $2.18 Land Comparable 2 Sale Comments Site This is a closed sale of two adjacent 40+/- acre parcels of vacant land in the southern part of Bozeman from a single seller to a single buyer. The eastern parcel is bordered to the north, west, and south by the Bozeman city limits and it is expected that the buyer will pursue annexation and connection to the City of Bozeman water and sewer system. The buyer reportedly plans to develop the sites with multifamily residential improvements. This is considered to be a very attractive speculative development site given its location in the southern part of Bozeman and its adjacency to the Bozeman city limits. This property was not openly marketed and the transaction was privately negotiated between the buyer and the seller. Tract 1 of Certificate of Survey No. 2074 and Tract A of Certificate of Survey No. 1861, tracts of land being the NW 1/4 SW 1/4 and the NE 1/4 SW 1/4, Section 23, Township 2 South, Range 5 East, Gallatin County, Montana. Transaction 591 16 ID 1749 Sale Verification Source Buyer Address NWC S. 19th Ave & Stucky Rd. Price $10,250,000 City Bozeman Price per Acre $105,249.11 State MT Financing Cash to Seller Tax ID RGG40140 Property Rights Fee Simple County Gallatin Days on Market None Grantor Steven R. Aaker Recording Date 12/14/2021 Grantee West University, LLC Book/Page or Reference 2761479 Legal Description Acres 97.39 Topography Level Land SF 4,242,221 Zoning AS, Agricultural Road Frontage Stucky Rd., S. 19th Ave., W. Kagy Blvd. Flood Zone None Dimensions Irregular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access Stucky Rd., S. 19th Ave., W. Kagy Blvd. Price Per Land SF $2.42 Land Comparable 3 This is a prime speculative development site located at the intersections of Stucky Road and South 19th Avenue and West Kagy Boulevard and South 19th Avenue. The site is adjacent to the Bozeman city limits making it a likely candidate for annexation into the City of Bozeman and connection to the City of Bozeman water and sewer system. The properties to the north, east, and south of the site have already been annexed into the City of Bozeman. The site will likely be developed into a mixed-use project incorporating commercial development that takes advantage of South 19th Avenue with residential development to the west. The property was not openly marketed. Site Sale Comments Lot 2 of Minor Subdivsion Number 191, located in the SE 1/4 of Section 14, T2S, R5E, P.M.M. Gallatin County, MT. Transaction 592 17 ID 1751 Sale Verification Source Buyer Address TBD Davis Lane Price $8,100,000 City Bozeman Price per Acre $70,009.00 State MT Financing Cash to Seller Tax ID --Property Rights Fee Simple County Gallatin Days on Market -- Grantor The Peter Family Trust Recording Date 6/4/2021 Grantee Virga Venture II LLC Book/Page or Reference 2736653 Legal Description Acres 115.70 Topography Level Land SF 5,039,892 Zoning Ag Road Frontage --Flood Zone None Dimensions Irregular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access Davis Lane/Frontage Rd Price Per Land SF $1.61 Sale Comments This is the sale of a speculative development site located in the northwest quadrant of Bozeman. The sale price is $70,009 per acre for non-annexed land adjacent to City services. The purchaser plans on developing the site with high density residential improvements. The purchaser is a very seasoned developer in the Bozeman market. Site Transaction Land Comparable 4 Lengthy Retained in File 593 18 ID 1371 Sale Verification Source Buy-Sell Agreement Address TBD South 19th Avenue Price $10,000,000 City Bozeman Price per Acre $83,600.00 State MT Financing Conventional Tax ID RGG9600 Property Rights Fee Simple County Gallatin Days on Market None Grantor Bozeman Ranch Land, LLC Recording Date 10/30/2019 Grantee Blackwood Land Fund. LC Book/Page or Reference Doc 2662993 Legal Description Acres 119.62 Topography Level Land SF 5,210,522 Zoning See Comments Road Frontage South 19th Avenue Flood Zone None Dimensions Rectangular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access South 19th Avenue Price Per Land SF $1.92 Land Comparable 5 Site Transaction This is the sale of a large tract of speculative development land that is located along the eastern side of South 19th Avenue in the southern part of Bozeman. The property is not yet annexed into the City of Bozeman but is bordered on three sides by properties that are annexed. The City of Bozeman is very likely to grant annexation for the property shortly following the sale. The property is currently zoned by the Gallatin County Planning Department as AS, Agricultural Suburban District but the buyer is attempting to achieve an REMU, Residential Emphasis Mixed-Use zoning designation for a majority of the site from the City of Bozeman when it is annexed. Lower density zoning designations will be utilized for areas bordering existing communities. The buyer intends to develop the property into a multi-phase, large-scale mixed-use residential and commercial development. The property is already bisected by a water main for the City of Bozeman water system but the City's preferred sewer main connection is approximately 1,300 feet north of the property at the intersection of South 19th Avenue and Graf Street. However, it is expected that early phases of the development can be connected to smaller sewer lines stubbed at the adjacent Alder Creek Subdivision. There are estimated to be approximately $1,181,000 in off-site improvement costs for the widening of South 19th Avenue and the development of a traffic control light at 19th Avenue and Blackwood Road. The property is located in a Qualified Opportunity Zone which provides for additional potential tax benefits. The property was not openly marketed and the transaction was privately negotiated between the buyer and the seller. Sale Comments The South 1/2 of the Southwest 1/4 of Section 24 and the North 1/2 of the North 1/2 of the Northwest 1/4 of Section 25 in Township 2 South, Range 5 East, Gallatin County, Montana. 594 19 ID 1230 Sale Verification Source Purchaser Address 5250 Baxter Lane Price $8,080,000 City Bozeman Price per Acre $50,374.00 State MT Financing Cash to Seller Tax ID RGG6855 Property Rights Fee Simple County Gallatin Days on Market None Grantor Fern Vesta Anderson Recording Date 6/7/2019 Grantee NWX, LLC Book/Page or Reference 2646897 Legal Description Acres 160.36 Topography Level Land SF 6,985,282 Zoning A-S, Agricultural Road Frontage Baxter Lane & Cottonwood Road Flood Zone None Dimensions Rectangular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access Baxter Lane & Cottonwood Road Price Per Land SF $1.16 This property sold on 06/07/2019 for $8,080,000 or $50,374per acre for 160.360 acres. The property went under contract in the early fall of 2018. The property is in the county, but adjacent to the City of Bozeman. The property is bordered to the east by the new Bozeman Sport Complex and to the south by Laurel Glen, a residential subdivsion. This property is also in very close proximity to the new Bozeman High School. The purchaser has applied for annexation into the City of Bozeman and will pursue a high-density REMU and B- 2M zoning designation for the site following annexation. According to the buyer's proforma, off-site improvement costs are estimated to be approximately $4,300,000 or $26,815 per acre. Therefore, the effective acquisition cost for the property inclusive of estimated off-site improvement costs is $12,380,000 or $77,375per acre. This property was not openly marketed and the transaction was privately negotiated between the buyer and the seller. Site Land Comparable 6 Transaction Sale Comments Tract 5 of COS 2552, NE 1/4 of Section 4, Township 2 South, Range 5 East, Gallatin County, Montana. 