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HomeMy WebLinkAbout01-10-23 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.Public Service Announcements D.1 The Community Development Board and the Economic Vitality Board are both currently accepting applications until January 20. The application can be found at www.bozeman.net/boards. E.FYI F.Commission Disclosures G.Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, January 10, 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: 2552 435 1123 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.1 Accounts Payable Claims Review and Approval (Armstrong) G.2 2131 Graf Street Minor Subdivision Preliminary Plat.(montana) G.3 Recommend Rejecting All Bids for the 2023 LFG and Leachate/Condensate System Improvements Project and Rebidding the Project at a Later Date(Flammond) G.4 Authorize the City Manager to Sign a Notice of Award with Blanton Contracting, LLC for the Aspen Street Pedestrian Bridge(Fine) G.5 Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with L&S Properties, LLC for the Oak & Cottonwood Master Site Plan (20433)(Schultz) G.6 Authorize the City Manager to sign a Utility Easement with MJN Properties, LLC for the Nahorniak Commons Phase 1 Site Plan (22307)(Paz-Solis) G.7 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication and a Utility Easement with NWX Apartments, LLC for the Icon at NWX Master Site Plan (21433)(Paz-Solis) G.8 Authorize the City Manager to Sign a Memorandum of Understanding with American Jobs for American's Youth Montana(DiTommaso) G.9 Authorize the City Manager to Sign an Agreement Involving Water Pressure at Nelson Meadows(Ross) G.10 Authorize the Honorable J. Colleen Herrington to Sign a Hosted Software Service Agreement with Public Health Management Corporation(Boundy) G.11 Authorize the City Manager to Enter into Equipment Lease-Purchase Agreement with Caterpillar Financial Services for Two Road Graders and Approve Governmental Entity Resolution Authorizing Lease(Van Delinder) G.12 Authorize the City Manager to Sign a Professional Services Agreement with VertiGIS for GIS Consulting Services(Jorgenson) G.13 Authorize the City Manager to Sign a Professional Services Agreement with CitiFi to Provide Micromobility Policy Services(Ross) G.14 Authorize the City Manager to Sign a Professional Services Agreement between the City of Bozeman and the Downtown Bozeman Partnership for the Administration of the Downtown Urban Renewal District for Fiscal Year 2023(Staley) G.15 Authorize the City Manager to Sign a Professional Services Agreement with Stahly Engineering and Associates for Story Mill Community Park East Parking Lot(Jadin) G.16 Authorize City Manager to Sign Second Amendment to Professional Services Agreement with Cushing Terrell for Engineering and Architectural Services for Swim Center Renovation.(Ziegler) 2 G.17 Resolution 5436 A Resolution of the City Commission of the City of Bozeman, Montana, Adopting the Story Mill Community Park Master Plan(Jadin) G.18 Resolution 5454 Intent to Create a Special Improvement Lighting District 776 for Eastlake Professional Center(Hodnett) G.19 Resolution 5456 Intent to Create a Special Improvement Lighting District 777 for Billings Clinic Bozeman Campus(Hodnett) G.20 Ordinance 2065, Final Adoption of Ordinance 2065 Generally Revising the Purchase and Disposition of Municipal Property(Saverud) 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.Action Items I.1 The East Main Zone Map Amendment Requesting Amendment of the City Zoning Map for an Existing Lot Consisting of Approximately 1.5 Acres and the Accompanying Adjacent Right-of- way from B-2 (Community Business District) to B-2M (Community Business District-Mixed) for the Property Addressed at 1200 East Main Street, Application 22184(Rogers) I.2 The West Kagy Zone Map Amendment Requesting Amendment of the City Zoning Map for Two Existing Lots Consisting of Approximately 2.899 Acres and the Accompanying Adjacent Right-of way from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density) Property is Located on the Northeast Corner of South 19th and West Kagy Boulevard, Application 22249.(Rogers) I.3 Resolution 5443 Adoption of Bozeman's 2022 Economic Vitality Strategy (Fontenot) J.Work Session J.1 Bozeman Community Center(Henderson) K.Other Agency Hearing K.1 Public Hearing for the Timber Ridge Low Income Housing Tax Credit (LIHTC) Project Applying for Real Property Tax Exemption from Montana Board of Housing(Munfrada) L.Appointments L.1 Appointment to the Transportation Board(Maas) 3 L.2 Appointment to the Downtown Business Improvement District Board (Maas) L.3 Appointments to the Downtown Urban Renewal District Board (Maas) M.FYI / Discussion N.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 SUBJECT:The Community Development Board and the Economic Vitality Board are both currently accepting applications until January 20. The application can be found at www.bozeman.net/boards. MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Announce Advisory Board openings. 5 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 10, 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. *Please provide approval for checks dated 12/22/22 thru 1/11/23, as there were no commission meetings on 12/27 and 1/3. 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: December 15, 2022 6 7 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner, Development Review Division Brian Krueger, Manager, Development Review Division Anna Bentley, Director, Community Development Department SUBJECT:2131 Graf Street Minor Subdivision Preliminary Plat. MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the 2131 Graf Street Minor Subdivision Preliminary Plat with the recommended condition of approval and code provisions. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: This is a minor subdivision of a 25.99 acre parcel to create 5 lots in 2 Blocks. One lot would be dedicated to the City as a 2.1 acre portion of a new public Lantern Park. The other 4 lots would be developed in two phases with a total of 457 rental apartment dwelling units. The subdivision Site has an approved Master Site Plan for the 457 dwelling units and has an approved Phase I Site Plan for development of 198 of those apartment dwelling units. The Phase I apartment building development is under construction. UNRESOLVED ISSUES:None ALTERNATIVES:None suggested 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: 22188 Graf St PP CC Memo.pdf 22188 Graf PP CC Staff Report.pdf 22188 Graf St Preliminary Plat.pdf 8 Report compiled on: December 30, 2022 9 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Susana Montana, Senior Planner, Community Development Department SUBJECT: 2131 Graf Street Minor Subdivision Preliminary 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. MEETING DATE: January 10, 2023 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the Preliminary Plat for the 2131 Graf Street Minor Subdivision. SUGGESTED MOTION: “Having reviewed and considered application materials, public comment, and all the information presented, I hereby accept the staff report and findings for application 22188 and recommend approval of the 2131 Graf Street Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions.” BACKGROUND: This is a minor subdivision of a 25.99 acre parcel to create 5 lots in 2 Blocks. One lot would be dedicated to the City as a 2.1 acre public park. The other 4 lots would be developed in two phases with a total of 457 rental apartment dwelling units. The subdivision Site has an approved Master Site Plan for the 457 dwelling units and has an approved Phase I Site Plan for development of 198 apartment units. The Phase I apartment building development is under construction. 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: December 20, 2022 10 Page 1 of 27 City Commission Staff Report for the 2131 Graf Street Minor Subdivision Preliminary Plat; Application No. 22188. Public Meeting Date: The City Commission meeting will be held Tuesday, January 10, 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 would include pavilions, a dog park, a playground area as well as an exercise trail, and equipment. In addition, 0.62 acres of a narrow 30-foot wide public park easement is 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 development of 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 11 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 2 of 27 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. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 22188 and move 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: December 30, 2022 Staff Contact: Susana Montana, Senior Planner Suzanne Ryan, Project Engineer Agenda Item Type: Action (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. 12 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 3 of 27 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. 13 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 4 of 27 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 38.220.060 Documentation of compliance with adopted standards ................................. 14 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 25 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 27 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 27 FISCAL EFFECTS ....................................................................................................................... 27 ATTACHMENT LIST.................................................................................................................. 27 14 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 5 of 27 SECTION 1 – MAP SERIES Figure 1 – Zoning Site 15 Page 6 of 27 Figure 2 – Proposed Five-Lot Preliminary Plat 16 Page 7 of 27 Figure 3 – Two-Phase Approved Master Site Plan 17 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 8 of 27 Figure 4: Approved Phase I East Site Plan (northeast portion of subdivision) 18 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 9 of 27 Figure 5: Approved Phase I West Site Plan (southeast portion of subdivision) 19 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 10 of 27 Figure 6: Overall Lantern Park Plan—Applicant to build the southern portion; Nexus Point developer to build the northern portion. 20 Page 11 of 27 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 Sections 38.240.130.a and 38.270.090.C. Maintenance Easements. 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. 21 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 12 of 27 5. BMC Section 38.220.070.A.6.i. Agricultural Water Facilities. As East Catron Creek conveys irrigation water, the provisions of BMC 38.410.060.D, Easements for 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.1 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. City Commission meeting will be held Tuesday, January 10, 2023 at 6:00 pm. Members of the public may attend the meeting via WebEx. A WebEx link would be provided with the City Commission agenda. 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: 22 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 13 of 27 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act 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. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act 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. 3) 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 76-3-609 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 had been received on this application as of the December 29, 2022 writing of this report. Due to unforeseen circumstances, the staff report for the December 20, 2022 City Commission consideration of this Preliminary Plat did not make the deadline for the December 20th Commission 23 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 14 of 27 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. 4) 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. 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. 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 would connect 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. 24 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 15 of 27 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 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. 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. Stormwater. 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. 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 25 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 16 of 27 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. 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. Based on the subsurface conditions encountered, the site falls under seismic Site Class D. Standard City Building Code requirements apply. 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. 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 26 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 17 of 27 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. 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. 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. 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. 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 will be 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 significantly over current traffic volumes. Even with significant growth, in combination with full development of the Nexus Point & Graf Street Apartments development, all of the key intersections will operate at or above LOS “C” and no mitigating measures 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. 27 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 18 of 27 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. 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. Utilities. The Utilities were submitted, reviewed and approved for the 2131 Graf Site Plan application. Educational Facilities. A waiver is requested for Educational Facilities Supplement information. The project received Site Plan approval. 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. 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. 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. 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. Miscellaneous. A waiver is requested for Miscellaneous Supplemental information. The necessary information was submitted and reviewed with the 2131 Graf Site Plan application. 28 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 19 of 27 Affordable Housing. The proposed 457 apartment dwelling units are proposed to be market-rate rental units. Easements. 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. Public Lands. Apart from the 2.62 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. 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. 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. 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. 29 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 20 of 27 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. 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.” 30 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 21 of 27 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. 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] 31 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 22 of 27 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 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. 32 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 23 of 27 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. 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. 33 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 24 of 27 • 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. 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) 34 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 25 of 27 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 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. 35 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 26 of 27 Development of the property would be phased: Phase 1 = the north side consisting of 3 lots, Phase 2 = 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 2.6 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. 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 2 Phase development of 457 apartment dwelling units, a clubhouse, a maintenance building, parking, common open space, landscaping and a City 36 22188; 2131 Graf Minor Subdivision Preliminary Plat Staff Report Page 27 of 27 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 10, 2023 Commission meeting was initiated on December 23, 2022 which is 18 days prior to Commission final action on the application. As of the date of this report, December 30, 2022, 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. ATTACHMENT LIST 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. 37 38 39 40 41 Memorandum REPORT TO:City Commission FROM:Cody Flammond, Engineer II Lance Lehigh, Interim City Engineer SUBJECT:Recommend Rejecting All Bids for the 2023 LFG and Leachate/Condensate System Improvements Project and Rebidding the Project at a Later Date MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Recommend Rejecting All Bids for the 2023 LFG and Leachate/Condensate System Improvements 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: installation of three landfill gas (LFG) wells, providing and installing buried piping for transmission of LFG to the existing gas handling system, providing and installing buried piping for transmission of leachate/condensate, a removal of an existing underground storage tank. The purpose of this work is to collect and handle additional LFG at the landfill and reduce the operating costs associated with pumping the existing underground storage tank. Bids for the above-referenced project were opened on November 30th with 1 bid being submitted. The bid was submitted by SCS Field Services/SCS Engineers in the amount of $473,030 for the base bid which was 136% over the engineer’s estimate. In the opinion of City staff, this bid is not commensurate with the scope of the project and is not a responsible use of City funds. Therefore, City Staff recommends rejecting this bid and re- advertising the project later this winter. UNRESOLVED ISSUES:None ALTERNATIVES:Authorize the City Manager to sign the Notice of Award to SCS Field Services/SCS Engineers for the Total Base Bid in the amount of $473,030. FISCAL EFFECTS:None Attachments: Bid Sheet DocuSign Bid Sheet-2023 LFG 42 Notice of Award Report compiled on: December 15, 2022 43 2023 LFG and Leachate/Condensate System Improvements (#8335966) Owner: Bozeman MT, City of Solicitor: Tetra Tech Inc. - Helena 11/30/2022 04:00 PM MST Engineer Estimate SCS Field Services/SCS Engineers Section TitlLine Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension LFG Drilling $43,750.00 $107,225.00 1 1 Drill Rig Mobilization/Demobilization LS 1 $10,000.00 $10,000.00 $10,700.00 $10,700.00 2 2 LFG Well Vertical Drilling and Completion VF 225 $150.00 $33,750.00 $429.00 $96,525.00 Field Construction $156,440.00 $365,805.0033Piping Crew Mobilization/Demobilization LS 1 $15,000.00 $15,000.00 $36,500.00 $36,500.00 4 4 8" SCR 17 HDPE LFG Pipe and Fittings Ln Ft 880 $60.00 $52,800.00 $106.00 $93,280.00 5 5 Corrugated 12" HDPE Sleeve Ln Ft 20 $100.00 $2,000.00 $272.00 $5,440.00 6 7 Waste Excavation and Disposal ton 2 $750.00 $1,500.00 $2,975.00 $5,950.00 7 7 Type 2 Bedding Ln Ft 50 $50.00 $2,500.00 $175.00 $8,750.00 8 8 2" SDR 17 HDPE Drainpipe Ln Ft 60 $50.00 $3,000.00 $240.00 $14,400.00 9 9 8" SDR 17 Leachate/Condensate Drainpipe Ln Ft 744 $60.00 $44,640.00 $110.00 $81,840.00 10 10 48" Diameter Manholes Ea 2 $10,000.00 $20,000.00 $26,315.00 $52,630.00 11 11 UST Removal and Disposal LS 1 $15,000.00 $15,000.00 $67,015.00 $67,015.00 Base Bid Total:$200,190.00 $473,030.00 44 NAME & ADDRESS Contractor License #Bid Price SCS Field Services 11280 Roger Bacon Dr Ste 300 Reston, VA 20190 Yes Yes $ 473,030.00 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 - 2023 LFG and Leachate/Condensate System Improvements NON- DISCRIMINATION BID BOND DocuSign Envelope ID: 6A23A696-7178-45CF-BAD0-1354B76A204D 45 NOTICE OF AWARD Dated: __________________________ TO: SCS Field Services/SCS Engineers ADDRESS: 3900 Kilroy Airport Way Ste 100, Long Beach, California 90806-6816 PROJECT: 2023 LFG and Leachate/Condensate System Improvements CONTRACT FOR: Landfill Gas Drilling and Field Construction You are notified that your Bid dated November 30th, 2022, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for installing three landfill gas wells, providing and installing buried piping for transmission of landfill gas to the existing gas handling system, providing and installing buried pipeline for transmission of leachate/condensate, and removal of an existing underground storage tank. The Contract Price of your Contract is: four hundred seventy three thousand thirty and 00/100 Dollars ($473,030). Three copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by _______ . 