595 20 596 21 Address City State Date Price Land SF Land SF Unit Price Property Rights Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0% Financing Cash to Seller 0.0%Cash to Seller 0.0%Cash to Seller 0.0%Cash to Seller 0.0%Conventional 0.0%Cash to Seller 0.0% Conditions of Sale Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0% Expend. After Sale Market Trends Through 11/1/2022 10.0% Location % Adjustment $ Adjustment Acres % Adjustment $ Adjustment Topography % Adjustment $ Adjustment Shape % Adjustment $ Adjustment Utilities % Adjustment $ Adjustment Zoning % Adjustment $ Adjustment Net Adjustments Gross Adjustments $0.00 Ag 0% $0.00 $0.00 115.70 Good $0.00 $0.00 AS, Agricultural Suburban $0.00 0% See Comments $0.00 0% NorthWestern Energy0% $0.00 5,210,522.00 0% $0.00 0% Land Analysis Grid Comp 1 -- 9/24/202111/1/2022 7/2/2021 $7,743,260$4,000,000 $10,250,000 3,550,488.00 $2.18 6,985,282.00 6/7/201910/30/2019 $10,000,000 TBD South 19th Avenue Bozeman 13.6% 0% $2.56 0% $1.84 Good $1.60 0% 14.4% $1.92$1.61 38.3% $1.16 33.2% 41.05 0% Adjusted Land SF Unit Price $2.54 $0.00 Good 0% Level $0.00 $0.00 NorthWestern Energy NorthWestern Energy 0% 97.39 NorthWestern Energy $0.00 $0.00 0% 81.51 $0.00 0% $0.00$0.00 $0.00 Level $0.00 33.2% Good 119.62 $0.00 Irregular $0.00 Level 0% 0% $0.00 NorthWestern Energy 0% $0.00 0% Level $0.00 NorthWestern Energy $0.00 Rectangular 33.2% $1.92 $0.00 MTMT $8,080,000 $0.00 $1.16 0% $0.00 0% $0.00 Rectangular 0% 160.36 0% Level $0.00 0% $8,100,000 $0.00 $0.00 $1.61 5,039,892.00 Level 0% $2.63 0% 0% 11.1% $2.42 $2.18 Good $0.00 0% $0.00 0% $0.00 Rectangular 0% 0% 0% $0.00 Irregular MT 6/4/2021 Comp 3 Bozeman 5250 Baxter Lane Comp 4 Comp 5 Comp 6 MT Bozeman NWC S. 19th Ave & Stucky Rd. TBD Davis LaneSE Corner Gooch Hill Rd and Durston Rd TBD West Graf Street Bozeman Comp 2 MT 0% $0.00 Rectangular 0% Agricultural Suburban $0.00 0%0% AS, Agricultural Suburban $0.00 0% A-S, Agricultural Suburban 8.8% Good $2.42 Bozeman MT $2.42 4,242,221.00 Transaction Adjustments 1,787,920.00 Bozeman $2.24 12/14/2021 $0.00 Adjusted Land SF Unit Price $2.24 38.3% 38.3% Adjusted Land SF Unit Price $2.63 13.6% $2.54 $1.60$1.84 14.4% $2.42 8.8%11.1% 11.1%8.8% 14.4%13.6% $2.56 $0.00 $0.00 The provided sales give a good indication of the per square foot valuation for vacant land in the City of Bozeman. This valuation is for all zoning districts within the City of Bozeman. Sales 1 through 4 are the most current, while Sales 5 and 6 are older. However, all fit the criteria and definition for the Cash in Lieu program. Sale 1 is located adjacent to the city limits. This property was not annexed and has not applied for annexation yet, but likely will be annexed before being developed. Sales 2, 3, and 4 were not annexed at the time of sale, but all have since applied for and are in the process of annexation. Sale 5 was annexed in after purchase and Sale 6 had approval to be annexed into the City at the time of sale. Sales 5 and 6 are currently being developed with a mix of commercial and residential development. Sale 2 is expected to be primarily residential, and Sales 3 and 4 will likely be a mix of commercial and residential. Sale 6 is the largest available sale at 160 acres, with Sales 2, 3, 4, and 5 between 80 acres and 120 acres. Sale 1 is the smallest at approximately 41 acres. Typically, the larger the site, the lower the value per acre/square foot, and the smaller the site, the higher the value per acre/square foot; however, 597 22 the adjusted values from Sales 1, 2, 3, and 5 are all very consistent between $2.42 per square foot and $2.63 per square foot. Sales 1, 2, and 3 are recent sales. There have been very limited sales of larger sales of development sites located within the city limits in recent years, but four recent sales of development sites located adjacent or near the edge of the city limits were included. Three of these are in the annexation process. In addition, I have confirmed two confidential sales, one of a moderately sized development piece annexed into the City of Bozeman, and one of a larger development piece annexed into the City of Belgrade. While the Belgrade piece would obviously not be a candidate for cash in lieu through the City of Bozeman, it fits the cash in lieu criteria and has been given consideration as additional support to the overall reconciled value. The pending sale from Bozeman is annexed into the City and zoned R-1 and R-2. The site contains approximately 35 acres and the buyer confirmed the purchase price is approximately $115,000 per acre or $2.64 per square foot. The confidential sale from Belgrade was approximately 239 acres of annexed land with a commercial zoning. The buyer reported this sale sold for approximately $117,000 per acre or $2.69 per square foot. At the time of this purchase, this was the highest price paid on a per acre basis for a larger speculative development site located in or near Belgrade or Bozeman. Market conditions are currently changing due to a significant increase in interest rates. The market peaked in the early spring of 2022, and market conditions began to change in the summer to early fall of 2022. Currently, days on the market have been extended and there is much less competition to purchase speculative development land. There are simply not enough sales of this type of property to graph or show the increase and then likely decline in values. Based upon the preceding sales and analysis of current market conditions, I would estimate the per square foot value for vacant land in the Residential Suburban District (R-S), Residential Low Density District (R-1), Residential Moderate Density District (R-2), Residential Medium Density District (R-3), Residential High Density District (R-4), Residential Mixed-Use High Density District (R-5), Residential Office District (RO), Residential Manufactured Home Community District (RMH), Neighborhood Business District (B-1), Community Business District (B-2), Community Business District-Mixed (B-2M), Downtown Business District (B-3), Urban Mixed- Use District (UMU), Light Manufacturing District (M-1), Manufacturing and Industrial District (M-2), Business Park District (B-P), Northeast Historical Mixed-Use District (NEHMU), Neighborhood Conservation Overlay District (NC), and Residential Emphasis Mixed-Use District (REMU) within the City of Bozeman to be $2.60psf or between $110,000 and $115,000 per acre as of November 1, 2022. While there is a broad range of zoning districts, there is not enough data available to support a different reconciled land value for a low density zoning versus 598 23 a high density or commercial zoning. The overall reconciled value per square foot is supportable across all larger speculative development parcels. If I can be of further assistance, please do not hesitate to contact me. Sincerely, Keith O’Reilly, MAI General Certified Appraiser State of Montana #400 599 24 CERTIFICATION As a result of a request for an appraisal assignment of the property, identified as: Standard Property Valuation for the City of Bozeman's Cash in Lieu of Parkland Dedication Process I certify: To the best of my knowledge and belief the statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice and the requirements of the Code of Professional Ethics and Standard of the Professional Appraisal Practice of the Appraisal Institute. The use of this report is subject to the requirements of the Appraisal Institute relating to its duly authorized representatives. As of the date of this report, I, Keith O’Reilly, MAI, have completed the continuing education program of the Appraisal Institute. Heidi Switzer provided significant real property appraisal assistance to the person signing this certification, including market research and input as to the final reconciled value. Respectfully Submitted, Keith O’Reilly, MAI General Certified Appraiser #400 State of Montana 600 Bridger Appraisals Inc. © Keith O’Reilly, MAI ADDENDUM 601 Bridger Appraisals Inc. © Keith O’Reilly, MAI 602 Bridger Appraisals Inc. © Keith O’Reilly, MAI 603 Version April 2020 RESOLUTION NO. 5472 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS,Section 38.420.030 of the Bozeman Municipal Code, (“Cash Donation in lieu of Land Dedication”) states that the city commission may adopt procedures to be used by the director of parks and recreation to determine the fair market value for cash in lieu of parkland dedication donations; and WHEREAS,Section 38.420.030 of the Bozeman Municipal Code states that the city must periodically update the market value as deemed necessary to reflect changes in the price of land; and WHEREAS, an updated appraisal report has been obtained from a qualified, licensed appraiser to determine the fair market value of unsubdivided, unimproved land after it has been annexed and given a municipal zoning designation in accordance with Montana Code Annotated Section 76-3-621; and WHEREAS,the appraisal report indicates the fair market value of residential property for the purposes of cash donation in lieu of park land dedication is now $2.60 per square foot (Exhibit A); NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: that the fair market value of residential property for the purposes of cash donation in lieu of park land dedication is $2.30 per square foot, subject to changes in market conditions that warrant an updated appraisal. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of January, 2023. ___________________________________ CYNTHIA L. ANDRUS 604 Version April 2020 Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 605 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney SUBJECT:Resolution 5473 A Resolution Related to the Creation of the Gallatin Valley Urban Transportation District MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5473 STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND: The creation of the Gallatin Valley Urban Transportation District (URD) has been an on-going effort in our community. Recently, the Human Resources Development Council led an effort to gather sufficient signatures to have the Gallatin County Commission place the creation of the URD on the May 2, 2023 ballot. As proposed, the URD will include portions of unincorporated Gallatin County, the majority of the City of Bozeman, and the City of Belgrade. As part of the process to place the question of forming the District on the ballot, State law requires the Bozeman City Commission to agree as to whether the governing board is elected or appointed and also how many appointments will be allocated to each government that lies within the district. As drafted, Resolution 5473 agrees the governing board of the URD will be appointed and that each of the three local governments that have jurisdiction in the area covered by the URD will have three appointments for a total governing board of nine members. Adoption of Resolution 5473 is required before the County Commission holds a public hearing on January 31st on placing the creation of the URD on the May 3rd ballot. 606 Adoption of Resolution 5473 is required before the County Commission holds a public hearing on January 31st on placing the creation of the URD on the May 2, 2023 ballot. Upon approval, Resolution 5473 will be transmitted to the Gallatin County Elections Administrator. For more information on the UTD please visit https://streamlinebus.com/utd/ UNRESOLVED ISSUES:None identified. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None identified. Attachments: Resolution 5473 Urban Trans District Board by Appt 1 17 23 gs.docx Report compiled on: January 18, 2023 607 Version April 2020 RESOLUTION 5473 Page 1 of 3 RESOLUTION 5473 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, INFORMING THE GALLATIN COUNTY COMMISSION IT AGREES THAT UPON VOTER APPROVAL THE GALLATIN VALLEY URBAN TRANSPORTATION DISTRICT BOARD BE APPOINTED AS OPPOSED TO ELECTED AND THE COMPOSITION AND APPOINTMENTS TO THE URBAN TRANSPORTATION DISTRICT BOARD BE AS SET FORTH IN THIS RESOLUTION. WHEREAS, on December 8, 2022, a petition was received by the Gallatin County Election Administrator/Clerk & Recorder to create the Gallatin Valley Urban Transportation District (the “Proposed District”); and WHEREAS, the petition requests the Board of Gallatin County Commissioners (the “County Commission”) place the question of creating the Proposed District on the May 2, 2023 ballot; and WHEREAS, the Election Administrator certified that the petition contains the signatures of 20% of the qualified electors of the Proposed District; and WHEREAS, on January 17, 2023, the Election Administrator presented the Petition and certificate to the County Commission and after examining the Petition, the County Commission set January 31, 2023, as the date for the public hearing on creation of the Proposed District; and WHEREAS, if the creation of the Proposed District is approved at the school election held on Monday May 2, 2023, the District must be governed by a transportation board (“Transportation Board”); and WHEREAS, the boundaries of the Proposed District includes portions of unincorporated Gallatin County and the City of Belgrade and the majority of the City of Bozeman and therefore each jurisdiction’s respective governing bodies must agree as to whether the Transportation Board is elected or appointed and other related matters; and 608 Version April 2020 RESOLUTION 5473 Page 2 of 3 WHEREAS, the County Commission, Belgrade City Council, and the Bozeman City Commission must by resolution: (a) determine the number of Transportation Board members; (b) set the terms of office; (c) determine the makeup of the Transportation Board with respect to number of appointed members that will represent each county, city, or town; and (d) establish a procedure for filling vacancies, including a provision for public notice; and WHEREAS, the Transportation Board and the governing bodies of Gallatin County, the City of Bozeman, and the City of Belgrade may, at any time, adopt a resolution changing the method by which the members of the board are selected, including the number of appointments allotted to each jurisdiction, provided that such resolution contain a provision that the term of office of the current board members may not be shortened. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: 1. The Gallatin Valley Urban Transportation District must be governed by an appointed Transportation Board. 2. The Bozeman City Commission hereby agrees to the following: a. The Transportation Board shall consist of nine (9) members as follows: i. Two members will serve a term of two years; ii. Five members will serve a term of three years; and iii. Two members will serve a term of four years. b. Three (3) members of the Transportation Board will be appointed by the Gallatin County Commission, three (3) members will be appointed by the Belgrade City Council, and three (3) members will be appointed by the Bozeman City Commission. c. Vacancies on the Transportation Board will be filled by appointment by the governing body which made the appointment to the position being vacated. Members appointed to fill a vacancy will serve the remaining term of office being vacated. Appointments must be publicly noticed and made at a public meeting of the appointing governing body. d. The County Commission, Belgrade City Council, and the Bozeman City Commission, may, at any time, adopt a resolution changing the method by which the members of the Transportation Board are selected, including how many appointments each governing body are allotted, provided the resolution contain a provision the 609 Version April 2020 RESOLUTION 5473 Page 3 of 3 terms of office of the current members of the Transportation Board not be shortened. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 610 Memorandum REPORT TO:City Commission SUBJECT:State of the City Address MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Mayor Andrus will provide the State of the City 611 Memorandum REPORT TO:City Commission FROM:Mike Veselik, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Parking Supply and Demand Work Session 2 MEETING DATE:January 24, 2023 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:I move to direct the City Manager to continue to pursue policy changes recommended in the work session to actively manage downtown parking through an on-street paid parking model on a seasonal basis, to develop an employee parking program, and to use revenue generated from parking demand management to construct additional supply. STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. BACKGROUND:See attached memo. UNRESOLVED ISSUES:No Unresolved Issues ALTERNATIVES:Alternatives as proposed by the Commission, other alternatives are outlined in the report from the additional engagement with downtown business owners FISCAL EFFECTS:Fiscal Effects are budgeted for in the FY23 Capital Improvements Plan Attachments: City Commission Parking Supply and Demand Work Session 2- -012423.doc Bozeman Paid Parking Work Session Report 1.18.23.pdf Report compiled on: January 18, 2023 612 Page 1 of 13 MEMORANDUM REPORT TO:Bozeman City Commission FROM:Mike Veselik, Economic Development Program Manager RE:Parking Supply and Demand Management Work Session MEETING DATE:January 24, 2023 AGENDA ITEM: Work Session RECOMMENDATION: Provide direction to city staff on the future of parking supply and demand management in the downtown core, specifically concerning on-street paid parking and the construction of a second parking structure. BACKGROUND: On February 1, 2022, Staff presented a proposal to the City Commission relating to the management of parking in Downtown Bozeman. The proposal was a recommendation to pursue a policy of active curb management through paid parking. Staff recommended a seasonal paid parking model. The seasonal model created an on-street paid parking system from May 1-Spetember 30th of each year. The seasonal model rates are $1.75 per hour for on-street parking and $1.00 per hour in the garage. Staff recommended the seasonal model because it assessed charges on the system when demand was at its peak. The main factor driving the summer peak in parking demand is Montana’s robust tourism economy. The model also took into consideration the supply side of the parking equation. Using a seasonal, cost plus model, staff and our consultants concluded the City will raise enough revenue to contribute the remaining $9 million of a $16 million 400 space parking garage. Further, the City has options to finance additional supply including, but not limited to, an expansion of the Bridger Garage or a third parking garage with surplus on-street paid parking revenue. Well managed, on-street paid parking in downtown Bozeman provides staff, the Transportation Advisory Board, and the City Commission with a proven tool to manage a scare resource—parking supply in downtown. Pricing the on-street parking system is basic economics. We have an unbalanced supply and demand equation at the moment. As any business owner or economist would acknowledge, when a good or service is scarce, it is appropriate to raise the price on said good to lower demand and to create additional supply. Putting a price on parking creates an 613 Page 2 of 13 incentive to turnover the most valuable spaces for the primary use of customers and visitors and encourages employees and other long-term visitors to park in structures or surface lots, or