1. You must deliver to the OWNER 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 (page 6), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC-5.02). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04). 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 one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK) DATE: _______________________________ 46 47 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 Notice of Award with Blanton Contracting, LLC for the Aspen Street Pedestrian Bridge MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a notice of award 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. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:The costs for this project is $322,257 and will be paid for out of the North 48 East Urban Renewal District Budget. Attachments: Notice of Award Aspen Street Ped Bridge V2.pdf Report compiled on: December 23, 2022 49 NOTICE OF AWARD Date of Issuance: 12/1/2022 Owner: City of Bozeman Owner’s Project No.: Engineer: KLJ Engineering Engineer’s Project No.: 2004-01034 Project: Aspen Street Pedestrian Bridge Contract Name: Aspen Street Pedestrian Bridge Bidder: Blanton Contracting LLC Bidder’s Address: PO Box 1015, Belgrade, MT 59714 You are notified that Owner has accepted your Bid dated October 24th,2022 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: Aspen Street Pedestrian Bridge The Contract Price of the awarded Contract is $ 322,257. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost-plus-fee basis, as applicable. Five unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. ☐ Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner Five Fully Executed counterparts of the Agreement, signed by Bidder (as Contractor). 2. Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. 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. Owner: By (signature): Name (printed): Title: Copy: Engineer 50 EJCDC® C-510, Notice of Award. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 51 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 with L&S Properties, LLC for the Oak & Cottonwood Master Site Plan (20433) MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with L&S Properties, LLC for the Oak & Cottonwood Master Site Plan (20433). 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: December 9, 2022 52 53 54 55 56 57 58 Memorandum REPORT TO:City Commission FROM:Alicia Paz-Solis, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Utility Easement with MJN Properties, LLC for the Nahorniak Commons Phase 1 Site Plan (22307) MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Utility Easement with MJN Properties, LLC for the Nahorniak Commons Phase 1 Site Plan (22307). 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: December 9, 2022 59 60 61 62 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 Conditional Irrevocable Offer of Dedication and a Utility Easement with NWX Apartments, LLC for the Icon at NWX Master Site Plan (21433) MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication and a Utility Easement with NWX Apartments, LLC for the Icon at NWX Master Site Plan (21433). 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 Utility Easement Report compiled on: December 12, 2022 63 64 65 66 67 68 69 70 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding with American Jobs for American's Youth Montana MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign a memorandum of understanding with American Jobs for American's Youth Montana STRATEGIC PLAN:2.3 Workforce Development: Support education and workforce development initiatives to improve the skills of our citizens. BACKGROUND:Career exploration provides students with the opportunity to apply what they like and learn in the classroom to a career and postsecondary education. Gallatin Valley has a number of industries that support high-wage jobs. By exposing students via paid internships and mentorships to some of the available opportunities in Gallatin Valley, we can support the local workforce, reduce barriers of entry to some careers, and provide a way for local students to stay in Bozeman even as the cost of living continues to rise. The Summer Jobs Program (SJP), a program from American Jobs for America's Youth, matches participants with a paid work experience, provides a paid foundational work skills training, and connects students with an adult mentor for the summer. SJP participants are high school students and recent graduates eager to develop their work skills and explore their career options. Through the program, students gain skills, experience, and professional networks that prepare them for success in future endeavors. The work skills students learn and practice serve them well both in and out of the workforce. At the same time, the program grows the workforce pipeline and strengthens the local economy by connecting motivated youth to local employers. The City of Bozeman along with American Jobs for American Youth would facilitate the program with the Bozeman School District, Gallatin College, and Southwest Montana Manufacturers Partnership to launch a pilot of Summer Jobs Program in Bozeman during the Summer of 2023. UNRESOLVED ISSUES:None. 71 ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:There is minimal fiscal effects required to host 3 events throughout the summer for businesses, mentors, and students which will be paid out of the Economic Development Department. Attachments: 230104 AJAY-MT MOU Final.pdf Report compiled on: December 23, 2022 72 MOU AJAY MT & City of Bozeman – SJP 2023, page 1 Memorandum of Understanding between American Jobs for America’s Youth Montana and City of Bozeman This memorandum of understanding (MOU) outlines the terms and understanding between American Jobs for America’s Youth Montana (“AJAY MT”), with a business address of P.O. Box 923, Helena MT 59624, and the City of Bozeman (“City”), with a business address of 121 N. Rouse Ave., Bozeman, MT 59715, collectively referred to as “Parties”, in order to implement the Summer Jobs Program in the Bozeman area in 2023. WHEREAS, the City and AJAY MT wish to establish a working relationship for the purpose of fostering economic development within Bozeman; and WHEREAS, the City and AJAY MT mutually value fostering life and work skills for youth by collaborating with schools, community partners, and local businesses; and WHEREAS, the City and AJAY MT mutually recognize that young Montanans deserve to have access to meaningful work and professional support; and WHEREAS, the City and AJAY MT mutually understand that secure employment is linked to housing stability and mental health; and WHEREAS, this collaboration supports Bozeman Strategic Plan 1.0, An Engaged Community, 2.3 Workforce Development, and 5.3, Partnerships for Education and Learning. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Purpose and Scope The Summer Jobs Program (SJP) is a project created by AJAY MT and implemented in five regions in partnership with over 16 organizations. AJAY MT has successfully implemented SJP in Helena for four years. In 2022, AJAY MT expanded its programming to other Montana communities. As part of its expansion, AJAY MT now seeks to provide SJP in Bozeman. The City focuses on improving employment prospects of Bozeman youth and supporting a thriving business community in Bozeman. The local relationships fostered by City and other community representatives on the local SJP committee will be essential for running an effective program in the region, while AJAY MT brings program experience to the partnership. Through this partnership, Bozeman youth and employers can participate in and benefit from SJP. The program will help area high school youth build work skills, gain job experience, and learn about career options. At the same time, SJP will connect youth with employers, engage local adults as mentors, and grow the local workforce. 73 MOU AJAY MT & City of Bozeman – SJP 2023, page 2 The City, with the support of AJAY MT, will strive to serve at least five (5) area youth through SJP, matching them with local mentors and employers. The program effectiveness will be evaluated via mid-summer and end-of-summer evaluations completed by participating students, mentors, and employers. 2. Parties’ Roles and Tasks. A draft timeline for administration and implementation of the program is on page 7. A. The City will: ● Convene the SJP planning committee; ● Organize and facilitate weekly or biweekly SJP committee meetings January through May; ● Provide AJAY MT with partner logos and community-specific information for website; ● Aim to recruit a minimum of five (5) students, job placements, and mentors; ● Coordinate and administer student interviews; ● Help AJAY MT coordinate work skills training for students; ● Provide funding for student stipends upon students completing work skills training; ● Assist AJAY MT in matching Bozeman's students, employers, and mentors; ● Support AJAY MT in facilitating the mentor orientation; ● Host 2 casual events for students, mentors, employers, and community supporters: a summer kick-off and an end-of-program celebration; ● Address issues that arise among students, mentors, or employers during program; ● Support the distribution of mid-summer and end-of-summer evaluations; and ● Print and distribute end-of-summer certificates for Bozeman employers, mentors, and students. B. AJAY MT will: ● Provide guidance and all necessary program materials for SJP implementation; ● Attend the Bozeman SJP committee meetings remotely; ● Create and collect student, employer, and mentor applications; ● Share all application and evaluation responses with the SJP committee; ● Complete and verify the criminal background check of all youth applicants and employer- participants; ● Support student, employer, and mentor matching processes; ● Conduct and pay for mentor background checks; ● Provide student work skills training in conjunction with Gallatin College; ● Provide employer orientation and/or direction and support for local delivery of orientation; ● Provide remote mentor orientation and/or direction and support for local delivery of mentor training; ● Create and collect student, employer, and mentor evaluations; ● Provide end-of-summer certificates; ● Maintain SJP website with most up-to-date information from Bozeman; ● Facilitate program debrief with Bozeman SJP committee; and ● Maintain SJP website with most up-to-date information from Bozeman. 74 MOU AJAY MT & City of Bozeman – SJP 2023, page 3 C. AJAY MT and the City are mutually responsible for: ● Communicating with one another at least biweekly to evaluate the process and progress toward outcomes; ● Building and maintaining positive community relations; and ● Providing and/or collecting feedback to increase quality of SJP. 3. Terms This MOU is effective beginning January 1, 2023 through September 30, 2023. In September 2023, both parties may elect to mutually reestablish partnership terms. Either party may terminate this MOU upon 30 days written notice without penalties or liabilities. 4. Miscellaneous. A. Notices. Notices to the Parties shall be directed as follows: If to the City: Jesse DiTommaso at jditommaso@bozeman.net, (406) 579-2494, or 121 North Rouse, Bozeman, MT 59715 If to AJAY MT: Gabrielle Eklund Rowley (executive director) at gerowley@americanjobs4youth.org, 406-490-4954, or PO Box 923 Helena MT 59624 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 written notice of its new address for notices to the other Party. B. Governing Law; Venue. 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. C. Liberal Construction. This MOU shall be liberally construed to achieve its successful completion. 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. D. 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. E. Entire Agreement; Amendment; Assignment. This instrument sets forth the entire understanding of the Parties with respect to the grant and supersedes all prior discussions, negotiations, understandings, or agreements relating to the 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 Agreement can be modified by writing, if agreed by both Parties. F. 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. 75 MOU AJAY MT & City of Bozeman – SJP 2023, page 4 G. 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. H. No Partnership or Agency. Neither Party shall be considered a partner nor agent of the other Party, and this MOU does not create a partnership or principal-agent relationship 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 joint effort being formed by the City and AJAY MT is not a separate legal entity and neither the City nor AJAYMT 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 objectives of this MOU and achieve the Parties’ common goals as stated in the Recitals above. While the City and AJAY MT may cooperate in the creation of other projects in the future, the Parties acknowledge and agree that this MOU is unique and the terms of this MOU shall not create a binding precedent with respect to any future projects. I. Indemnity and Release. AJAY MT 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, omissions, or willful misconduct by AJAY MT in the performance of its work on this MOU. The Parties shall be solely responsible for any contracts they enter into or other obligations or liabilities incurred by such party in connection with their respective roles under this MOU. J. Insurance. The City will maintain insurance coverage for personal injury and property damage suffered by the City’s officials, employees, and agents arising out of or related to this MOU. The City will further maintain professional liability covered for the City’s officials, employees, and agents arising out of or related to this MOU. AJAY MT warrants and represents that it will maintain personal injury and property damage, and professional liability coverage for its officers, employees, and agents while acting within the scope their employment. The parties further agree that nothing contained in this MOU shall be construed or interpreted as denying to either party any remedy or defense available to such party under the laws of the State of Montana. K. 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 Parties 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 shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. AJAY MT 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). AJAY MT must report to the City any violations of the Montana Equal Pay Act that AJAY MT has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. 76 MOU AJAY MT & City of Bozeman – SJP 2023, page 5 AJAY MT shall require these nondiscrimination terms of its subcontractors providing services under this MOU. L. 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. M. 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 or condition or to pursue any available legal or equitable rights in the event of any subsequent default or breach. N. 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. O. 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. P. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. Q. Advertising. Either Party may advertise or share information concerning this MOU in any form and with any media without the consent of the other Party subject to any specific restrictions detailed in the MOU. R. 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 Memorandum of Understanding accurately reflects their mutual understanding, and that each of them agrees to be bound by the terms and conditions of this Memorandum of Understanding. _______________________________ _______________________________ City Representative AJAY MT Representative _______________________________ _______________________________ Printed name Date Printed name Date 77 MOU AJAY MT & City of Bozeman – SJP 2023, page 6 Draft Summer Jobs Program 2023 Timeline Date Event 12/15/2022 Confirm committee members 1/11/2023-1/31/2023 First meeting of SJP committee 1/11/2023 – 1/31/2023 Identify employers to recruit 1/11/2023 - 3/10/2023 Committee members contact & recruit employers 1/16/2023 - 3/17/2022 Employers complete SJP application 2/13/2023 - 3/31/2023 Committee recruits students & students complete application 3/20/2023 - 4/7/2023 Round 2 employers complete application (if necessary) 3/13/2023 - 4/7/2023 Committee interviews students 3/27/2023 - 4/7/2023 Employer orientation session 4/10/2023 - 4/21/2023 Committee matches students with host employers 4/17/2023 - 5/5/2023 Students complete interviews with host employers 3/13/2023 - 5/12/2023 Adult volunteer mentors complete application 4/17/2023 - 5/12/2023 Students complete work skills training 4/24/2023 - 5/12/2023 Confirm student placements 5/22/2023 - 5/26/2023 Mentor training 5/30/2023 -6/5/2023 Summer kick-off event to introduce students & mentors 6/5/2023 - 6/12/2023 Most work positions begin 6/14/2023 - 6/23/2023 Collect initial student work skills evaluations from employers 7/3/2023 – 7/7/2023 Mid-summer evaluations 8/11/2023 - 8/18/2023 Most work positions end 8/14/2023 - 8/25/2023 Final evaluations 8/7/2023 - 8/25/2023 SJP Celebration to thank community & distribute completion certificates 78 Memorandum REPORT TO:City Commission FROM:Lance Lehigh, Interim City Engineer Nick Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign an Agreement Involving Water Pressure at Nelson Meadows MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to sign this agreement. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:This agreement will allow the adjustment of the water pressure zone for Nelson Meadows to be higher than existing to allow for easier fire protection. As a best practice the city's Water Facility Plan calls for limiting the naturally-high water pressures found in parts of the community through use of Pressure Reducing Valves. Pressure zones have been established in said facility plan indicating where control is necessary. Reduced pressures limit risk of bursts and assist in control of water use. Nelson Meadows is an industrial development that will typically house buildings of a size that require high pressures to run fire suppression systems. The existing pressure reducing valve installed in Nelson Meadows then causes each building of a certain size or greater to add pumps in order to increase water pressure back up for the fire suppression system. In order to achieve our goal of a well-planned city, the Director of Transportation and Engineering has recommended creation of an industrial zone along the corridor north of the interstate that will operate in a manner that maximizes economic competitiveness by allowing naturally high water pressures to eliminate the need for fire pumps. In exchange for increasing pressure in the existing Nelson Meadows PRV, this agreement commits Nelson Meadows to funding an additional PRV that would reduce downstream pressures when residential uses are developed as well as additional commitments that reduce and/or eliminate financial risk to the public. UNRESOLVED ISSUES:none ALTERNATIVES:none 79 FISCAL EFFECTS:none Attachments: 12.20.2022 PRV Agreement - Nelson Meadows - City of Bozeman (002).pdf Report compiled on: December 27, 2022 80 81 82 83 84 85 86 87 88 89 Memorandum REPORT TO:City Commission FROM:Renee Boundy, Veteran's Court Coordinator SUBJECT:Authorize the Honorable J. Colleen Herrington to Sign a Hosted Software Service Agreement with Public Health Management Corporation MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the Honorable J. Colleen Herrington to Sign the Hosted Software Service Agreement with Public Health Management Corporation. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The Bozeman Municipal Court received a Community Education Activity Support & Enforcement (CEASE) Award from the Gallatin County DUI Task Force to support using the Driving Under the Influence Risk and Needs Triage (DUI-RANT) Assessment to gather criminogenic risk and need information on cited misdemeanor DUI offenders in the Bozeman Municipal Court for a period of 6 months. The information from this assessment can be used to indicate the risk of recidivism in offenders and to indicate the potential effectiveness of different treatment modalities. This information will be used to determine the viability and potential effectiveness of a collaborative DUI treatment court in Gallatin County. UNRESOLVED ISSUES:The cloud services questionnaire has been submitted to the IT department for approval. ALTERNATIVES:In applying for the CEASE Award, we were required to explore at least two different assessments. In this process the DUI Rant was found to be the best validated tool to use for this purpose. The award application then specified the DUI-RANT. FISCAL EFFECTS:The one year license for the DUI-RANT is entirely funded by the CEASE Award. No general funds will be needed for this project. Attachments: DUI RANT-Hosted Software Service Agreement Template_Bozeman MT Municipal_commission(2).pdf Schedule A -.pdf Exhibit A -.pdf 90 Report compiled on: December 29, 2022 91 1 HOSTED SOFTWARE SERVICE AGREEMENT This Software Service Agreement (the “Agreement”) is made as of the date of execution (the “Effective Date”) by and between Public Health Management Corporation, with offices at 1500 Market Street, LM 500, Philadelphia, PA 19102 (“PHMC”) and Bozeman Municipal Court, 901 N. Rouse, Suite 235, Bozeman, MT 59715, its agents, employees and contractors, collectively (“Licensee”), each a “Party” and collectively the “Parties”. The Agreement sets forth the terms under which PHMC will provide Licensee with access to and use of certain Software offering(s) identified in Exhibit A (“Software Terms-of-Use”), (each a "Software Service" and collectively, the "Software Service"). This Agreement, together with all Exhibits attached hereto, forms a binding contract between Licensee and PHMC. In addition, Licensee agrees that unless explicitly stated otherwise, any updates or Enhancements to the Software Service(s) that are made available to Licensee, and/or any new Software Service(s) subsequently purchased by Licensee under an Amendment will be subject to this Agreement. In consideration of the mutual obligations contained in this Agreement, and intending to be legally bound, the Parties agree as follows: 1. DEFINITIONS a. “Affiliate” as used herein shall mean any organization in which Licensee owns a controlling or majority interest, whether by direct ownership or by agreement, during any License year or acquires a controlling interest or majority interest, whether by direct ownership or by agreement, in such affiliate during a License year for as long as Licensee holds such controlling interest or majority ownership. b. “Agreement” as used herein shall mean these terms and conditions, together with any and all Amendments referencing these terms and conditions, the exhibits and schedules attached hereto and any other amendments, statements of work, attachments or appendices thereto, whether attached or incorporated by reference. c. “Bug” or “Error” as used herein shall mean an instance when the Software does not perform in accordance with the current Documentation. d. “Documentation” as used herein shall mean such manuals and other standard end-user Documentation that PHMC ordinarily makes available with the Software, including amendments and revisions thereto. e. “Enhancements” as used herein shall mean any modifications or improvements with respect to the functionality or performance of the Software, which is requested through an executed development amendment. f. “Permitted Users” as used herein shall mean the maximum number of individual users permitted to use the Software, whether at the Server location or by remote access. Under no circumstances may the Software be operated at the same time on more than the number of computers for which a separate License fee has been paid to PHMC. g. “Professional Services” as used herein shall mean any additional services NOT in relation to functionality or performance of the Software. Additional services are to be fully described in a negotiated and executed development amendment. Professional Services are more specifically detailed in Section 4 “Professional Services” h. “Server” as used herein shall mean the Server at PHMC, a single website hosted by PHMC, or a hosting company approved by PHMC. i. “Software” or “Software Services” as used herein shall mean one of PHMC’s Software Suites, as modified for Licensee by PHMC, as described in Exhibit A (“Software Terms-of-Use”) hereto, and includes program object code as well as systems and operations Documentation in their standard Versions and as customized for Licensee by PHMC. 92 2 j. “Software License” or “License” as used herein shall mean the License to use the Software granted to Licensee pursuant to the Agreement. k. “Version” as used herein shall mean a Version of the Software which contains Enhancements, which PHMC may provide for the Software pursuant to an approved and funded statement of work. 2. LICENSE a. Software License. Subject to the terms and conditions set forth herein, PHMC hereby grants to Licensee and its Affiliates, a limited, non-exclusive, non-transferable, worldwide renewable annual License to use the Software identified on Exhibit A during the Term of the Agreement as set forth in Section 8 “License Term” and pursuant to the terms and conditions of this Agreement subject to timely payment of the Software License and Maintenance and Support Fees. i. Licensee agrees that the Software will only be used, on computers located at the Server location(s) set forth in Exhibit A. Subject to the terms of this Agreement, Licensee shall have the right to use the Software in the version set forth on Schedule A for Licensee's internal business purposes, provided, however, that Licensee's use does not at any time exceed the number of Permitted Users as set forth on Exhibit A. Licensee agrees to prevent any persons other than approved employees of Licensee from using or having access to any part of the Software. ii. No part of the Software Service may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. Licensee agrees not to access the Software Service by any means other than through the interfaces that are provided by PHMC. Licensee shall not do any "mirroring" or "framing" of any part of the Software Service, or create Internet links to the Software Service which include log-in information, user names, passwords, and/or secure cookies. Licensee shall be responsible for its Users' use of the Software Service, including Licensee's contractors and agents, and Licensee's Affiliates, regarding compliance with this Agreement. iii. Licensee is responsible for all activities conducted by its Users and for its Users' compliance with this Agreement, including the content of all Licensee Data. Licensee and its Users will comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Software Service, including without limitation those related to privacy, electronic communications and anti-spam legislation. Licensee will not 1. Introduce into or transmit through the Software Service any virus, worm, trap door, back door, and other harmful or malicious code, files, scripts, agents, or programs; 2. Transmit or store infringing material in the Software Service; 3. Send any Electronic Communication from the Software Service that is unlawful, harassing, libelous, defamatory or threatening. iv. Any changes, additions, and enhancements in the form of new or partial programs or documentation as may be provided by PHMC under the maintenance and support services shall remain the proprietary property of PHMC. 3. DATA a. Security. PHMC shall maintain commercially reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of Licensee Data. i. No Virus Warranty. PHMC warrants that the Software will be free of viruses, Trojan horses, worms, spyware, or other such malicious code ("Malicious Code") ii. Any Malicious Code contained in Licensee-uploaded attachments or otherwise originating from Licensee or its Users is not covered by any PHMC warranty. Any services required from PHMC to remediate issues caused by Licensee data will be billed at current PHMC rates documented in Schedule A- “Licensing and Maintenance Fees”. 93 3 b. Software Ownership. Licensee acknowledges and agrees that, as between Licensee and PHMC, all rights, titles and interests in the Software and any part or derivation thereof, including, without limitation, all rights to patent, copyright, trademark, trade name and trade secrets and all other intellectual property rights therein and thereto, and all copies thereof, in whatever form, including any written Documentation and all other material describing such Software, shall at all times remain solely with PHMC. c. Data Ownership. All data entered and stored in the Software database by Licensee is the property of Licensee. Licensee understands and grants PHMC access to data collected by Licensee for the purpose of making any necessary system modifications, to provide technical support, generate descriptive reports, and to manage and maintain a repository of data that can be used to evaluate programs and policies. PHMC agrees to take all reasonable efforts to safeguard the data and protect the identity of persons entered into the database. PHMC agrees to comply with all state and federal statutes and regulations and contractual conditions with regard to the protection of client confidentiality. d. Documentation. All executable programs, and all programming Documentation relating thereto, including specifications developed by PHMC under any SOW, shall be the property of PHMC provided, however, PHMC grants Licensee the limited right to use such programs and Documentation in accordance with this Agreement. PHMC may use without restriction any and all ideas, concepts, methods, know-how, or techniques related to the programming and processing of data discovered or developed by PHMC during the performance of Professional Services under any SOW. e. All Rights Reserved. All rights not expressly granted to Licensee are hereby reserved to PHMC. Licensee agrees and acknowledges that the Software is valuable, confidential and intellectual property belonging solely to PHMC, and that Licensee has not purchased or been sold or granted any interest in the Software except as expressly provided herein. f. Intellectual Property. Neither Party is granted any right or interest to the logos, copyrights, trademarks, marks, trade names or trade secrets (the “Intellectual Property”) of the other Party. Neither Party may use the other Party’s Intellectual Property without the express written consent of such Party. 4. PROFESSIONAL SERVICES a. Professional Services Provided by PHMC. Professional Services included in the License Fee for the Software are outlined in Schedule A and Exhibit A. b. Professional Services Requested by Licensee. Licensee may from time to time request, in writing and in sufficient detail, additional Professional Services to be performed by PHMC. Professional Services that are not included in the License Fee for the Software may be provided by PHMC at the then-current rates. Professional Services may include installation and demonstration of additional software, implementation services, education and training and customization services, all as more fully described in a negotiated and executed development amendment including a Statement of Work (Exhibit B: Service Enhancement - Statement of Work). i. PHMC will prepare a Statement of Work, containing, among other provisions, a description of the Professional Services to be performed and an estimate of the personnel services effort, processing charges, and other related costs. A Statement of Work shall become binding upon execution of the Statement of Work by Licensee and PHMC. All such Professional Services shall be subject to the terms and conditions of this Agreement. c. Prepaid services must be utilized within one (1) year from the date of prepayment. d. Unless otherwise set forth on a particular Statement of Work with respect to Professional Services performed on a fixed fee basis, all services performed hereunder will be billed on a time and materials basis, plus reasonable out of pocket expenses incurred by PHMC to be reimbursed to PHMC as provided under Section 7 hereof. 94 4 5. DELIVERY AND ACCEPTANCE a. Delivery of Software Services. i. Delivery (Standard). PHMC agrees to deliver to Licensee a complete copy of the applicable Software within the estimated delivery window in Schedule A. ii. Deployment (Enhancement). PHMC agrees to give access to Licensee a “beta copy” of the Software within the estimated delivery window in the Statement of Work and a complete beta copy of the Software within the estimated delivery window in the Statement of Work attached hereto as Exhibit B. 1. The Deployment phase includes the steps necessary to implement PHMC Enhancements with the features/functionality described in Exhibit B. The customer will transition to PHMC's Customer Support at go live at which time Support will be the primary contact for the Licensee. 2. For a period of two weeks after going live, PHMC Implementation Team will still be available to provide support to answer any questions, address issues, and make sure the Customer is successful using PHMC Software Service. b. Acceptance of Software Services. i. Acceptance (Standard). Software delivered to Licensee will be tested within two (2) weeks of delivery. Upon delivery of the Software to Licensee, Licensee will perform acceptance testing of the Software to confirm that programs are error-free and conform to Exhibit B. ii. Acceptance (Enhancement). Software delivered to Licensee will be tested against the SOW within two (2) weeks of delivery. Upon access of the Software to Licensee, Licensee will perform acceptance testing of the Software to confirm that programs are error-free and conform to the SOW. 1. If errors or specification-conflicts are found, Licensee will notify PHMC’s Client Services Representative (“CSR”), listed in Section 19 of this Agreement by e-mail and telephone, and provide written description and Documentation, in sufficient detail, in each instance to PHMC to enable PHMC to recreate and address such error or specification conflict. 2. Licensee will create and maintain an “Acceptance Testing” spreadsheet of all issues and their status, which it will share regularly with PHMC. 3. Upon receipt of description and Documentation, PHMC will evaluate the circumstances of the error or specification conflict, and estimate the time to complete correction. The error or conflict will be addressed by PHMC and a new Version of the software within two (2) weeks of notification of error unless PHMC notifies Licensee, in writing, that additional time will be required to address the error or conflict. 4. Implementation and training services ordered by PHMC as set forth in the applicable Exhibit A shall be performed in accordance with PHMC's customary practices for the level of services purchased. PHMC does not provide dedicated project management for Licensee during implementation unless separately purchased. Implementation is performed remotely unless otherwise specified. PHMC is not responsible, and will not be liable, for Licensee's configuration decisions or the Software Service's ability to allow licensee to comply with all laws and regulations in Licensee's unique circumstances, nor for any delays in implementation caused by Licensee, including but not limited to, Licensee delays in providing clean and validated data, if needed, or Licensee delays in making necessary business decisions with respect to the configuration of the Software Service. 95 5 6. MAINTENANCE AND SUPPORT SERVICES a. Licensee’s Role: i. Except for the initial delivery and acceptance, for which PHMC agrees to assist Licensee, Licensee will be responsible for accessing the Software on its PCs and networks; ii. Licensee will provide the first line of user support (Licensee’s helpdesk and training staff); identifying Licensee contacts to evaluate questions and problems, before engaging PHMC’s support services; iii. The only data Licensee will be able to access is data that is entered into the Software. The Software does not provide backward compatibility to data entered into previous Version(s) of the Software; iv. Licensee agrees to promptly inform PHMC in writing of any programming error in the Software that requires correction, together with such supporting file/record dumps and output reports/copies of screen displays as may be necessary or reasonably requested by PHMC to examine and trace the programming error. v. Licensee agrees to identify a primary contact representing their organization. This individual, or their supervisor, or explicitly designated technical staff for a given SOW, is the person who will contact PHMC’s CSR. All communication will occur between PHMC’s CSR and this individual. This individual should be intimately familiar with the Software, as well as the original specifications. Licensee will identify a secondary, backup contact in case the primary contact is unavailable. vi. Licensee agrees to contact PHMC’s CSR via e-mail to initiate support and maintenance activities describing the identified problem in extensive detail as outlined in Section 6.b.ii. PHMC staff will then respond to Licensee’s identified representative via telephone or e-mail following the escalation procedures detailed within Exhibit A. vii. Accompanying receipt of an e-mail for service work from Licensee’s identified representative to PHMC’s CSR signed by an authorized representative of Licensee, PHMC will review the SOW containing a description of the Professional Services to be performed. A SOW shall become binding upon execution of the SOW by authorized representatives of Licensee and PHMC, and will be forwarded to the Licensee identified representative via e-mail and incorporated herein by reference. viii. On request, Licensee agrees to promptly provide PHMC with sufficient support and test time on Licensee's computer system to duplicate the error, confirm that the error is with the Software, and to confirm that the error has been fixed. ix. Licensee shall bear the cost of error identification and correction, if any, at the then-current rates, plus any out-of-pocket expenses, if after investigation by PHMC, PHMC determines that such error occurred as a result of one of the reasons listed above. b. PHMC’s Role: Maintenance and Support. During the term of this Agreement and provided Licensee's Maintenance and Support Fee (If Applicable) has been timely paid, PHMC shall: i. Supply Licensee with any improvements or modifications to the Software that PHMC does not charge for as options or as separate products. 