take an alternative mode of transportation to access downtown while generating the revenue to cover debt service payments to construct new supply. CITY COMMISSION ACTION: After a healthy debate and public comment, the City Commission directed the City Manager to complete a few tasks and conduct some research before the Commission would make a decision on whether or not to pursue on-street, paid parking. Those tasks include: 1. Identify the revenue potential of a year round model 2. Secure Site Control for a Second Garage 3. Establish Parking Benefit Zones 4. Research grants to fund future supply 5. Additional Engagement with the Downtown Community on Paid Parking 6. Research an Employee Parking Program 7. Research Downtown-Midtown-Cannery Circulator—cost and operations Year-round parking revenue: Under the cost plus model, the parking system is projected to generate $2.47 million in revenue, minus an estimated $571,000 for operating costs every year. The City will have $1.9 million to spend on debt service for additional parking supply, bike and pedestrian infrastructure improvements, employee parking programs, and any other policy initiative with a rational nexus to parking. Staff is also exploring a year-round and a seasonal option for on-street paid parking which would retain the two hours free in the garage. Site Control for a Second Garage: After much discussion, the City Manager reached an agreement in principle with the Gallatin County Commission to utilize the existing parking lot behind the Gallatin County Courthouse as a site for a second downtown parking structure. On September 20, 2022, the City Commission approved a Memorandum of Understanding (MOU)regarding the use of the parking lot as a site for a second parking garage owned and operated by the City. On October 4, 2022, Gallatin County also unanimously adopted the MOU. In exchange for the land, the City would reserve up to 75 parking spaces for Gallatin County’s use. Additionally, the City would provide free parking validation codes for citizens conducting business at the Gallatin County Courthouse. Parking Benefit Zones:At the previous work session, Deputy Mayor Cunningham raised concerns about the “balloon” nature of a parking system. If City put new parking regulations on the downtown core, then individuals could end up parking in 614 Page 3 of 13 the neighborhoods around the core. Thus, the Commission tasked staff with deciding when and how to activate the Parking Benefit Zone program established by the City Commission via Ordinance 2033 in 2020. In order to establish the program parameters, staff brought Resolution 2022-03 to the Transportation Advisory Board. The Resolution established a standard procedure for the creation of a Parking Benefit Zone surrounding the downtown core and created additional methods for residents to request the zone be activated. Staff is prepared to initiate a Parking Benefit Zone should the data show a need for additional parking regulations in these adjacent neighborhoods. Residents, via a petition, or the Commission may also request that the City Manager create a Parking Benefit Zone. Special Improvement Districts, Grants or Other Funding Mechanisms: Several business owners and other members of the community have suggested staff pursue a Special Improvement District (SID) for the construction of a second downtown parking structure. Staff is not recommending an SID for several reasons. First, an SID is a one-time, one-project funding source. Further, it does not provide a revenue stream to support operations and maintenance of a garage. Without a revenue source, future generations will have to bear the burden of supporting an unfunded garage when maintenance becomes necessary. As a result of its singular focus as a funding source for a specific project, SIDs are not able to deliver additional public benefits such as reducing single-occupancy vehicle trips and new revenue from tourists and visitors for multi-modal projects provided by on-street paid parking. Similarly, grants are also a one-time funding source for a structure. Second, an SID is a new tax on downtown businesses that raises taxes on businesses and property owners that already pay a higher tax rate than other properties due to their high land value. Rent is a major cost driver for the small businesses that make downtown vibrant. The cost of a new tax, like an SID, would likely be passed along to tenants and increase costs, regardless of customer volume. This could lead to businesses only further increasing costs on consumers. Staff is not recommending imposing a new tax on businesses in the downtown core, since we believe it would be more detrimental to businesses than paid on-street parking. An SID is a tax businesses pay regardless of how their customers reach downtown, or whether those customers are able to find free or cheaper parking off-street. An SID causes businesses to pay for off-street parking, even if their customers do not use that parking; it asks businesses to subsidize and encourage driving, instead of asking 615 Page 4 of 13 drivers to pay the actual cost of driving. With paid on street parking, customers have the option to choose between price, availability, and convenience in where they park, or choose alternative transportation. Third, in our community engagement sessions in the March and April 2022, participants were split on whether or not to pursue a SID for the downtown community. However, the nine business owners chosen for the additional engagement all agreed on an SID. Staff does have a concern that the business owners were using a simple calculation for their new tax burden when the reality is far from that. Under State Law, City Staff must develop a complex formula taking into account the following factors to determine how much each property owner would pay: 1. Zoning requirements for parking; 2. Distance from a parking garage; 3. The size of the parcel assessed; 4. The size of any improvements (buildings) on the parcel; 5. The amount of on-site parking on each parcel; and 6. Assessed Land value This leads to an archaic, set in stone formula determining whether or not we could build a new parking structure. Whereas, under an on-street paid parking system, higher demand—indicating the need for additional supply—will generate the revenue required for a new parking structure. Further, landowners that have reached innovative solutions to solve their parking problem or have chosen to use the city’s parking garage to meet their parking needs would be penalized for those decisions. On-street paid parking in the downtown core provides staff, the Transportation Advisory Board, and the City Commission with a tool to efficiently fund and manage our parking supply and system without placing a new tax on businesses and properties, an SID does not. On-street paid parking provides the City an avenue to encourage other forms of transportation than single-occupancy vehicle trips, an SID does not. On-street paid parking provides revenue to fund infrastructure supporting alternative modes of transportation, an SID does not. 616 Page 5 of 13 On-street paid parking revenue can subsidize transportation programs for employees working downtown, an SID does not. Finally, the creation of an SID could unnecessarily delay the construction of a new downtown parking structure adding uncertainty and costs. If pursued, staff will determine the boundaries of any new district and create an assessment formula on the downtown business owners while complying with all required public noticing and protest periods. Delays in securing financing for the garage will delay construction. Given the current pace of inflation, rising construction costs, and labor scarcity, delays could yield significant cost increases. Delays in construction also diminish the bonding capacity of the Downtown Urban Renewal District.1 Reduced bonding capacity for the Urban Renewal District only increases the current funding gap for the construction of a second downtown parking. Whereas, staff has received interest from more than one financial institution about purchasing revenue bonds in a creative fashion based solely on the on-street paid parking revenue pro forma and the current projections of the Downtown Urban Renewal District’s tax increment financing. This would allow construction of a new downtown parking structure to begin as soon as possible. If given the green light by the City Commission, staff remains confident a garage could open by the end of 2025 as promised during the February work session. The other financing option discussed repeatedly during the February Work Session was securing grants from the state or federal governments. Staff met with our grant consultants and staff from our United States Senate offices to determine if any grants are applicable and available. Neither the consultants nor Senate staff could identify a grant program which is typically used to fund parking structures. In fact, many grant programs are moving away from funding parking infrastructure. Rather, more grants appear available for programs to incentivize alternative modes of transportation. The Bridger Park Garage was funded in part through a $4 million grant from the Federal Transit Administration secured through an earmark by Senator Max Baucus. The United States Congress has resumed a program for congressionally directed spending, commonly known as earmarks. No member of the Montana Congressional delegation has chosen to submit funding requests under the newly established 1 Currently, the Downtown Urban Renewal Plan prohibits the District from issuing new bonds against the remaining Tax Increment. In order to issue new bonds, the City Commission would need to amend via ordinance the Urban Renewal Plan to eliminate this provision. Additionally, the current bond holder would have to agree to the issuance of new debt and remove a no new bonds provision. 617 Page 6 of 13 earmark program. Montana was one of only three states to not receive any funding under this program. Downtown Engagement:In the winter 2021, staff engaged with downtown business owners, employees, and residents regarding parking issues in the downtown core. A key conclusion from the engagement was that staff should pursue policies based on data and keep the community informed of key decisions. For this reason, staff brought a recommendation of downtown, on-street paid parking to efficiently manage increasing demand and create new supply to the City Commission based on occupancy data collected in August 2021. During the February 2022 Work Session, the Commission requested an additional round of public engagement with the downtown community. Staff hosted five additional engagement sessions—two virtual and three in-person. More than 70 individuals representing various segments of the downtown community including residents, employees, and property and business owners participated. Full summaries of the engagement sessions can be found on our Engage BZN webpage. The sessions consisted of a 20-25 minute presentation substantially similar to the one shared with the City Commission on February 1, 2022. Participants asked clarifying questions regarding facts in the presentation. Then, facilitators from the City led the group through a conversation on the following three questions: 1. What benefits and unintended consequences do you see in creating an on- street paid parking environment in downtown Bozeman? 2. What are suggestions for steps to address those unintended consequences? 3. What is the most important issue to address with an employee permit program? (i.e. cost? availability?) Participant opinions ranged from staunchly opposed to the idea to enthusiastic supporters of on-street paid parking. Staff was very pleased with the mix of participants including business owners, residents, employees, university students, and transportation and parking professionals. The discussions led to staff placing a task order on the April 5, 2022 City Commission consent agenda to have the parking consultants research other employee permit parking programs across the country. The summary was shared with all participants in the community engagement and we received no substantive feedback on the summary. Employee Parking:The City Commission raised concerns during the February 2022 Work Session about how an on-street paid parking environment may impact employees, especially those in the service industry. Additionally, across all five 618 Page 7 of 13 community engagement session, participants consistently raised concerns about how on-street paid parking will impact downtown employees. In light of feedback from the community engagement sessions, staff directed the city’s parking consultant to further research employee parking options. They conducted a survey with more than 600 responses and constructed 15 options for an employee parking program. At the end of July 2022, the City held two focus groups with about 20 participants to identify which options generated the most interest from downtown property owners, business owners, and employees. Participants had a difficult time settling on the best policies without certainty about the future of on-street paid parking in downtown Bozeman. Thus, staff decided to pause discussions on employee parking until the Commission determines whether or not to pursue on-street paid parking in downtown Bozeman. A key reason for the pause is uncertainty around the Commission using on-street paid parking revenues to subsidize parking and other transportation modalities for downtown employees. A summary of the focus groups and proposed ideas and survey results are available on Engage BZN. Downtown-Midtown-Cannery Circulator:A popular idea for expansion of transit to serve Downtown is to create a circulator called the Downtown-Midtown-Cannery circulator. The Commission directed the City Manager to have staff research the costs of the circulator and how long it would take to create a circulator program. Streamline staff informed City staff that a circulator route would cost $368,000- $400,000 annually and that routes have already been created for a circulator. For context, the estimate of a bond payment for a parking structure is $642,536 with parking in a better location with no increasing costs of operated a new transit line. Additionally, without paid on-street parking revenue, there is no revenue for the City to fund a circulator. If pursued in earnest, the City will need to enter into a final agreement with the Gallatin County for using part of the Gallatin County Fairgrounds for additional parking. Any agreement would likely involve significant capital investment for the parking lot to support the anticipated increase in use. During the January sessions, downtown business owners voiced strong opposition to the creation of a circulator route. Additional Downtown Engagement: At the October 4, 2022 Commission Meeting, Deputy Mayor Cunningham announced a plan for additional engagement with downtown stakeholders to voice their opinions on paid parking and develop a potential proposal for parking downtown to create additional supply and help solve 619 Page 8 of 13 the employee program. Over two days, the group engaged in a healthy debate about the future of parking downtown. They came to the conclusion that now is not the time for on-street paid parking downtown and suggested the creation of a Special Improvement District to fund the financing gap for the construction of the second parking garage downtown. Their full report is included in the packet material for the work session. Staff will discuss the recommendations from the group in detail during the presentation at the January 24th City Commission meeting. STAFF RECOMMENDATION: Since the February 2022 work session, staff has undertaken a great amount of effort to consider and discuss the effects on-street paid parking as a curb management tool will have on downtown business owners, downtown employees, visitors to downtown, and residents in the neighborhoods surrounding downtown. Staff remains in conversation with representatives of the neighborhood associations and members of the downtown community on these issues. For several reasons, staff remains steadfast in the conclusion that on-street paid parking is necessary for effective management of downtown parking and remains aligned with broad strategic goals of the Commission. First, in December 2020, the City Commission voted 5-0 (recorded comments and vote on page 11) to approve the City’s Climate Plan. Climate Plan Goal 4.J.7 clearly states, “An abundance of free parking encourages and enables the decision to drive versus walking, biking, carpooling, or using transit.” Not accurately pricing parking undermines all the other efforts the City is taking to reduce greenhouse gas emissions and leave a livable planet for future residents of the City of Bozeman. Second, we have researched extensively what effects paid parking has had on the business health of downtowns. The Victoria Transportation and Parking Institute states the following about the economic impacts of paid parking on businesses and commercial districts: Businesses, particularly retailers, often object to parking pricing out of fear that it will discourage customers. However, experience indicates that customers will pay for parking in areas with attractive businesses and pedestrian environments (Kolozsvari and Shoup 2003). Many of the most successful commercial districts have priced parking, and many commercial centers with abundant unpriced parking are economically unsuccessful. 