96 6 ii. Provide off-site communications such as telephone, facsimile and e-mail support between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday (excluding PHMC holidays), Eastern Time, to the extent technically feasible to cause the Software to perform substantially in accordance with the documentation provided to Licensee therewith. Any required correction, replacement or services will be promptly accomplished after Licensee has identified and notified of any such error in accordance with the procedures, which are attached hereto within Exhibit A. For purposes of providing the maintenance and support services, PHMC agrees to implement the Procedures attached hereto within Exhibit A and incorporated herein by reference. If Licensee specifically requests PHMC to visit Licensee's site in connection with the correction of one or more errors not covered by PHMC’s maintenance and support services, Licensee shall reimburse PHMC for all out of pocket expenses incurred in connection therewith as described in Schedule A. iii. The Software is certified by PHMC to run with current Versions of Google Chrome and Microsoft Edge. iv. In the event, changes occur to Google Chrome or Microsoft Edge subsequent to Acceptance, other than as a result of a Bug or Error in the Software, PHMC will use best efforts to fix the Software so that it becomes fully compatible with the then-current Versions of Microsoft Edge or Google Chrome at PHMC’s then current hourly rates. Updates do not include platform extensions to different hardware platforms or different operating system platforms. v. Maintenance and Support Services will be provided for the then-current release of the Software as specified by PHMC. c. PHMC’s Role: Professional Services. i. One complete set of end-user Documentation, available for download within the software. Additional end-user Documentation may be requested from PHMC Client Service Representative. ii. One Remote Training Session, pursuant to Exhibit A at a time that is mutually agreeable to both Parties. Additional Training Sessions at PHMC’s then-current rates may be scheduled when requested in writing by Licensee and subject to PHMC’s availability of training resources. iii. Upon acceptance of an Exhibit B “Service Enhancement - Statement of Work”, PHMC and Licensee recognize that PHMC agrees to use reasonable efforts and timeframe to develop and implement solutions to stated Professional Services, should the need arise. d. PHMC’s Role: Functionality Enhancements to Software. i. Upon acceptance of an Exhibit B “Service Enhancement Statement of Work”, Licensee recognizes that its Version of the Software is not the “standard” Version of the Software offered for use on a subscription basis. Software changes made in the delivered product at Licensee’s request will disqualify it from any updates PHMC may make available to users of its standard Software. 1. Where Enhancements, Versions or revisions affect program modules shared in common with other users of the Software, Licensee may request in writing to receive the updates at the cost necessary to make the Enhancements, Versions or revisions compatible with the Software. 7. PAYMENTS a. Licensing Fees. Upon execution of this Agreement, Licensee shall pay PHMC the License fee for the Software identified on Exhibit A and outlined in Schedule A (the “License Fee”). If Licensee and PHMC amend this agreement to include additional Software, Licensee shall pay PHMC such additional License fees as may be agreed to by the Parties at such time. 97 7 i. The License Fee, pursuant to the services outlined in Schedule A, is $1,250, assuming up to five users per court, per year, paid up front. This fixed fee does not provide for any additional services unless specifically outlined in Exhibit A or Exhibit B. ii. Maintenance and Support Fees. Upon execution of this Agreement, Licensee shall pay, in advance, the Maintenance and Support Fee for the Software identified on Exhibit A. Additionally, Licensee agrees to pay PHMC, at the rates specified in Schedule A for time spent and expenses incurred if analysis and maintenance of a problem indicates it was not the result of a nonconformance in the Software with the Documentation provided to Licensee therewith or if: 1. The Software has been modified, changed or altered by anyone other than PHMC unless authorized by PHMC in writing; 2. The computer hardware used in the operation of the Software is not in good operating order or is not installed in a suitable operating environment; 3. The failure to perform substantially in accordance with the standard Documentation is caused by Licensee or its agents, servants, employees or contractors (including, without limitation, by Licensee's failure to follow all instructions contained in such standard Documentation); or 4. Licensee fails to notify PHMC promptly, in writing, of such failure after it is discovered. These charges will be invoiced at PHMC’s then-current rates plus reasonable out of pocket expenses. PHMC shall have no duty to provide error identification or correction if all sums then due to PHMC under this Agreement have not been paid or Licensee is otherwise in material breach of its obligations under this Agreement. iii. Taxes. Licensee shall be responsible for all use, sales, excise, transfer, ad valorem and other taxes, tariffs and duties (except for taxes on PHMC income), or any other tax or fee in lieu thereof imposed by any government or governmental agency or authority, associated with the License or use of the Software, or associated with any services provided by PHMC hereunder. iv. Expenses. Licensee agrees to reimburse PHMC for any reasonable or requested out-of-pocket expenses incurred by PHMC in connection with the performance of any services under this Agreement or any SOW, including without limitation, travel to and from Licensee’s site, lodging, meals, telephone, shipping and any other expenses incurred at the specific request of Licensee or with Licensee’s Agreement. v. Form and Time of Payment. All payments due from Licensee to PHMC shall be payable in United States currency. Unless otherwise specified in this Agreement all amounts shall be paid by Licensee to PHMC within thirty (30) days of receipt of an invoice from PHMC. Any sums not paid when due may accrue interest at a rate equal to the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law. Licensee will also be responsible for all costs of collection including reasonable attorneys’ fees and expenses. Payments will be applied first to accrued and unpaid interest and second any remaining amounts will be applied to the outstanding fees, expenses and the costs. 8. LICENSE TERM a. The initial Term of this Agreement shall be for a period of one (1) year commencing on 01/01/2023 and continue until 12/31/2023, at which point the Agreement will automatically renew for subsequent terms of one (1) year (each such extension or renewal, a “Renewal Term”). The parties may extend this Agreement for three (3) additional one (1) year terms. b. Licensee may, at least thirty (30) days before the end of a Term, inform PHMC that Licensee does not intend to renew, or wishes to cancel the Agreement. 98 8 c. PHMC may modify the prices or fees for Services for each Renewal Term upon thirty (30) days’ notice to Licensee; provided, however, if Licensee does not agree to accept the new pricing, Licensee may terminate the affected Agreement without penalty within thirty (30) days of the date of such notice. Any continued use of the Software thirty (30) days after notice date shall be deemed acceptance of the new pricing. d. Missed cancellation period: PHMC accepts no responsibility for late cancellations or cancellation requests not received due to printer or fax failure, download failure due to (and not limited to) disconnection from the Internet, power failure, heavy Internet traffic, instructions not received due to an incorrect customer information, illness, a cancellation request sent to a wrong email address or a company other than PHMC, computer failure, or hardware error. It is your responsibility to ensure that cancellation requests are received by PHMC within ninety (90) days of the Start Date, or at any other time. 9. TERMINATION a. Licensee shall have the right to terminate this Agreement in its entirety if: i. Subject to a formal submission by the Licensee, within ninety (90) days of the Start Date, Licensee may receive a prorated refund based on the date of cancellation of any subscription fees already paid by Licensee, less a cancellation-processing fee of one-hundred dollars (U.S. $100). Any Notice of Termination received after ninety (90) days shall NOT be eligible for refund. ii. During any Renewal Period, upon receipt of Renewal Term Pricing, Licensee may terminate the affected Agreement without penalty within thirty (30) days of the date of such notice if Licensee does not agree to accept the new pricing. b. PHMC shall have the right to terminate this Agreement in its entirety if: i. Licensee fails to pay any License fees or any other fees or sums that it is required to pay under this Agreement or any SOW or Statement of Work (a “Payment Default”) and such failure is not corrected within fifteen (15) business days after PHMC gives written notice of such nonpayment to Licensee; or ii. Other than a Payment Default, Either party may immediately terminate this Agreement and any applicable Amendments issued hereunder in the event the other party commits a material breach of any provision of this Agreement that is not cured within thirty (30) days of written notice from the non-breaching party. Such notice by the complaining party shall expressly state all of the reasons for the claimed material breach in sufficient detail so as to provide the alleged breaching party a meaningful opportunity to cure such alleged breach and shall be sent to the General Counsel of the alleged breaching party at the address listed in the heading of this Agreement (or such other address that may be provided pursuant to this Agreement) ("Notice"). Upon termination or expiration of this Agreement for any reason, Licensee shall have no rights to continue use of the Software. If this Agreement is terminated for any reason other than a termination as a result of PHMC's material breach of the Agreement, then PHMC shall be entitled to all of the Fees due under this Agreement for the entire Term. If this Agreement is terminated as a result of PHMC's material breach of this Agreement, then Licensee shall be entitled to a refund of the pro rata portion of any prepaid subscription fees paid by Licensee to PHMC under this Agreement for the remaining terminated portion of the Term. c. If the Software or related documentation is held by a court of competent jurisdiction or alleged to constitute such an infringement or violation of any third party's proprietary rights and Licensee's use thereof is or may reasonably be expected to be enjoined, PHMC shall, at its option, either secure for Licensee the right to continue to use such Software or documentation, or replace and modify such Software or documentation to make it non-infringing. If either option is not commercially reasonable, PHMC reserves the right to terminate the License and refund a pro rata share of the License Fee and maintenance and support fees. 99 9 d. In no event shall any termination of this Agreement excuse either Party from any breach or violation of this Agreement and full legal and equitable remedies shall remain available therefor, nor shall it excuse Licensee from making any payment due under this Agreement with respect to any period prior to the date of termination. e. Subscription Termination: A subscription to any Service(s) may be terminated at any time, and without cause (as outlined above), upon notification by electronic or conventional mail, or by fax, if available. i. By sending an email to PHMC at courttools@phmc.org 1. Subject line "subscription cancellation request" 2. Body of the email: the reason for cancellation. ii. Upon delivery of a cancellation request email, you will receive a confirmation email from PHMC with a tracking number confirming that your message has been received. You should retain this confirmation for your records as this is confirmation of your cancellation request. If you do not receive a confirmation email for your request within twenty-four (24) hours, PHMC recommends that you submit your request again via an alternate method such as postal mail, or fax. Once your cancellation is processed by PHMC, you will receive, via email, a subscription cancellation confirmation. Should you not follow the correct cancellation instructions the account will remain active and you will be responsible for all charges incurred up to the time the subscription is deactivated. 10. LIMITED WARRANTY a. PHMC warrants that the Application and Services, including any modifications that are made by PHMC or under PHMC’s instructions do not contain any material defects, and will conform in all material respects to the specifications, functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the Documentation, which are all incorporated herein by reference. PHMC further warrants that all post-Acceptance updates, alterations, or modifications to the Services will not materially diminish the features or functionality of the Application and Services. PHMC must promptly correct any errors identified by the Licensee in the Application and in any modification to the Application at no cost to the Licensee. If, PHMC is unable to correct such errors within 30 days following notification by the Licensee, then PHMC must at the Licensee’s request accept return of the Application and return all money paid for the Application and maintenance. The Licensee may also pursue any other remedies available to it under this Agreement or by law or equity. b. If PHMC is notified of an error in the Software within ninety (90) days after delivery of the Software or is notified of a deficiency in the services within ninety (90) days of the performance of the services, PHMC shall provide the warranty services set forth in Section 10.a. c. EXCEPT AS SET FORTH IN SECTIONS 10.a AND 11.1, PHMC MAKES NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND THE SOFTWARE, INCLUDING THE DOCUMENTATION, OR ANY UPDATES, ENHANCEMENTS OR RELEASES THERETO, OR ANY OTHER SERVICES OR GOODS PROVIDED BY PHMC TO LICENSEE IN CONNECTION WITH THE AGREEMENT, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; OR CONDITION, QUALITY, DURABILITY OR PERFORMANCE. d. PHMC does not warrant that either the functional specifications or the functions contained or to be contained in the Software shall meet the Licensee’s requirements or shall operate in the combination which Licensee selects for use, or that the operation or use of the Software shall be uninterrupted or error free. Licensee assumes the responsibility for the selection of the Software to achieve Licensee’s intended results, and for the installation, use and results obtained from the Software. 100 10 e. PHMC shall have no obligation in respect of any breach or warranty contained in Section 10 if Licensee fails to implement Software in accordance with documentation provided with Software, fault arises out of hardware related issues, or there have been any changes, additions or modifications made to the Software by Licensee. f. PHMC warrants that is has the right to license the Software on the terms and conditions of this Agreement, and that it knows of no claim by any third party that the use of the Software infringes the United States copyright, or the United States patent, of any third party. If any legal action is threatened or taken against the Licensee in respect of any of PHMC’s intellectual property rights, including copyright, patent, or similar right in the Software and/or documentation provided with the Software, then Licensee shall immediately inform PHMC and permit PHMC to defend such action. PHMC may, at its expense, change, modify, or delete all, or any part of the Software in order to avoid any such infringement, or alleged infringement of copyright, patent, or misappropriation, but in doing so PHMC shall use reasonable efforts to avoid materially reducing the functionality or performance of the Software, or terminate the Agreement and refund a pro rata share of the license and maintenance and support fees paid. g. PHMC warrants that it has used commercially reasonable efforts to ensure against introduction of any virus into the Licensee’s systems. PHMC must immediately advise the Licensee, in writing, upon reasonable suspicion or actual knowledge that the Services may contain a Virus. If a Virus is found to have been introduced into the Licensee’s systems by the Services within 30 days after the Effective Date of this Agreement, PHMC must repair or replace the Services within ten (10) business days. If PHMC cannot accomplish the foregoing within such time, then the Licensee must discontinue use of the Services, and PHMC must refund all money paid for the Services and maintenance as set forth in the Scope of Services. See Exhibit A. PHMC must use all reasonable commercial efforts, at no additional charge, to assist the Licensee in reducing the effects of the Virus and, if the Virus causes a loss of operational efficiency or loss of data, to assist the Licensee to the same extent to mitigate and restore such losses. In addition, PHMC must indemnify, defend and hold the Licensee harmless from any claims, suits, damages, liabilities, losses, and reasonable attorney fees resulting from any such Viruses. The limitation of liability described in Paragraph 11 does not apply to this indemnification obligation. 11. LIMITATIONS ON REMEDIES; DISCLAIMER OF CONSEQUENTIAL DAMAGES PHMC's liability for contract damages is limited to direct damages. PHMC shall not be liable for special, incidental, consequential, punitive, or indirect damages. Damages caused by injury to persons or tangible property, arising from any PHMC indemnification under this Agreement, or arising from breach of the confidentiality obligations under this Agreement are subject to a cap on the amount of damages not to exceed the annual Subscription fee. a. Licensee acknowledges that the Software is not intended for use by computer users in general but is intended for use only by business professionals and shall not in any form or manner substitute for the exercise of their professional or business judgment. Licensee agrees to bear full and exclusive responsibility and liability for the accuracy and appropriateness of the input and the use of the output of the Software by Licensee, Licensee's personnel, agents, clients and customers. b. No action relating to this Agreement may be brought by either Party more than one (1) year after the Party concerned knows or, in the exercise of care reasonable under the circumstances, should have become aware of the facts constituting the cause of action. 101 11 c. Notwithstanding the forgoing, PHMC in no event shall be liable for any claim under this Section which is based on: (a) Licensee's continued use of the Software after it has become aware of the existence of any claim or potential claim of the type referred to above or after it has been notified by of the existence of such a claim and has been requested to cease all use of the Software; (b) the use or combination of the Software with any other software or hardware not supplied to Licensee by PHMC; (c) any change, modification, addition or enhancement to or of the Software not made by or at the direction of PHMC; or (d) Licensee's use of any but the latest available (or the immediately prior) release of the Software. THE FOREGOING STATES THE ENTIRE LIABILITY OF PHMC AND LICENSEE REGARDING INTELLECTUAL PROPERTY RIGHT CLAIMS BY THIRD PARTIES. d. Licensee represents, warrants and covenants that: a) all of Licensee’s activities relating to this Agreement, including but not limited to Licensee’s use of the Software will not violate any applicable law, rule or regulation, and Licensee will obtain all consents, permits and approvals and will enter into all agreements required to comply with such laws, rules and regulations; b) this Agreement constitutes a valid and binding obligation of Licensee, enforceable in accordance with its terms; and c) Licensee will not disclose or provide access to the Software to any third party and will not allow any third party to use the Software. 