620 Page 9 of 13 Figure 3 illustrates a positive relationship between parking prices and regional economic productivity. This does not mean that increasing parking prices will always increase economic productivity; they both tend to increase with more compact, urban development. However, efficient parking management, including pricing, help create commercial environments that maximize economic productivity: affordable, compact, multi-modal commercial centers. Critics often claim that parking pricing spoils local economic activity by discouraging customers, but it actually provides both economic benefits and costs. It increases turnover which makes finding a parking space easier, reduces the number of parking spaces required at a location which provides financial savings, and can reduce traffic problems such as congestion. By insuring that a parking space is always available, which facilitates freight deliveries, business trips and errands. The additional revenues can finance improvements such as new street furniture, more cleaning and security, and marketing, or reduced taxes and rents. Negative impacts (reduced customers) are generally local, involving shifts in the location of business activity within a region, but do not reduce total regional economic activity. The introduction of priced parking to a commercial area often appears harmful because negative impacts (loss of existing customers) tend to be concentrated and visible, while economic benefits (new customers attracted by more convenient parking, additional future development, or tax reductions) tend to be dispersed and long-term. A shop owner is more likely to hear older customers say, “I’ll quit visiting your store to avoid parking 621 Page 10 of 13 fees” than to hear new customers say, “I’ll start visiting your store because a parking space is easier to find.”2 Additionally, a case study of Old Pasadena, California’s implementation of on-street paid parking shows how paid parking in Old Pasadena, California contributed to significant reinvestment in downtown Old Pasadena. Further, sales tax revenue increased significantly in Old Pasadena after the implementation of paid parking in 1993 in comparison to Plaza Pasadena, a shopping mall with free parking. In fact, in 2001, the Plaza Pasadena mall was demolished to make way for a development similar to Old Pasadena. Further, staff conducted a relatively exhaustive search of communities that have implemented paid parking, but then decided to remove it. The only example staff found in the last 15-20 years where on-street paid parking was reversed and meters removed is in San Pedro in 2009 in the midst of the Great Recession.However, more meters were installed in other parts of San Pedro. In some places, like Santa Fe, New Mexico, the installation of meters that accept debit and credit cards caused revenue to go up and citations issued to go down. Thus, customers and employees had greater certainty and were not guessing whether or not enforcement would cite them for a fine. The final benefit of on-street paid parking for curb management is that the strategy provides staff with an additional tool to manage the demand side of the supply/demand equation while providing revenue to generate supply and improve other modes of transportation. Time and again, cities have used pricing in their downtown on-street paid parking systems to encourage people to choose other modes of transportation. When walking or biking is free, but parking has a monetary value, neighbors and residents may opt to walk or bike, thus reducing single occupancy vehicle trips—the number one contributor to greenhouse gas emissions. Less vehicle trips downtown equals less need for parking in the downtown core which will allow for a more efficient development pattern on our most valuable real estate in the City. A more efficient development pattern could lead to more walkable neighborhoods and more regular public transit, thus even further reducing the single-occupancy vehicle travel. A reduction in single-occupancy vehicle travels leads to reduced greenhouse gas emissions which can helps slow the worst impacts of climate change. 2 https://www.vtpi.org/parkpricing.pdf 622 Page 11 of 13 Actively managing parking is a truly virtuous cycle which will allow the Citizen Advisory Boards, City Commission, and staff to achieve the goals established in plans such as the City of Bozeman Strategic Plan (Goal 2.2, Page 3; Goal 4.2 Approach C, page 6; Goal 7.5, page 11)Community Plan (Goal DCD-3.6, page 34), Downtown Bozeman Improvement Plan (Goal 3, pages 44-51) Downtown Strategic Parking Management Plan (Strategy 20, page 32; Strategy 21, page 34; Strategy 24, Page 41), and the Climate Plan (Focus Area 4, Action 4.J.7). AN ALTERNATIVE SOLUTION: Up to this point, staff has recommended following the Cost Recovery Plus model for Downtown Bozeman. The Cost Recovery Plus Model is $1.75/hour for on-street parking and $1.00/hour for all surface lots and garages. Staff recommended a seasonal approach during the City Commission meeting in February. At that time, Commissioners expressed an interest in an annual model which is included above. Based on our community engagement efforts and conversations with the Downtown Bozeman Partnership, staff is proposing a third option as well. Staff also recommends the City Commission consider providing two or four hours of free parking the Bridger Park Garage and in any second parking structure. Our parking consultant modified the model to include these free hours. Below is a table showing revenue generated with two or four free hours on a seasonal or annual basis. As one can clearly see, two or four free hours in the garage still generates sufficient revenue to cover the operations of an on-street paid parking environment in downtown Bozeman. Further, the free time in the garage will achieve the goal of directing locals and employees to park in the garage. Thus, spaces are freed up on Main Street and other streets for those less familiar with downtown Bozeman. Staff 623 Page 12 of 13 supports this recommendation as a way to continue to attract locals to downtown to eat, shop, work, and play. ENGAGEMENT WITH THE COMMUNITY: Staff has organized an unprecedented amount of engagement and discussion of this topic with people from all backgrounds and perspectives in our community. Staff has formally made a presentation on on-street paid parking at six publicly noticed meetings (one City Commission Meeting, two Transportation Advisory Board Meetings, one Sustainability Advisory Board meeting, one Downtown Urban Renewal District Meeting, and one Downtown Business Improvement District Meeting). Additionally, staff conducted community engagement sessions in winter of 2021 with five meetings to discuss goals and values for the parking program where on- street paid parking was discussed. In March and April 2022, staff held five additional community engagement sessions soliciting input from downtown and other community members about on-street paid parking with more than 70 participants. In May 2022, staff and consultants created and administered a survey for employees of the downtown to gather information about their parking habits in downtown. The survey received more than 600 responses. In July 2022, staff held two focus groups to vet employee parking program ideas with about a dozen participants. In January 2023, staff organized and participated in three additional engagement sessions for downtown business owners to discuss on-street paid parking. Staff has met individually with more than a dozen business owners and residents to discuss on-street paid parking. Further, staff has engaged with members of the media including NBC Montana, KZBK, and Bozeman Daily Chronicle to ensure the public was well informed of upcoming meetings discussing on-street paid parking. This is in addition to reviewing public comments received both for and against on- street paid parking and the many phone calls staff has had with stakeholders. TRANSPORTATION ADVISORY BOARD RECOMMENDATION: After receiving the same materials City Commission is receiving, hearing a substantially similar 624 Page 13 of 13 presentation, and receiving public comment from six members of the public, the Transportation Advisory Board unanimously recommended the City Commission direct staff to adopt paid parking as a supply and demand management strategy. SUSTATINABILITY ADVISORY BOARD RECOMMENDATION: After receiving the same materials City Commission is receiving, hearing a substantially similar presentation, and allowing for public comment, the Sustainability Advisory Board unanimously recommended the City Commission direct staff to adopt paid parking as a supply and demand management strategy to help meet the Climate Plan Goals. CONCLUSION: Bozeman is a unique community with a thriving downtown supported by tourists and locals alike. Staff’s proposal for a seasonal on-street paid parking model allows revenue capture from tourists and those who choose to access downtown when demand is highest and parking supply is scarcest. Staff, the Transportation Advisory Board, and the City Commission can use on-street paid parking revenue to create more infrastructure and services that benefit community members. The only limit on said infrastructure and services is the creativity of staff, the Transportation Advisory Board, and the City Commission. Lots of issues facing the downtown meet the rational nexus standard with parking required to receive surplus revenue—employee parking, additional parking supply, sidewalk and street light improvements, bicycle infrastructure, electric vehicle charging. Therefore, there are opportunities to use the newly captured revenue from individuals choosing to pay for parking. On-street paid parking is a key policy evolution for Bozeman to continue to transition from a large town to a small city. While it is impossible to predict every outcome of this change, staff is confident that the benefits of a more sustainable community, more active transportation management practices, and additional revenue generated by the systems users will better support downtown employees and improve the city’s transportation infrastructure without increasing the tax burden on the downtown business community. 625 1 | P a g e Bozeman Paid Parking Work Session Final Report to the City Commission January 10, 11, 17, 2023 MEMBERS OF THE COMMITTEE: Babs Noelle- Owner Alara Jewelry; Joe Romano- Owner Urban Kitchen/Nina’s; Cory Lawrence- Kimpton Armory Hotel; Vonda Laird-J&V Restaurant Supply; Aaron Parker- Jam/Revelry/Daves; Albert Macdonald- Backcountry Burger; Susan Neubauer- Fresco Café; Sam Rickenbaugh- Great Rocky Mountain Toy Co; Amy Kirkland- Altitude Gallery OTHER PARTICIPANTS: Mark Willmarth, Facilitator - Vision West Inc; Ellie Staley - Downtown Bozeman Partnership, Emily Cope- Downtown Bozeman Partnership; Mike Veselik- City of Bozeman OVERVIEW OF THE PURPOSE/PROCESS The members of this committee were selected to represent the Business/Property owners in the downtown area to discuss and answer the questions posed by the Bozeman City Commission related to on-street paid parking. The meeting was facilitated by Mark Willmarth of Vision West Inc in Great Falls. This report was written by Mr. Willmarth and presented to the committee member for their approval and agreement to the content. All members of the committee were engaged in the discussion and this report is submitted as a unified group. Mike Veselik and Ellie Staley were valuable resources to the committee and provided input and information when requested or where appropriate. They were not “voting” members of the committee or included in the discussion or decision making by the committee. As business and or property owners in Downtown Bozeman and members of the Downtown Paid Parking Committee they believe in the unique look and feel of Downtown Bozeman. This has been created intentionally over many years and is what makes the downtown so appealing to both Bozeman locals and out of town visitors. They want to maintain the special place that it is. While they collectively are not opposed to on-street paid parking at the right time, they believe now is not the right time at it is only one method to manage the parking challenges downtown. Their hope is that the city commission considers taking a step back for at least another year to explore some of the ideas that they discussed. On-street paid parking adds one more obstacle to business owners in attracting and retaining employees. Most of the participants believe their employees are the most important stakeholder in the parking issue. If they can’t keep entry level employees because of the added cost of parking downtown, they can’t serve their customers. Each committee member had different challenges around employee parking but most agree they are an important component in the parking issue. 626 2 | P a g e They believe the primary problem we are all trying to solve is parking supply. How do we increase parking supply in Downtown Bozeman to take the pressure off of a heavily used parking system in the downtown area? They recognize that parking in Downtown Bozeman is a complex challenge with no one solution that will satisfy all the stakeholders or solve all the problems. The one proposed solution right now is an on-street paid parking program and even that solution has many layers of complexity in implementation. They appreciate the work that has gone in to exploring and analyzing the impact of on-street paid parking in Downtown Bozeman. They also recognize that there is no solution that will be ideal for all of those impacted by parking downtown and that they, as business and property owners, have a unique and deep connection to the outcomes of solving parking downtown. They have all agreed that the following beliefs inform and drive their decisions around the next steps in addressing parking in Downtown Bozeman. We believe … • Our downtown businesses are a community. • Taking care of our employees first allows us to provide the best service to our community. • Our local residents must see the downtown as a place to do business on a regular basis. • Downtown Bozeman needs to remain a community-focused Montana experience. • Downtown Bozeman is not solely a tourist-focused community, nor do we aspire to be. • It is because Downtown Bozeman looks and feels local that it is attractive to tourists. • It is not what we offer, it is how we make people feel that makes the downtown a special place to shop, eat and be entertained. • Our employees are directly impacted by downtown parking and cost of living in our community. • We succeed as a downtown when visitors and local residents share space together. • Downtown Bozeman requires on-going stewardship because its success is not assumptive. PROPOSAL TO THE CITY COMMISSION With unanimous consent of all members of the committee we believe the best option is for the City Commission to vote to NOT pursue implementing an on-street paid parking program immediately. We believe there may be a time when an on-street paid parking program in Downtown Bozeman may be a useful and appropriate solution, but not right now. 627 3 | P a g e We would like to be given an opportunity to participate in a deeper dialogue about alternatives to on-street paid parking that are viable options to address the demonstrated problem of parking supply. These alternatives are (for more detail on these alternatives reference question #2): • Special Improvement District • Public/Private Partnerships Both of the above, individually, would provide a complete solution to the current cost of parking supply. • Additional alternatives that provide material offsets to the cost of parking supply. o Net revenues from stabilized garage operations. o Changes to the UDC increasing developer participation in parking supply. o Net proceeds from increased enforcement activities. We realized through the discussions that this is a very complex problem with no easy solutions. We wish to be clear we do not expect Bozeman taxpayers to absorb the cost of the solutions to this complex challenge. As representatives of B-3 property and business owners we expect and are willing to bear the financial burden of paying for parking supply improvements. We are committed to actively participating in exploring and implementing other solutions. 628 4 | P a g e RESPONSE TO THE QUESTIONS FROM THE CITY COMMISSION The committee was tasked with responding to the eight questions below. The discussions and proposed solutions were drawn from the entirety of the responses to the questions. 1. Under what conditions should a paid parking program be tested or implemented in Downtown Bozeman? When it is needed based on the following criteria: i. Failure of the following alternatives to solve the problem of needed parking supply; 1. SID to pay for a new parking garage. We need to research this option completely. 2. More actively explore Public/Private partnerships. 3. Unlocking currently unused private parking as a part of an employee parking program. 4. Maximization of existing parking garage cash flow. 5. Striping to maximize the parking spots on the streets. Subsidize signage in private lots for use in the evening. Formalize “shared- use” options. 6. Increased enforcement of existing parking infrastructure. 7. Greater coordination between Planning and Parking at the city. ii. Confirmed, accurate, and on-going measurement of the 85% rule that shows the need for more parking supply. iii. An employee parking program that establishes demonstrated need for a parking demand management system. 1. Discussion with private lot owners to encourage use of their lots for employees during off times. 