12. DISCLAIMER OF WARRANTIES a. BUT FOR PARAGRAPH 10, LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF AND RELIANCE UPON THE SOFTWARE IS AT LICENSEE’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH LICENSEE. THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION, WARRANTY OR COVENANT OR ANY KIND. b. PHMC HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EXCEPT AS HEREIN PROVIDED, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF TITLE, OF ACCURACY, OF COMPLETENESS, OF LEGALITY, OF QUIET ENJOYMENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING: A) PHMC DOES NOT REPRESENT, WARRANT OR COVENANT AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS PROVIDED BY THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT ANY DATA OR REPORT SUBMITTED TO ANY AGENCY, GOVERNMENTAL OR OTHERWISE USING THE SOFTWARE WILL COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS AND RULES; AND B) PHMC MAKES NO REPRESENTATION, WARRANTY OR COVENANT AS TO NONINFRINGEMENT AND RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY UPON ANY CLAIM BY A THIRD PARTY OF RIGHTS IN OR TO ANY INTELLECTUAL PROPERTY ASSOCIATED THEREWITH. NO ORAL OR WRITTEN STATEMENT SUPPLIED BY PHMC SHALL CREATE A WARRANTY. 13. INFRINGEMENT DEFENSE AND INDEMNITY PROTECTION a. Third-Party Claim. If any third party asserts a claim against the Licensee that the Application furnished under this Agreement infringe upon or violate the third party’s IP Rights, the Licensee shall promptly notify PHMC. PHMC shall defend such claim, in the Licensee's name or its own name, as appropriate, but at PHMC's expense. PHMC shall indemnify the Licensee against all costs, damages, losses, liabilities, and attorney's fees arising from such claim. This defense and indemnification obligation is conditioned on the following: i. The Licensee shall promptly notify PHMC of the claim in writing; and 102 12 ii. The Licensee will allow PHMC to control, and will cooperate with PHMC in the defense and any related settlement negotiations, provided that: 1. PHMC shall permit the Licensee to participate in the defense and settlement of any such claim, at the Licensee's own expense, with counsel of its choosing; and 2. PHMC shall not enter into or agree to any settlement containing any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of the Licensee, its elected and appointed officials, agents or employees without the Licensee's prior written consent. b. Application Subject of Claim. If any Application furnished is likely to or does become the subject of a claim of infringement of a third party’s IP Rights, then PHMC may, at its option, procure for the Licensee the right to continue using the alleged infringing Application, or modify the Application so that it becomes non-infringing or replace it with one that is at least functionally equivalent. If none of the above options can be accomplished, or if the use of such Application by the Licensee shall be prevented by injunction, the Licensee shall return the Application to PHMC on written request. PHMC shall then give the Licensee a credit equal to the amount paid to PHMC for the creation of the Application. The Licensee is not precluded from seeking other remedies available to it hereunder, including Section 15, and in equity or law for any damages it may sustain due to its inability to continue using such Application. The limitation of liability under Section 14 does not apply to PHMC’s obligations under this Section 13 and the Licensee’s right to seek additional remedies arising from PHMC’s ‘infringement of a third party’s IP Rights. 14. GENERAL PROVISIONS a. Hold Harmless/Indemnification. PHMC agrees to protect, defend, and save Licensee, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of PHMC's employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of PHMC and/or its agents, employees, representatives, assigns, subcontractors, except the sole negligence of Licensee, under this Contract. b. Required Insurance i. General Requirements. PHMC shall maintain for the duration of the Agreement, at its cost and expense, insurance against claims for injuries to persons or damages to property, including contractual liability, which may arise from or in connection with the performance of the work by PHMC, agents, employees, representatives, assigns, or subcontractors. This insurance shall cover such claims as may be caused by any negligent act or omission. The following policy limits must be held: • Workers’ Compensation limits - statutory; • Employers’ Liability - $1,000,00 per occurrence, $2,000,000 annual aggregate; and • Professional Liability - $1,000,000 per occurrence, $2,000,000 annual aggregate. ii. Primary Insurance. PHMC's insurance coverage shall be primary insurance with respect to the Licensee, its officers, officials, employees, and volunteers and shall apply separately to each project or location. Any insurance or self-insurance maintained by the Licensee, its officers, officials, employees or volunteers shall be excess of PHMC’s insurance and shall not contribute with it. iii. Specific Requirements for Commercial General Liability. PHMC shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $1,000,000 per occurrence and $2,000,000 aggregate per year to cover such claims as may be caused by any act, omission, or negligence of PHMC or its officers, agents, representatives, assigns or subcontractors. The Licensee, 103 13 its officers, officials, employees, and volunteers are to be covered and listed as additional insureds; for liability arising out of activities performed by or on behalf of PHMC, including the insured’s general supervision of PHMC; products, and completed operations, and the premises owned, leased, occupied, or used. iv. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to and approved by the Licensee. At the request of the Licensee either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Licensee, its officers, officials, employees, or volunteers; or (2) at the expense of PHMC, PHMC shall procure a bond guaranteeing payment of losses and related investigations, claims administration, and defense expenses. v. Certificate of Insurance/Endorsements. A certificate of insurance from an insurer with a Best’s rating of no less than A- indicating compliance with the required coverages, has been received by the City of Bozeman City Clerk’s Office, PO Box PO Box 1230, Bozeman, MT59771-1230. The certificate must name the City of Bozeman as certificate holder and PHMC shall provide copy of additional insured endorsement required by PHMC’s commercial general liability policy. PHMC must notify the City immediately, of any material change in insurance coverage, such as changes in limits, coverages, change in status of policy, etc. The City reserves the right to require complete copies of insurance policies at all times. vi. Specific Requirements for Cyber/Data Information Security Insurance. PHMC shall purchase and maintain cyber/information security insurance coverage with combined single limits for each wrongful act of $2,000,000 per occurrence to cover the unauthorized acquisition of personal information such as social security numbers, credit card numbers, financial account information, or other information that uniquely identifies an individual and may be of a sensitive nature in accordance with §2-6-1501, MCA through §2-6-1503, MCA. If PHMC maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by PHMC. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Such insurance must cover, at a minimum, privacy notification costs, credit monitoring, forensics investigations, legal fees/costs, regulatory fines and penalties, and third-party liability settlements or judgements as may be caused by any act, omission, or negligence of PHMC’s officers, agents, representatives, assigns or subcontractors. Note: If occurrence coverage is unavailable or cost-prohibitive, the City will accept ‘claims made’ coverage provided the following conditions are met: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work; 2) insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work; and 3) if coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, PHMC must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work. 15. CONFIDENTIALITY a. Licensee will, and will direct its employees, officers, directors, members, managers, agents and affiliates to, keep the Software, including related documentation, and all information and materials concerning or related thereto secret and confidential at all times, to protect PHMC’s proprietary rights therein, and not to disclose, disseminate or permit to be disclosed or disseminated any such information or materials to any person, except as expressly authorized hereunder to enable Licensee to carry out its obligations pursuant to this Agreement. Licensee will use the same degree of care to avoid disclosure or dissemination of any such confidential information as it employs with respect to its own information which it does not desire to have disclosed or disseminated. 104 14 16. NONSOLICITATION a. Each Party agrees that it will not, for the term of this Agreement and for a period of one (1) year after any termination hereof, directly or indirectly, cause, induce or attempt to cause or induce any of the other Party's employees or consultants to leave the employ of such Party or to accept employment or engagement with the other Party or any other employer, without the prior written consent of the other Party hereto. In the event that either Party breaches or attempts to breach any of the provisions of this Section, the non-breaching Party shall have the right, in addition to such other remedies which may be available to it, to injunctive relief enjoining such breach or attempt to breach, it being acknowledged that legal remedies are inadequate. 17. GOVERNING LAW AND JURISDICTION a. The laws of the state where Licensee’s principal place of business is located shall govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. b. The Software is subject to United States export laws and regulations. Licensee must comply with all domestic and international export laws and regulations that apply to the Software. 18. SUCCESSORS AND ASSIGNS a. Licensee shall not sublicense, sell, rent, lease, lend, give, assign or transfer the Software, Software License or any portion thereof, or create any derivative works based thereon without PHMC’s prior written consent, which may be withheld in PHMC’s sole discretion. Any such assignment or attempted assignment without such prior written consent shall constitute a breach and automatically terminate this Agreement. In such an event, all Fees shall be due to PHMC under this Agreement for the entire Term within thirty (30) days of notification of Termination from PHMC. 19. NOTICES a. Addresses / Addressees. All notices, statements and other communications required or permitted under this Agreement shall be in writing and shall be sufficiently given only if personally delivered, mailed by registered, certified or first class mail, via Certified Email to the Email address indicated below, transmitted by a reputable express courier service or transmitted by telecopier and confirmed by first class mail within 24 hours to the party to receive notice at the following addresses, or at such other addresses as party may, by notice, direct. i. If notice to PHMC, then to: Administrative Representative: Contracts Manager Public Health Management Corporation Centre Square East 1500 Market Street, LM500 Philadelphia, PA 19102 contracts@phmc.org Client Services Representative: Meghan Love Public Health Management Corporation Centre Square East 1500 Market Street, LM500 Philadelphia, PA 19102 mlove@phmc.org 215-399-0990 ii. If notice to Licensee, then to: Renee Boundy Bozeman VETS Court 901 N Rouse Ste 235 Bozeman, MT 59715 (406) 582-2932 rboundy@bozeman.net b. Altering Addresses / Addressees. Any Party may alter the address to which communications are to 105 15 be sent by giving notice of such change of address in conformity with the provisions of this Section providing for the giving of notice. 20. MISCELLANEOUS a. Non-Discrimination and Equal Pay. PHMC agrees that all hiring by PHMC of persons performing this Agreement must be on the basis of merit and qualifications. PHMC will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. PHMC 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. PHMC must 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. b. PHMC 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). PHMC must report to the City any violations of the Montana Equal Pay Act that PHMC has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. c. PHMC must require these nondiscrimination terms of its subcontractors providing services under this Agreement. d. Both parties agree that in the performance of this Agreement, there will be no discrimination against any individual or groups on account of any Federal, State or Local law, regulation or rule, including but not limited to race, color, gender, sexual preference, religious creed, ancestry, disability, age or national origin. Receipt by either party of evidence of such discrimination shall be cause for termination. e. 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 f. Access and Retention of Records. PHMC shall provide the Licensee or their authorized agents access to any records required to be made available by 18-1-118 MCA, in order to determine Agreement compliance. PHMC shall create and retain records supporting this Agreement for a period of eight 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 City of Bozeman or a third party. g. Limitation of Actions. Any arbitration by either Party for breach of this Agreement must be commenced within one (1) year after the complaining Party knew or should have known of such breach. h. Severability. The provisions of this Agreement are independent of and severable from each other. No provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any one or more of the other provisions hereof may be invalid or unenforceable in whole or in part. i. Titles. The titles of the Sections and subsections of this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 106 16 j. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one Agreement. k. Publicity. Each Party agrees not to publicize or disclose the existence or terms of this Agreement to any third party without the prior written consent of the other, except as required by law. In particular, no press releases shall be made without the mutual written consent of each Party. l. Independent Contractors. The relationship of the Parties under this Agreement is that of independent contractors, and neither Party is an employee, agent, partner or joint venture of the other. m. Force Majeure. Neither Party shall be deemed to be in breach or default of this Agreement if there is any total or partial failure in the performance by it of its duties and obligations hereunder occasioned by any acts of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining materials, energy or other supplies, priorities, strike, labor disputes of whatever nature beyond such Party's reasonable control (“Force Majeure”). Such non-performing Party shall be excused the performance by the other Party and shall not be in breach of this Agreement for a period equal to any such prevention, delay or stoppage. The Party affected by any of the Force Majeure circumstances or conditions contemplated by this Section shall promptly notify the other Party, in writing, of the circumstances in sufficient detail to inform the unaffected Party in accordance with the notice provisions hereof. Any such performance obligations shall continue upon the conclusion of the related Force Majeure event. n. Counterparts and Fax Signatures. This Agreement may be executed in counterparts, each of which will constitute an original, and all of which will constitute one agreement. A signature transmitted via facsimile or scanned original will be deemed an enforceable signature for the purpose of demonstrating the signing party's assent to the Agreement. o. Survivability. All of the warranties, representations, covenants and indemnifications of each party under this Agreement shall survive the expiration or termination of this Agreement as well as any other provision which by its nature is intended to survive the expiration or termination of this Agreement. p. Entire Agreement. This Agreement and the Exhibits hereto, together with any SOWs executed by the Parties, shall constitute the full and entire understanding and agreement between the Parties with regard to the subject matter hereof and thereof, and supersede all prior agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. The express terms hereof shall control and supersede any course of performance and/or usage of trade inconsistent with any of the terms hereof. q. 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 must 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. r. Dispute Resolution. i. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must 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. ii. 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. s. Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 107 17 t. 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. u. 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. v. 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. w. Amendments, Modification and Assignability. This Agreement may not be amended, modified, varied or supplemented except by an amendment signed by duly authorized representatives of both Parties. PHMC may not subcontract or assign PHMC’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the Licensee. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. x. Reports/Accountability/Public Information. PHMC agrees to develop and/or provide documentation as requested by the Licensee demonstrating PHMC compliance with the requirements of this Agreement. PHMC must allow the Licensee, its auditors, and other persons authorized by the Licensee to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to PHMC pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. PHMC must not issue any statements, releases or information for public dissemination without prior approval of the Licensee. . The Agreement will become effective upon execution of Agreement by both Parties and receipt by PHMC of the initial annual License Fee payment, whereupon all of the terms and provisions of this Agreement shall become binding upon Licensee and PHMC. PUBLIC HEALTH MANAGEMENT CORPORATION THE HON. J. COLLEEN HERRINGTON BOZEMAN MUNICIPAL COURT Signed: Signed: By: By: Title: Title: Date: Date: 108 SOFTWARE LICENSE AND SERVICES AGREEMENT ("AGREEMENT") SCHEDULE A LICENSING AND DEVELOPMENT FEES Streamlined DUI-RANT™ Treatment Research Solutions at Public Health Management Corporation (PHMC) Contact: Meghan Love Product Director Treatment Research Solutions @ Public Health Management Corporation 1500 Market Street Centre Square, East Tower, 15th fl. Philadelphia, PA 19102 mlove@phmc.org (215) 399-0990 EIN # 23-7221025 LICENSING Product Name Version No. of Servers Permitted Users Fees Streamlined DUI- RANT™ 1 1 up to 5 $1,250 per year, per court MAINTENANCE & SUPPORT Service Name Service Details Fees Networking Subscription DUI-RANT Instrument Access Provided for Users within Individual Courts $350 per court Initial Training 1 Session – Remote Training $800 Additional Training Sessions Per Session – Remote Training ROLE Rates Apply Remote Support (Phone/Email) Mon - Fri 8:30am – 5pm EST Included in Annual Fee Remote Support (Phone/Email) All Other Times Network Admin Rates Apply On-Site Support Requires Separate SOW TBD in conjunction with SOW 109 SOFTWARE LICENSE AND SERVICES AGREEMENT ("AGREEMENT") SCHEDULE A PROFESSIONAL SERVICE RATES Any additional services shall require the acceptance and authorization of a formal Statement of Work (SOW) by Licensee in advance of the commencement of any labor. Should additional services be required, those services will also be billed at the following hourly rates: ROLE RATE Application Lead $125 /hr. Integration Lead/DBA $125 /hr. IT Project Manager $110 /hr. Billing Team Lead $104 /hr. Network Admin $105 /hr. 110 SOFTWARE AND SERVICES SUMMARY EXHIBIT A 1 Treatment Research Solutions @ PHMC SOFTWARE &SERVICES SUMMARY Streamlined RANT® & DUI-RANT™ Treatment Research Solutions at Public Health Management Corporation (PHMC) Contact: Meghan Love Product Director Treatment Research Solutions @ Public Health Management Corporation 1500 Market Street Centre Square, East Tower, 15th fl. Philadelphia, PA 19102 mlove@phmc.org (215) 399-0990 EIN # 23-7221025 Treatment Research Solutions @ Public Health Management Corporation (PHMC) professional services to Licensee as requested by Licensee consisting of: Network Services Hosting and maintenance of the streamlined RANT® and DUI-RANT™ websites and the underlying server and networking infrastructure. Availability of a “help desk” by phone or email messages to answer substantive questions about the intent of the RANT and DUI-RANT websites. Additional Requirements Any additional work, such as re-programming or generation of new reports or data analyses, will be billed separately at PHMC’s customary hourly rate outlined in SCHEDULE A – LICENSING AND DEVELOPMENT FEES. In addition, if web conference or on-site training(s) is/are requested, additional costs will be charged for time and travel-related expenses of PHMC staff. PHMC will submit a monthly invoice and work breakdown detailing the number of hours worked and services rendered. Maintenance and Support Escalation Procedures PHMC shall reasonably determine the Severity Level of errors and will make commercially reasonable efforts to provide a resolution designed to solve or temporarily by-pass a reported error, pursuant to the below protocols. If such error has been corrected in a maintenance release, Licensee must install and implement the applicable maintenance release; otherwise the update may be provided in the form of a temporary fix, procedure or routine, to be used until a maintenance release containing the permanent update is available. In all cases, resolution of issues by PHMC will require the Licensee to assist in the descriptive documentation and/or reproduction of the error, identify a Licensee contact person with whom PHMC can maintain contact to arrange for analysis, testing, systems, and other resources and other tasks in support of resolution of the Licensee's error and to whom status reports and requests for resources can be addressed. Priority Level HIGH: PHMC promptly initiates the following procedures: (1) assigns Client Support representative to correct the error on an expedited basis; (2) provides ongoing communication on the status of an update; and (3) begins to provide a temporary workaround or fix. Priority Level HIGH error means the (i) system is severely impacted or completely shut down, or (ii) system operations or mission-critical applications are down. Priority Level MEDIUM: PHMC assigns a Client Support representative to begin an update, and provides 111 SOFTWARE AND SERVICES SUMMARY EXHIBIT A 2 Treatment Research Solutions @ PHMC additional, escalated procedures as reasonably determined necessary by PHMC Client Support staff. PHMC exercises commercially reasonable efforts to provide a workaround or include a fix for the Severity Level 2 errors in the next maintenance release. A Severity Level 2 error means (i) the system is functioning with limited capabilities, or (ii) is unstable with periodic interruptions, or (iii) mission critical applications, while not being affected, have experienced significant system interruptions. Priority Level LOW: PHMC may include an update in the next maintenance release. A Severity Level 3 error means there (i) are errors in fully operational production systems, (ii) is a need to clarify procedures or information in documentation, or (iii) is a request for a product enhancement. Targeted Resolution Targeted Severity Targeted First Time and Status Management Level' Response Type Report Notification Management Contacts Severity Within 1 Continuous By Licensee Within 1 business Director of Client Level 1 business hours effort until agreement Day Services or the equivalent Resolved Severity 4 business Workaround Every other Within 2 business Director of Client Level 2 Hours or include fix working day Days Services or the equivalent in next Maintenance Release Severity 8 business Update may be N/A N/A Director of Client Level 3 Hours included in Services or the equivalent Next Maintenance release. Clarification is given. 112 Memorandum REPORT TO:City Commission FROM:John Van Delinder, Streets Superintendent Nicolas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Enter into Equipment Lease-Purchase Agreement with Caterpillar Financial Services for Two Road Graders and Approve Governmental Entity Resolution Authorizing Lease MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Enter into Equipment Lease-Purchase Agreement with Caterpillar Financial Services for Two Road Graders and Approve Governmental Entity Resolution Authorizing Lease. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:This item is in the FY23 Street Maintenance Fund 111 Budget (STR22) for $127,840 for annual leasing of two motor graders. Grading the residential streets is critical to safe travel of our citizens. Pulling the snow out from the curb so it can be blown into trucks and hauled away is important to parking in the downtown and other business areas. These graders will be all wheel drive, which increases our productivity. Newer equipment has fewer breakdowns and better fuel economy which means less time in the shop & fueling during a shift. The old grader's will be traded in. UNRESOLVED ISSUES:None ALTERNATIVES:Increase capital funding to purchase outright or reduce residential snow clearing services. FISCAL EFFECTS:This item is in the FY23 Street Maintenance Fund 111 Budget (STR22) for $127,840. Attachments: Grader Lease Document Report compiled on: January 3, 2023 113 © 2022 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, LET'S DO THE WORK, their respective logos, "Caterpillar Corporate Yellow", the "Power Edge" and Cat "Modern Hex" trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission. Complete and sign all documents in this package. Submit completed and signed documents by clicking FINISH at the end of your documents. NEXT Complete these five items to get started. Open and review your executed document package after you receive your confirmation email confirming all parties have signed. Register for MyCatFinancial to manage your account anytime and anywhere via desktop or with the free mobile app. Enroll in Auto Pay for one less thing to worry about. Skip the hassle of manually paying your bill every month and focus on running your business. REGISTER FOR MYCATFINANCIAL ENROLL IN AUTO PAY 1. Visit mycatfinancial.com and select your country/language. You can also download the free app on your mobile device from the App Store or Google Play. 2. Click CREATE ACCOUNT in the white box 3. Input the required registration information 4. Click CONTINUE 5. Enter the code sent to your email 6. Click VERIFY 7. Create your password 8. Click CONTINUE 9. Click LINK A CONTRACT 1.Login to MyCatFinancial and click ENROLL/MANAGE AUTO PAY in account settings (located at the top right of your screen) 2.Select the contracts you want to enroll in Auto Pay and click ENROLL 3.Enter your banking information for the recurring payment 4.That's it. Your payment will be automatically withdrawn from your account every month a. Contract Number: 001-70096226 b. Serial/Customer Number: EB500757, EB500755 CONTACT US c. Commencement Date:__________________________ Apply for a Cat Card Make a payment Enroll in Auto Pay Request a payoff quote Review your contracts and invoices And more! ACCOUNT FEATURES Have questions about your account? We can help. Hours: Monday – Friday | 7 a.m. – 6 p.m. CST Phone: 1-800-651-0567 Email: NABC.CustomerService@cat.com CAT® CARD The fast, easy way to pay for equipment, parts, rentals, service, and attachments wherever the job takes you —with no annual fee, competitive rates, flexible payment terms and more. Use your Cat Card at participating Cat dealers and Cat Rental Stores to get what you need and get back to work. Learn more at catcard.com. 114 Document Checklist – Governmental Lease US Document Checklist Finance Lease Page 1 of 1 4478571 20/12/2022 11:00:57 AM Ref. 1552177 Caterpillar: Confidential Green These documents were prepared especially for: CITY OF BOZEMAN, MONTANA P.O. BOX 1230 BOZEMAN, MT 59771-1230 Dealer: TRACTOR & EQUIPMENT CO., E400 Contract Number 001-70096226 Transaction Number: 4478571 Comments: Date: 12/20/2022 Time: 11:00:57 AM Dealer Executed Documents ☐Purchase Agreement ☐Dealer Invoice ☐All Credit Conditions Met *If any of these documents are altered, or if the Lessee wishes to add or delete documents, please contact your CFSC Credit Analyst to obtain acceptance of any and all changes. If you have any questions concerning these documents please call and ask for Checklist completed and confirmed by: Print Name: Date: These Documents do not constitute any offer or commitment to offer financing by Caterpillar Financial Services Corporation without Caterpillar Financial Services Corporation's expressed written approval. Customer Executed Documents Comments  Governmental Lease Document _____________________________________  Insurance-Liability and Physical Damage _____________________________________  Advance Payment (cross out if N/A)_____________________________________  Guaranty of Payment (cross out if N/A)_____________________________________  Tax Exemption Certif. (cross out if N/A)_____________________________________  Title applied for (cross out if N/A)_____________________________________  Customer Information Verification _____________________________________  Any necessary Riders/Amendments _____________________________________  CVA DOC ADDENDUM TO FINANCE LEASE (Multiple CVA offers at Doc Gen)_____________________________________  FINAL CVA AT ADDENDUM (Multiple CVA offers at Doc Gen)_____________________________________  FINAL CVA AT QUOTE (Customer Accepted CVA before Doc Gen)_____________________________________  Other __________________________________________________________  8038G / CG Form _____________________________________  Request for Minutes _____________________________________  Opinion of Counsel _____________________________________  Governmental Resolution to Lease, Purchase and/or Finance _____________________________________  Governmental Buyback Agreement (cross out if N/A)_____________________________________ x Aaron Funk 115 Governmental Equipment Lease-Purchase Agreement Contract Number 001-70096226 US Governmental Equipment Lease-Purchase Agreement 4478571 20/12/2022 11:00:57 AM Ref. 1552177 In reliance on your selection of the equipment described below (each a “Unit”), we have agreed to acquire and lease the Units to you, subject to the terms of this Agreement. Until this Agreement has been signed by our duly authorized representative, it will constitute an offer by you to enter into this Agreement with us on the terms stated herein. 2. DESCRIPTION OF THE UNITS DESCRIPTION OF UNITSWhether the Unit is new or used, the model number, the manufacturer, and the model name SERIAL/VINUnique ID number for this Unit ANNUALLEASE PAYMENTThis is due per period, as stated below in section 3. FINAL LEASE PAYMENT DELIVERY DATEEnter date machine was delivered to you. empty 1 New 2022 Caterpillar 150-15AWD Motor Grader EB500757 SEE ATTACHMENT $145,840.00 _________________ empty empty 1 New 2022 Caterpillar 150-15AWD Motor Grader EB500755 SEE ATTACHMENT $145,840.00 _________________ empty TERMS AND CONDITIONS 3. Lease Payments; Current Expense You will pay us the lease payments, including the final lease payment set forth above (collectively, the "Lease Payments"). Lease Payments will be paid by you to us according to the attached payment schedule; provided that all amounts owing hereunder will be due by the final lease payment date. A portion of each Lease Payment constitutes interest and the balance of each Lease Payment is payment of principal. The Lease Payments will be due without demand. You will pay the Lease Payments to us at CATERPILLAR FINANCIAL SERVICES CORP., P.O. BOX 100647, PASADENA, CA 91189- 0647 or such other location that we designate in writing. Your obligations, including your obligation to pay the Lease Payments due in any fiscal year, will constitute a current expense of yours for such fiscal year and will not constitute an indebtedness of yours within the meaning of the constitution and laws of the State in which you are located (the "State"). Nothing in this Agreement will constitute a pledge by you of any taxes or other moneys, other than moneys lawfully appropriated from time to time for the payment of the “Payments” (as defined in the last sentence of this Section) owing under this Agreement. You agree that, except as provided in Section 7, your duties and liabilities under this Agreement and any associated documents are absolute and unconditional. Your payment and performance obligations are not subject to cancelation, reduction, or setoff for any reason. You agree to settle all claims, defenses, setoffs, counterclaims and other disputes you may have with the Supplier, the manufacturer of the Unit, or any other third party directly with the Supplier, the manufacturer or the third party, as the case may be. You will not assert, allege or make any such claim, defense, setoff, counterclaim or other dispute against us or with respect to the payments due us under this Agreement. As used in this Agreement, "Payments" will mean the Lease Payments and any other amounts required to be paid by you. The portion of the Lease Payments constituting principal will bear interest (computed on the basis of actual days elapsed in a 360 day year) at the rate of 6.99% per annum. 4. Late Charges If we do not receive a Payment on the date it is due, you will pay to us, on demand, a late payment charge equal to the lesser of five percent (5%) of such Payment or the highest charge allowed by law. 5. Security Interest To secure your obligations under this Agreement, you grant us a continuing first priority security interest in each Unit (including any Additional Collateral), including all attachments, accessories and optional features (whether or not installed on such Units) and all substitutions, replacements, additions, and accessions, and the proceeds of all the foregoing, including, but not limited to, proceeds in the form of chattel paper. You authorize the filing of such financing statements and will, at your expense, do any act and execute, acknowledge, deliver, file, register and record any document, which we deem desirable to protect our security interest in each Unit and our rights and benefits under this Agreement. You, at your expense, will protect and defend our security interest in the Units and will keep the Units free and clear of any and all claims, liens, encumbrances and legal processes however and whenever arising. 6. Disclaimer of Warranties WE HAVE NOT MADE AND DO NOT MAKE ANY WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE UNITS. AS TO US, YOUR LEASE AND PURCHASE OF THE UNITS WILL BE ON AN "AS IS" AND "WHERE IS" BASIS AND "WITH ALL FAULTS”. Nothing in this Agreement is intended to limit, waive, abridge or otherwise modify any rights, claims, or causes of action that you may have against any person or entity other than us. 1. PARTIES LESSOR (“we”, “us”, or “our”):LESSEE (“you” or “your”): CATERPILLAR FINANCIAL SERVICES CORPORATION 2120 West End Avenue Nashville, TN 37203 CITY OF BOZEMAN, MONTANA P.O. BOX 1230 BOZEMAN, MT 59771-1230 116 US Governmental Equipment Lease-Purchase Agreement 4478571 20/12/2022 11:00:57 AM Ref. 1552177 7. Non-Appropriation You have an immediate need for, and expect to make immediate use of, the Units. This need is not temporary or expected to diminish during the term of this Agreement. To that end, you agree, to the extent permitted by law, to include in your budget for the current and each successive fiscal year during the term of this Agreement, a sufficient amount to permit you to discharge your obligations under this Agreement. Notwithstanding any provision of this Agreement to the contrary, we and you agree that, in the event that prior to the commencement of any of your fiscal years you do not have sufficient funds appropriated to make the Payments due under this Agreement for such fiscal year, you will have the option of terminating this Agreement as of the date of the commencement of such fiscal year by giving us sixty (60) days prior written notice of your intent to terminate. No later than the last day of the last fiscal year for which appropriations were made for the Payments (the "Return Date"), you will return to us all of the Units, at your sole expense, in accordance with Section 14, and this Agreement will terminate on the Return Date without penalty or expense to you and you will not be obligated to pay the Lease Payments beyond such fiscal year; provided, that you will pay all Payments for which moneys have been appropriated or are otherwise available; and provided further, that you will pay month-to-month rent at the rate set by us for each month or part of any month that you fail to return the Units. 8.Tax Warranty You will, at all times, do and perform all acts and things necessary and within your control to ensure that the interest component of the Lease Payments will, for the purposes of Federal income taxation, be excluded from our gross income. You will not permit or cause your obligations under this Agreement to be guaranteed by the Federal Government or any branch or instrumentality of the Federal Government. You will use the Units for the purpose of performing one or more of your governmental functions consistent with the scope of your authority and not in any trade or business carried on by a person other than you. You will report this Agreement to the Internal Revenue Service by filing Form 8038G, 8038GC or 8038, as applicable. Failure to do so will cause this Agreement to lose its tax exempt status. You agree that if the appropriate form is not filed, the interest rate payable under this Agreement will be raised to the equivalent taxable interest rate. If the use, possession or acquisition of the Units is determined to be subject to taxation, you will pay when due all taxes and governmental charges assessed or levied against or with respect to the Units. 9. Assignment You may not, without our prior written consent, by operation of law or otherwise, assign, transfer, pledge, hypothecate or otherwise dispose of your right, title and interest in and to this Agreement and/or the Units and/or grant or assign a security interest in this Agreement and/or the Units, in whole or in part. We may not transfer, sell, assign, pledge, hypothecate, or otherwise dispose of our right, title and interest in and to this Agreement and/or the Units and/or grant or assign a security interest in this Agreement and/or the Units, in whole or in part. 10.Indemnity To the extent permitted by law, you assume liability for, agree to and do indemnify, protect and hold harmless us and our employees, officers, directors and agents from and against any and all liabilities, obligations, losses, damages, injuries, claims, demands, penalties, actions, costs and expenses (including reasonable attorney's fees), of whatsoever kind and nature, arising out of the use, condition (including, but not limited to, latent and other defects and whether or not discoverable by you or us), operation, ownership, selection, delivery, storage, leasing or return of any item of Units, regardless of where, how and by whom operated, or any failure on your part to accept the Units or otherwise to perform or comply with any conditions of this Agreement. 11.11. Insurance; Loss and Damage You bear the entire risk of loss, theft, destruction or damage to the Units from any cause whatsoever. No loss, theft, destruction or damage of the Units will relieve you of the obligation to make Lease Payments or to perform any obligation owing under this Agreement. You agree to keep the Units insured to protect all of our interests, at your expense, for such risks, in such amounts, in such forms and with such companies as we may require, including but not limited to fire and extended coverage insurance, explosion and collision coverage, and personal liability and property damage liability insurance. Any insurance policies relating to loss or damage to the Units will name us as loss payee as our interests may appear and the proceeds may be applied toward the replacement or repair of the Units or the satisfaction of the Payments due under this Agreement. You agree to use, operate and maintain the Units in accordance with all laws, regulations and ordinances and in accordance with the provision of any policies of insurance covering the Units, and will not rent the Units or permit the Units to be used by anyone other than you. You agree to keep the Units in good repair, working order and condition and house the Units in suitable shelter, and to permit us or our assigns to inspect the Units at any time and to otherwise protect our interests in the Units. If any Unit is customarily covered by a maintenance agreement, you will furnish us with a maintenance agreement by a party acceptable to us. 12. Default; Remedies An “Event of Default” will occur if (a) you fail to pay any Payment when due and such failure continues for ten (10) days after the due date for such Payment or (b) you fail to perform or observe any other covenant, condition, or agreement to be performed or observed by you under this Agreement and such failure is not cured within twenty (20) days after written notice of such failure from us. Upon an Event of Default, we will have all rights and remedies available under applicable law. In addition, we may declare all Lease Payments due or to become due during the fiscal year in which the Event of Default occurs to be immediately due and payable by you and/or we may repossess the Units by giving you written notice to deliver the Units to us in the manner provided in Section 14, or in the event you fail to do so within ten (10) days after receipt of such notice, and subject to all applicable laws, we may enter upon your premises and take possession of the Units. Further, if we financed your obligations under any extended warranty agreement such as an Equipment Protection Plan, Extended Service Contract, Extended Warranty, Customer Service Agreement, Total Maintenance and Repair Agreement or similar agreement, we may cancel such extended warranty agreement on your behalf and receive the refund of the extended warranty agreement fees that we financed but had not received from you as of the date of the Event of Default. 13.Miscellaneous This Agreement may not be modified, amended, altered or changed except by a written agreement signed by you and us. In the event any provision of this Agreement is found invalid or unenforceable, the remaining provisions will remain in full force and effect. This Agreement, together with exhibits, constitutes the entire agreement between you and us and supersedes all prior and contemporaneous writings, understandings, agreements, solicitations, documents and representations, expressed or implied. Any terms and conditions of any purchase order or other documents submitted by you in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement will not be binding on us and will not apply to this Agreement. You agree that we may correct patent errors in this Agreement and fill in blanks including, for example, correcting or filling in serial numbers, VIN numbers, and dates. Any notices required to be given under this Agreement will be given to the parties in writing and by certified mail at the address provided in this Agreement, or to such other addresses as each party may 117 US Governmental Equipment Lease-Purchase Agreement 4478571 20/12/2022 11:00:57 AM Ref. 1552177 substitute by notice to the other, which notice will be effective upon its receipt. 14. Title; Return of Units Notwithstanding our designation as “Lessor,” we do not own the Units. Legal title to the Units will be in you so long as an Event of Default has not occurred, and you have not exercised your right of non-appropriation. If an Event of Default occurs or if you non-appropriate, full and unencumbered title to the Units will pass to us without the necessity of further action by the parties, and you will have no further interest in the Units. If we are entitled to obtain possession of any Units or if you are obligated at any time to return any Units, then (a) title to the Units will vest in us immediately, and (b) you will, at your expense, promptly deliver the Unit to us properly protected and in the condition required by Section 11. You will deliver the Unit, at our option, (i) to the nearest Caterpillar dealer selling equipment of the same type as the Unit; or (ii) on board a carrier named by us and shipping the Unit, freight collect, to a destination designated by us. If the Unit is not in the condition required by Section 11, you must pay us, on demand, all costs and expenses incurred by us to bring the Unit into the required condition. Until the Units are returned as required above, all terms of this Agreement will remain in full force and effect including, without limitation, your obligation to pay Lease Payments and to insure the Units. 15. Other Documents In connection with the execution of this Agreement, you will cause to be delivered to us (i) either (A) a certified copy of your authorizing resolution substantially in the form attached as Attachment B and a copy of the minutes of the relevant meeting or (B) an opinion of your counsel substantially in the form attached as Attachment C; (ii) a copy of the signed Form filed with the Internal Revenue Service required in Section 8 above as Attachment D; and (iii) any other documents or items required by us. 16. Applicable Law This Agreement will be governed by the laws, excluding the laws relating to the choice of law, of the State in which you are located. SIGNATURES LESSOR CATERPILLAR FINANCIAL SERVICES CORPORATION LESSEE CITY OF BOZEMAN, MONTANA Signature ____________________________________Signature ____________________________________ Name (Print)____________________________________Name (Print)____________________________________ Title ____________________________________Title ____________________________________ Date ____________________________________Date ____________________________________ Jeff Mihelich City Manager 118 Attachment B Contract Number 001-70096226 US Government Resolution to Lease, Purchase and_or Finance 4478571 20/12/2022 11:00:57 AM Ref. 1552177 GOVERNMENTAL ENTITY RESOLUTION TO LEASE, PURCHASE AND/OR FINANCE WHEREAS, the laws of the State of Montana (the "State") authorize CITY OF BOZEMAN, MONTANA (the “Governmental Entity”), a duly organized political subdivision, municipal corporation or similar public entity of the State, to purchase, acquire and lease personal property for the benefit of the Governmental Entity and its inhabitants and to enter into any necessary contracts; and the Governmental Entity wants to lease, purchase and/or finance equipment (“Equipment”) from Caterpillar Financial Services Corporation and/or an authorized Caterpillar dealer (“Caterpillar”) by entering into that certain Governmental Equipment Lease-Purchase Agreement (the "Agreement") with Caterpillar; and the form of the Agreement has been presented to the governing body of the Governmental Entity at this meeting. RESOLVED, that: (i) the Agreement, including all schedules and exhibits attached to the Agreement, is approved in substantially the form presented at the meeting, with any Approved Changes (as defined below), (ii) the Governmental Entity enter into the Agreement with Caterpillar and (iii) the Agreement is adopted as a binding obligation of the Governmental Entity; and that changes may later be made to the Agreement if the changes are approved by the Governmental Entity’s counsel or members of the governing body of the Governmental Entity signing the Agreement (the “Approved Changes”) and that the signing of the Agreement and any related documents is conclusive evidence of the approval of the changes; and that the persons listed below, who are the incumbent officers of the Governmental Entity (the “Authorized Persons”): [PLEASE INSERT NAME AND TITLE OF EACH AUTHORIZED PERSON BELOW] Name (Print or Type)Title (Print or Type) ______________________________________________________ ______________________________________________________ ______________________________________________________ be, and each is, authorized, directed and empowered, on behalf of the Governmental Entity, to (i) sign and deliver to Caterpillar, and its successors and assigns, the Agreement and any related documents, and (ii) take or cause to be taken all actions he/she deems necessary or advisable to acquire the Equipment, including the signing and delivery of the Agreement and related documents; and that the signatory below is authorized to attest to these resolutions and affix the seal of the Governmental Entity to the Agreement, these resolutions, and any related documents; and that nothing in these resolutions, the Agreement or any other document imposes a pecuniary liability or charge upon the general credit of the Governmental Entity or against its taxing power, except to the extent that the payments payable under the Agreement are special limited obligations of the Governmental Entity as provided in the Agreement; and that a breach of these resolutions, the Agreement or any related document will not impose any pecuniary liability upon the Governmental Entity or any charge upon its general credit or against its taxing power, except to the extent that the payments payable under the Agreement are special limited obligations of the Governmental Entity as provided in the Agreement; and that the authority granted by these resolutions will apply equally and with the same effect to the successors in office of the Authorized Persons. I, __________________________, ___________________ of CITY OF BOZEMAN, MONTANA, certify that the resolutions above are a full, true and correct copy of resolutions of the governing body of the Governmental Entity. I also certify that the resolutions were duly and regularly passed and adopted at a meeting of the governing body of the Governmental Entity. I also certify that such meeting was duly and regularly called and held in all respects as required by law, at the Governmental Entity’s office. I also certify that at such meeting, a majority of the governing body of the Governmental Entity was present and voted in favor of these resolutions. I also certify that these resolutions are still in full force and effect and have not been amended or revoked. IN WITNESS of these resolutions, the signatory named below executes this document on behalf of the Governmental Entity. SIGNATURE [To be signed by authorized individual.] Signature _________________________________________ Title _________________________________________ Date _________________________________________ Jeff Mihelich City Manager Mike Maas City Clerk City Manager 119 Purchase Agreement Contract Number 001-70096226 US Purchase Agreement 4478571 20/12/2022 11:01:07 AM Ref. 1552177 Caterpillar: Confidential Green This Purchase Agreement is between TRACTOR & EQUIPMENT CO. ("Vendor") and Caterpillar Financial Services Corporation ("Cat Financial"). Vendor agrees to sell to Cat Financial and Cat Financial agrees to buy from Vendor the equipment described below (the "Unit(s)"), subject to the terms and conditions set forth below and on the reverse side hereof. Description of Unit(s)Serial#VIN #Freight Total Price (1) 150-15AWD CATERPILLAR Motor Grader EB500757 $$288,500.00 (1) 150-15AWD CATERPILLAR Motor Grader EB500755 $$296,000.00 Lessee: CITY OF BOZEMAN, MONTANA P.O. BOX 1230 BOZEMAN, MT 59771-1230 Subtotal Federal Excise Tax Other Tax Total Purchase Price Unit(s) Delivery Point: 814 N ROUSE BOZEMAN, MT 59715-2929 $584,500.00 $0.00 $0.00 $584,500.00 See next page for additional terms and conditions. SIGNATURES CATERPILLAR FINANCIAL SERVICES CORPORATION TRACTOR & EQUIPMENT CO. Signature ______________________________________Signature ______________________________________ Name (Print)______________________________________Name (Print)______________________________________ Title ______________________________________Title ______________________________________ Date ______________________________________Date ______________________________________ 120 Additional Terms and Conditions Contract Number 001-70096226 US Purchase Agreement 4478571 20/12/2022 11:01:07 AM Ref. 1552177 Caterpillar: Confidential Green 1. The lessee named on the front hereof (the "Lessee") has selected the Unit(s), instructed Cat Financial to purchase the Unit(s) from Vendor, and agreed to lease the Unit(s) from Cat Financial. 2. Cat Financial (or its assignee) will have no obligation hereunder (and any sums previously paid by Cat Financial to Vendor with respect to the Unit(s) shall be promptly refunded to Cat Financial) unless (a) all of the conditions set forth in Section 1.3 (if a master lease agreement) or Section 1 (if a non-master lease agreement) of the lease with the Lessee covering the Unit(s) have been timely fulfilled and (b) the Lessee has not communicated to Cat Financial (or its assignee), prior to "Delivery" (as hereinafter defined) of the Unit(s), an intent not to lease the Unit(s) from Cat Financial. All conditions specified in this paragraph shall be deemed timely fulfilled unless prior to Delivery of the Unit(s), Cat Financial (or its assignee) shall notify Vendor to the contrary in writing. which shall include fax or email. "Delivery" shall mean the later of the time (a) Cat Financial executes this Purchase Agreement or (b) the Lessee or its agent takes control and/or physical possession of the Unit(s). 3. Upon timely satisfaction of the conditions specified in Paragraph 2 above, ownership, title and risk of loss to the Unit(s) shall transfer to Cat Financial (or its assignee) upon Delivery of the Unit(s). 4. Vendor warrants that (a) upon Delivery of the Unit(s), Cat Financial (or its assignee) will be the owner of and have absolute title to the Unit(s) free and clear of all claims, liens, security interests and encumbrances and the description of the Unit(s) set forth herein is correct and (b) the Unit Transaction Price set forth on the front hereof for each unit of Unit(s) leased under a lease is equal to such Unit(s)'s fair market value. 5. Vendor shall forever warrant and defend the sale of the Unit(s) to Cat Financial (or its assignee), its successors and assigns, against any person claiming an interest in the Unit(s). 6. Provided that no event of default exists under any agreement between Lessee and Cat Financial and upon timely satisfaction of the conditions specified in Paragraph 2 above, and unless otherwise agreed to in this Purchase Agreement, Cat Financial (or its assignee) shall pay Vendor the total Purchase Price set forth on the front hereof for the Unit(s) within three business days following (a) the receipt and approval by Cat Financial of all documentation deemed necessary by Cat Financial in connection with the lease transaction and (b) all credit conditions have been satisfied. 7. Vendor shall deliver the Unit(s) to the Lessee at the delivery point set forth on the front hereof. 8. This Purchase Agreement may be assigned by Cat Financial to a third party. Vendor hereby consents to any such assignment. 9. This Purchase Agreement shall become effective only upon execution by Cat Financial. 121 Payment Schedule Contract Number 001-70096226 US Payment Schedule 4478571 20/12/2022 11:01:07 AM Ref. 1552177 1. PARTIES LESSOR empty LESSEE empty CATERPILLAR FINANCIAL SERVICES CORPORATION empty CITY OF BOZEMAN, MONTANA 2. PAYMENT SCHEDULE PAYMENT NUMBER PAYMENT DATE PAYMENT AMOUNT 1 - 5 _______________________$91,882.91 6 _______________________$291,680.00 SIGNATURES CATERPILLAR FINANCIAL SERVICES CORPORATION CITY OF BOZEMAN, MONTANA Signature _________________________________________Signature _________________________________________ Name (Print)_________________________________________Name (Print)_________________________________________ Title _________________________________________Title _________________________________________ Date _________________________________________Date _________________________________________ Jeff Mihelich City Manager 122 Opinion of Counsel US Opinion of counsel 4478571 20/12/2022 11:01:07 AM Ref. 1552177 Re: Governmental Equipment Lease-Purchase Agreement (Contract Number 001-70096226) (the “Lease”) Between CITY OF BOZEMAN, MONTANA (“Lessee”) and Caterpillar Financial Services Corporation (“Lessor”) Sir/Madam: I am an attorney for Lessee, and in that capacity, I am familiar with the above-referenced transaction, the Lease, and all other documents pertaining to the Lease (the Lease and such other documents pertaining to the Lease being referred to as the “Lease Agreements”). Based on my examination of these and such other documents, records and papers and matters of fact and laws as I deemed to be relevant and necessary as the basis for my opinion set forth below, upon which opinion Lessor and any subsequent assignee of Lessor’s interest may rely, it is my opinion that: 1. Lessee is a fully constituted political subdivision or agency duly organized and existing under the Constitution and laws of the State of Montana (the “State”), and is authorized by such Constitution and laws (i) to enter into the transaction contemplated by the Lease Agreements and (ii) to carry out its obligations thereunder. 2. The Lease Agreements (i) have been duly authorized, executed and delivered by Lessee and (ii) constitute valid, legal and binding obligations and agreements of Lessee, enforceable against Lessee in accordance with their terms, assuming due authorization and execution thereof by Lessor. 3. No further approval, license, consent, authorization or withholding of objections is required from any federal, state or local governmental authority with respect to the entering into or performance by Lessee of the Lease Agreements and the transactions contemplated by the Lease Agreements. 4. Lessee has sufficient appropriations or other funds available to pay all amounts due under the Lease Agreements for the current fiscal year. 5. The interest payable to Lessor by Lessee under the Lease Agreements is exempt from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended. 