2. Discussion with those who have private lots. WHY it this important? We need to find solutions to employee parking that does not take up spaces on Main Street. We need to find spaces for employees to go so they are taken care of. They are willing to walk further if they have a dedicated space. We want to solve for the parking supply problem while acknowledging the complexity and risk of on-street paid parking as the solution. We agree that proceeding with the building of a second garage needs to be done in a timely manner. There is a methodical way to approach parking versus going immediately to on-street paid parking. If we cannot meet the needs through other efforts, we will need to go to on-street paid parking downtown. We need to intentionally try other options first. The threat of potentially losing 10% of our business is not worth going to on-street paid parking. With the increase in our cost of goods and labor and the decrease in labor supply we cannot afford the potential loss of business. (See Appendix B) 629 5 | P a g e 2. If paid parking is not implemented in 2023 – What is a solution that creates 250-400 additional public or employee parking spaces within the next 2-3 years in the downtown area? How do we pay for additional parking spaces? a. Use an SID to build a new parking garage. Property owners are interested in “paying” for parking as a downtown resource for their customers and employees. Solution – gain 400 parking spaces. b. Explore Public/Private partnerships. Pursue known private investment companies to develop and manage a new parking garage. Solution – gain 400 spaces. c. Formalize a shared use program between private entities. There are opportunities to gain additional parking spaces, especially after 5:00 and we are willing to be part of the process. Solution – gain 100-200 spaces of the roughly 1800 private spaces available. i. The URD or DBP is willing to conduct an inventory of the private spaces in the downtown area. d. The city needs to address the lack of adequate parking being approved for new apartments/housing development in the downtown area. This puts additional strain on an already over used parking system. Solution – subsidy of annual bond payments of $100,000-200,000 per year. e. Stabilized cash flow from the new parking garage. Solution – subsidy of annual bond payments of approximately $300,000 per year. f. Stabilize cash flow from parking enforcement in the downtown. Solution – subsidy of annual bond payment of $75,000. WHY is this important? We recognize that parking supply will rest more on the business/property owners and are willing to bear the cost of an SID. We also acknowledge that an SID will be a challenging process and are committed to doing the work to make it happen. We would be willing to talk with other business/property owners about paying for an SID versus an on-street paid parking program. We believe this will create less risk of losing business and/or businesses in the downtown. 3. What solution(s) do you have to provide affordable parking opportunities for downtown employees? a. Partner with private parking lots. Possibly provide funding for signage, striping and snow removal. We, as business/property owners are willing to talk with owners of the private lots to encourage them to partner with us. b. Conduct an assessment of the current private AND public parking “stock” and what additional parking may be available or underutilized. Look for ways to increase the available parking, beyond a new garage, to increase by another 25% of available spaces. WHY is this Important? We would be creating 400+ additional spaces in the new garage plus additional spots from a more efficient use of spots in the system. We would aim for 630 6 | P a g e a goal of adding 25% more available spaces from an efficient maximization of current parking spaces. It is not possible to answer the question of how many unless we have an opportunity to explore and inventory what additional parking is available. We are willing to commit to finding the solutions to the questions about number of spaces, how it’s paid for, and who bears the cost. 4. If the current staff recommendation was implemented, how do you recommend the resulting revenue be allocated? a. 100% to downtown transportation related needs and managed by a stakeholder board similar to the URD. i. Immediately begin setting aside funds for a third parking garage. ii. Develop a subsidization for employee parking. iii. Marketing and education. WHY is this important? We recognize the sunsetting of the URD in 9 year and need to replace it. The URD has played an important role in funding infrastructure needs in the downtown. 5. If the current staff recommendation was implemented, how do you recommend the parking fee be structured? a. Seasonally (June 15-September 15, enforcement 10am-6pm – 7 days a week, well-marked and advertised/signed, local educational promotion). b. Paid parking on the street with the first 15 minutes free on Main Street. Customers need to register at the Kiosk but are not charged for the first 15 minutes. c. Paid year round in the garages (first 2 hours free) and surface lots (first hour free) with required registration. d. Price on-street higher to encourage people to use the parking garages and street lots - $1.75 per hour on the street (with first 15 minutes free), $1.50 per hour in the surface lots (with the first hour free), $1.00 per hour in the garages (with the first two hours free) with required registration. WHY is this important? – It would create more efficiency of parking enforcement and the demands on downtown parking are clearly seasonal. 6. If the current staff recommendation was implemented, how do you recommend employee parking be accommodated? See answers to questions 2 & 3. 7. If the Downtown/Midtown/Cannery/Fairgrounds loop was implemented with free parking at the fairgrounds how could employee parking participation be incentivized? a. We don’t believe this is a viable option at this time. If Bozeman got significantly larger in the future this might be something to consider. Also, employees likely wouldn’t drive further away from the downtown to catch a bus to work in the 631 7 | P a g e downtown. It would require a bus line that ran most of the day and night to accommodate work schedules. b. We have extreme safety concerns about this option without a significant investment in infrastructure. 8. What would be a scenario to test the paid parking concept in Downtown Bozeman to get additional data on customer acceptance. a. It is a huge risk to test on-street paid parking in any particular area. The downtown area is not that large, and we would not want to negatively impact a certain area of the downtown by investing in an on-street paid parking test site. The test is finding incremental ways to increase parking and if we aren’t successful then implementing on-street paid parking becomes the solution. SUMMARY On-street paid parking is a fresh concept for a lot of people outside the city organization. While it has been talked about for a long time, a more serious discussion about implementing on-street paid parking has been studied and proposed in the last year. We, like the city commission and staff, also believe there is a parking problem downtown and it is in our best interest to look for alternative solutions. We are not trying to delay the move to on-street paid parking, we just want to have an opportunity to improve the efficient use of what we have existing, find a funding source to build more parking capacity with a new garage, and a more incremental move towards larger solutions. Our goal is to solve the parking supply issue without going to on-street paid parking. There may come a time when on-street paid parking is the right solution, we just don’t believe that is now. Our customers have alternatives for shopping, dining and staying in Bozeman that may appear to be more convenient and easier. We can’t afford to lose the possible 10% of customers (as stated in the assumptions outlined in the Downtown Paid On-Street Parking Revenue Pro Forma) who would choose to shop, dine or be entertained elsewhere if we had on-street paid parking. We believe that downtown business and property owners feel that parking is a resource for their customers and employees. We are interested in exploring solutions to subsidize the cost of parking. We are vested in and passionate about Downtown Bozeman and would never do anything to negatively impact that. We hope the Bozeman City Commission hears our concerns and willingness to be involved in solutions and provide more time to explore other avenues to parking in Downtown Bozeman. 632 APPENDIX "B" 633 APPENDIX "B" Net Profit as a Percentage of Sales 2019 2020 2021 2022 2023 (NO OPTION)2023 (WITH PKING) Art Galleries 8.9%9.9%10.9%8.9%5.5% Auto Parts Stores Bakeries 6.9%7.7%6.6% Bars 5.8%5.5% Candy Stores 8.5%6.8%6.5% Coffee Shops 6.2%7.1% Cosmecs 6.8%7.3%6.4% Full-Service Restaurants Gi/Souvenir Stores 6.3%6.2%7.8%5.8% Grocery Stores Hardware Stores 7.2%5.2% Hobby & Toy Stores 10.9%8.9%5.5% Jewelry Stores 5.6% Limited-Service Restaurants 6.3% Meat Shops 6.0% Men's Clothing Stores Muscial Instrument Stores Opcal Stores 5.7%5.5% Pet Supply Stores 5.5% Shoe Stores Sporng Goods Stores 7.5%5.5% Thri/Used Stores 5.2%5.7%6.4% Tires Stores Women's Clothing Stores 2022 2023 (pred)2023 w/park 12 9 3 = 5% or lower net margin | considered "low" 7 13 21 = negave net margin 3.3% 3.0%3.3%4.6%2.6% 0.0% 4.5%1.1% 3.1%0.5% 4.4%1.0% 4.4%4.5% 2.4%0.2% 1.0%0.0%1.0% 4.1%4.3%1.8% 4.1%2.8%3.3% 4.1%4.5%3.6%0.2% 4.0%4.8% 2.4%3.9% 0.3%0.8%0.9% 4.6%3.6%1.8% 4.7%3.5%0.1% 1.0%4.3%3.5%0.1% 2.8%4.7% 2.3%3.5%2.1% 4.4%1.0% 3.5%2.5%4.5%2.5% 1.4%2.1%2.8%0.8% -0.8%-3.0% -8.0%-15.3% -10.7%-18.7%-26.0% -1.1% -7.5%-14.8% -1.2% -7.4%-15.4%-22.7% -7.1%-14.4% -0.4% -2.0% -0.3%-8.3%-15.6% -0.6%-8.6%-15.9% -1.1%-4.5%-6.7% -0.2%-3.6%-5.8% -2.1% -2.1% -4.7%-8.1%-10.3% -0.1% -1.2% -0.9%-3.1% -2.6%-4.8% -4.1% -0.8% -3.5% -2.7% 634