6. The entering into and performance of the Lease Agreements will not (i) conflict with, or constitute a breach or violation of, any judgment, consent decree, order, law, regulation, bond, indenture or lease applicable to Lessee, or (ii) result in any breach of, or constitute a default under, or result in the creation of, any lien, charge, security interest or other encumbrance upon any assets of Lessee or the Units (as defined in the Lease) pursuant to any indenture, mortgage, deed of trust, bank loan, credit agreement or other instrument to which Lessee is a party, or by which it or its assets may be bound. 7. No litigation or proceeding is pending or, to the best of my knowledge, threatened to, or which may, (a) restrain or enjoin the execution, delivery or performance by Lessee of the Lease Agreements, (b) in any way contest the validity of the Lease Agreements, (c) contest or question (i) the creation or existence of Lessee or its governing body or (ii) the authority or ability of Lessee to execute or deliver the Lease Agreements or to comply with or perform its obligations under the Lease Agreements. There is no litigation or proceeding pending or, to the best of my knowledge, threatened that seeks to or could restrain or enjoin Lessee from annually appropriating sufficient funds to pay the Lease Payments (as defined in the Lease) or other amounts contemplated by the Lease Agreements. In addition, I am not aware of any facts or circumstances which would give rise to any litigation or proceeding described in this paragraph. 8. The Units are personal property and, when subjected to use by Lessee, will not be or become fixtures under the laws of the State. 9. The authorization, approval and execution of the Lease Agreements, and all other proceedings related to the transactions contemplated by the Lease Agreements, have been performed in accordance with all applicable open meeting, public records, public bidding and all other applicable laws, rules and regulations of the State. 10. The appropriation of moneys to pay the Lease Payments coming due under the Lease and any other amounts contemplated by the Lease Agreements does not and will not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee. 11. The Lessor will have a perfected security interest in the Units upon the filing of an executed UCC-1 or other financing statement at the time of acceptance of the Units with the Secretary of State for the State. SIGNATURE CITY OF BOZEMAN, MONTANA Name(Print):_____________________________________Date:_____________________________________ Signature:_____________________________________Address:_____________________________________ Title:__________________________________________________________________________ _____________________________________ Greg Sullivan City Attorney 123 CATERPILLAR INSURANCE COMPANY (CIC) SELECTION FORM US CAT INSURANCE SELECTION FORM 4478571 20/12/2022 11:01:07 AM Ref. 1552177 Caterpillar: Confidential Green Before financing your equipment, you must arrange physical damage insurance on the equipment identified below. The insurance may be provided through an insurance agent or insurance company of your choice, provided the insurance company satisfies minimum financial requirements. As an alternative to obtaining your own insurance, you may elect to have your equipment insured under coverage arranged by Caterpillar Insurance Services Corporation, that has been designed specifically for the purchasers of Cat® equipment. Please complete this form if you elect to insure your equipment with Caterpillar Insurance Company (CIC). CIC Physical Damage Insurance Policy Summary Please note: This is only a brief description of the CIC Physical Damage Insurance Program. Contractual provisions contained in the policy will govern. Coverage CIC Physical Damage Insurance protects your equipment against physical damage losses, including collision, fire, theft, vandalism, upset or overturn, floods, sinking, earthquakes and other unfortunate acts of nature. The protection has been designed for owners of heavy equipment and provides superior benefits you most likely would not find in other plans. The CIC Physical Damage Insurance does include normal exclusions. Some important exclusions are wear and tear, rust, loss of income, war, nuclear damage, and mechanical breakdown, automobiles, watercraft, waterborne shipments, tires or tubes or mobile track belts damaged by blow-out, puncture, and road damage. Repairs When a covered loss occurs, this plan will pay for Cat® replacement parts on all your new or used Caterpillar equipment.On all equipment from other manufacturers, the plan will pay for comparable replacement parts. Transportation Your CIC plan will pay for round-trip transportation of covered damaged equipment to and from your Cat dealer’s repair facility, up to $2,500 limit. Rental Reimbursement The plan allows for rental costs up to $2,500 that you incur to rent similar equipment following a covered loss. You are automatically protected with up to $100,000 of coverage for damage to the similar equipment you rent. Claims In the event of a total loss, the policy will pay the greatest of the following: - The payoff value of the loan on the damaged parts or equipment as of the date of loss or - The actual cash value of that covered property; or - The cost of replacing that property with property of like kind and quality The policy will pay 10% of scheduled loss, up to a $10,000 maximum for debris removal. The policy will pay fire department service fees up to $5,000. Deductible $1,000 Construction and Agricultural Equipment Deductibles: $5,000 deductible all logging Equipment Customer Service If you have any questions or need additional details, see your Authorized Cat Dealer or call CIC toll free at 1-800-248-4228. You may also e-mail CIC at physicaldamage@cat.com POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM RISK INSURANCE ACT OF 2002 (as extended by the Terrorism Risk Insurance Extension Act of 2005, and as amended in 2007) You are hereby notified that under the Terrorism Risk Insurance Act, as amended in 2007, the definition of act of terrorism has changed. As defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury - in concurrence with the Secretary of State, and the Attorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property,or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage, any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act, as amended in 2007. However, your policy may contain other exclusions, which might affect your coverage, such as an exclusion for nuclear events. Under the formula, the United States Government generally reimburses 85% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act, as amended, contains a $100 billion cap that limits U.S. Government reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds $100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced. The portion of your premium that is attributable to coverage for terrorist acts certified under the Act is: $ 0.00 124 US CAT INSURANCE SELECTION FORM 4478571 20/12/2022 11:01:07 AM Ref. 1552177 Caterpillar: Confidential Green APPLICATION FOR CIC PHYSICAL DAMAGE INSURANCE Model #Equipment Description Serial #VIN Value Including Total Tax Pymt Method-3 Total Premium Pymt Method-1 Finance Pymt 1. 150-15AWD Caterpillar Motor Grader EB500757 $288,500.00 $16,270.00 $3,967.04 1. 150-15AWD Caterpillar Motor Grader EB500755 $296,000.00 $16,695.00 $4,070.66 ___________________________________ Marsha Blaisdell, Authorized Insurance Producer 125 US CAT INSURANCE SELECTION FORM 4478571 20/12/2022 11:01:07 AM Ref. 1552177 Caterpillar: Confidential Green Arranged by Caterpillar Insurance Services Corporation I understand that the total insurance premium for 60 months will be $32,965.00, which is $6593.00 per year based upon the total equipment value of $584,500.00. Method 1 I will finance the insurance premium, including finance charges, of $8,037.70 per scheduled equipment payment. The finance charge is calculated at 6.99% per annum on the total insurance premium covering the full term of the finance agreement. By choosing Method 1 and signing this document you are agreeing to finance the insurance along with the equipment payments with Caterpillar Financial Services Corporation. Method 2 I desire coverage for an initial 12 month term. I will pay the $6593.00 premium and return the payment with the signed equipment documents. Please make check payable to CIC. Method 3 I will pay the total premium and return the payment with the signed equipment documents. Please make check payable to CIC. Method 4 I decline Caterpillar Insurance. I elect to obtain my own commercial insurance on the equipment shown from an agent or insurance company of my choice. I understand that the quote I receive is not a binder of insurance. If I elect to obtain coverage from CIC, coverage will be effective in accordance with the terms and conditions of the issued Policy and that I may terminate the coverage at any time with advance written notice. I acknowledge that I have been notified that, under the TERRORISM RISK INSURANCE ACT of 2002 (as extended by the Terrorism Risk Insurance Extension Act of 2005), any losses caused by certified acts of terrorism under my policy will result in coverage under my policy that will be partially reimbursed by the United States as outlined in the attached policyholder disclosure notification. I also acknowledge I have been advised that, if I accept this insurance, an appointed licensed insurance producer will receive commission compensation. Customer Name: CITY OF BOZEMAN, MONTANA Dealer Name: TRACTOR & EQUIPMENT CO. Please note: If you would like a no obligation quote on your additional equipment, call 1-800-248-4228 extension 5754. Accepted By:_______________________________________Name (PRINT):_______________________________________ Title:_______________________________________Date:_______________________________________ x Jeff Mihelich City Manager 126 US CAT INSURANCE SELECTION FORM 4478571 20/12/2022 11:01:07 AM Ref. 1552177 Caterpillar: Confidential Green Fraud Warning: Applicable in AL, AR, DC, LA, MD, NM, RI and WV: Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss or benefit or knowingly (or willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. *Applies in MD Only. Applicable in CO: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Applicable in FL and OK: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony (of the third degree)*. *Applies in FL Only. Applicable in KS: Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act. Applicable in KY, NY, OH and PA: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties (not to exceed five thousand dollars and the stated value of the claim for each such violation)*. *Applies in NY Only. Applicable in ME, TN, VA and WA: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for thepurpose of defrauding the company. Penalties (may)* include imprisonment, fines and denial of insurance benefits. *Applies in ME Only. Applicable in NJ:Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. Applicable in OR: Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to any material fact may be violating state law. Applicable in PR: Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years. 127 INSURANCE SELECTION FORM-OUTSIDE INSURANCE CARRIER Form No. USINSUREOUTSIDE_610 Dealer Code: E400US Insurance Selection Form - Outside Carrier 4478571 20/12/2022 11:01:17 AM Ref. 1552177 Before funding your equipment, you must arrange physical damage insurance on the equipment identified below. The insurance may be provided through an insurance agent or insurance company of your choice, provided the insurance company satisfies minimum financial requirements. Physical Damage coverage must show that Caterpillar Financial Services Corporation has been named as loss payee for the equipment's replacement value. The deductible must be shown. Liability Coverage must be a minimum of $1,000,000 or combined coverage for bodily injury and property damage per occurrence. Caterpillar Financial Services Corporation must be named as additional insured. As an alternative to obtaining your own Physical Damage coverage, you may elect to have your equipment insured under coverage arranged by Caterpillar Financial Services Corporation designed specifically for the purchasers of Caterpillar equipment. If a quote is not included in your document package, please contact your Caterpillar Dealer, call 1-800-248-4228, or e-mail PhysicalDamage@cat.com. Please complete this form to provide contact information for your liability coverage, as well as your physical damage coverage if you did not elect Caterpillar Insurance for physical damage. Transaction Number:001-70096226 Dealer Name: TRACTOR & EQUIPMENT CO. Customer’s Name: CITY OF BOZEMAN, MONTANA Address:P.O. BOX 1230 BOZEMAN, MT 59771-1230 I have entered into the above agreement under which I am responsible for providing insurance against ALL RISKS of direct physical loss or damage for the actual cash value of the following equipment, subject to common exclusions such as damage caused by corrosion, rust, mechanical or electrical breakdown, etc. Model #Equipment Description Serial #VIN#Value Including Tax 1. 150-15AWD 2022 Caterpillar Motor Grader EB500757 $288,500.00 1. 150-15AWD 2022 Caterpillar Motor Grader EB500755 $296,000.00 _________________________________________________________________________________________ Insurance Agency Insurance Agent’s Name _________________________________________________________________________________________ Street Address _________________________________________________________________________________________ City State Zip _________________________________________________________________________________________ Agent’s Phone Number Fax Number E-mail Address TO CUSTOMER’S INSURANCE AGENT I hereby instruct you to add Caterpillar Financial Services Corporation as a Loss Payee for physical damage and as an Additional Insured for general liability: [ ] To my existing policy number(s)_____________________________________, which now provide the coverage required, or [ ] To a policy or policies which you are authorized to issue in the name listed above which will provide the coverage required. Signature _________________________________________ Name(Print)_________________________________________ Title _________________________________________ Date _________________________________________ PROCESSING OF THIS TRANSACTION MAY BE HELD PENDING RECEIPT OF THIS INFORMATION PLEASE FORWARD A COPY OF THE CERTIFICATE OR BINDER EVIDENCING COVERAGE TO: CATERPILLAR FINANCIAL SERVICES CORPORATION 2120 West End Avenue Nashville, TN 37203 PLEASE ATTACH A COPY OF THIS NOTICE TO PROOF OF INSURANCE Jeff Mihelich City Manager 128 CUSTOMER INFORMATION VERIFICATION Contract Number 001-70096226 US Customer Information Verification Form 4478571 20/12/2022 11:01:17 AM Ref. 1552177 Caterpillar: Confidential Green CUSTOMER INFORMATION CHANGES TO CUSTOMER INFORMATION The changes above apply to: ☐ Current Request for financing ☐ All active contracts TAX INFORMATION Tax Exempt** Non-Exempt Asset outside the City limits Yes ______ No _______ **A Tax Exemption Certificate is required for all tax exempt customer. If you are tax exempt – please enclose a current tax exemption certificate to be returned with your documents. AUTO PAY INFORMATION (Checking Account Information) ☐I decline Auto Pay authorization at this time ☐I request and authorize Caterpillar Financial Services Corporation ("Cat Financial") to begin debiting my account for the amounts due under the contract(s) indicated below, with debits made to my account and withdrawn by Cat Financial, provided my account has sufficient collected funds to pay the debit when presented. If my financial institution dishonors any debit for any reason, Cat Financial may issue another debit in substitution for the dishonored debit and will have no liability on account of a dishonored debit. I agree that Cat Financial's rights relating to each debit will be the same as if I had personally signed a check. I agree that I will be liable to make payment promptly, including any applicable late fees, if any debit is not paid, unless Cat Financial or its agents or affiliates are directly responsible for the nonpayment. I acknowledge that I may cancel this authorization at any time by written notice to Cat Financial, which notice will be effective 10 days after receipt; however, my cancellation of this authorization does not terminate, cancel or reduce my obligations under the contract(s). I understand that Cat Financial will not notify me in advance of any withdrawal and I agree to waive all pre-notification requirements in respect of all debits drawn under this authorization. Please use the information below to set up Auto Pay on: Bank Name Account Name (exactly as it appears on Check) Routing Number 9 digits Account Number 3-17 digits Re-Enter Account Number 3-17 digits Customer Name:CITY OF BOZEMAN, MONTANA Physical Address:121 N. ROUSE BOZEMAN, MT, 59715-3740 Mailing Address:P.O. BOX 1230 BOZEMAN, MT, 59771-1230 Equipment Location:814 N ROUSE BOZEMAN, MT, 59715-2929 Business Phone:4065823200 E-mail Address:lduetsch@bozeman.net 129 US Customer Information Verification Form 4478571 20/12/2022 11:01:17 AM Ref. 1552177 Caterpillar: Confidential Green CUSTOMER SIGNATURE The information above has been reviewed and is accurate to the best of my knowledge. For a joint account, all account holders must sign if more than one signature is required on checks issued against the account. _________________________________________ Name _________________________________________ Title _________________________________________ empty For questions or assistance with Auto Pay, or for information about your account, please contact Customer Service, 1-800-651-0567. Jeff Mihelich City Manager 130 Explanation of Content Contract Number 001-70096226 US Explanation of Content (GOV Lease - 8038G / 8038GC)4478571 20/12/2022 11:01:17 AM Ref. 1552177 Caterpillar: Confidential Green Thank you for selecting Caterpillar products and for allowing Caterpillar Financial Services Corporation to serve your financing needs. Included in this document package are all of the forms that will be needed for standard tax exempt lease purchase transactions. The forms have been designed to be clear, concise and user friendly. We have also provided a brief explanation of the purpose of each form. If you wish to discuss any of the forms or have any questions about any aspect of this transaction, we encourage you to contact your Caterpillar Dealer or Caterpillar Financial Services Corporation at 1- 866-263-3791 Option # 5. A. Governmental Equipment Lease-Purchase Agreement. The Governmental Lease-Purchase Agreement contains the terms that govern each transaction between us. It is the standard Caterpillar Financial Services Corporation tax exempt lease-purchase agreement, and provides that we will lease to you the equipment described therein pursuant to a full payout amortization schedule. A new Governmental Equipment Lease-Purchase Agreement will have to be signed in connection with each transaction. B. Lessee's Authorizing Resolution. The Authorizing Resolution is evidence you have taken the necessary governing body actions to approve the Governmental Equipment Lease-Purchase Agreement. Although the authorizing instrument is often a resolution, it may also take other forms such as an ordinance. We are agreeable to using your customary or standard form provided it contains specific approval for the lease-purchase agreement, designates persons who are authorized to sign on your behalf and either approves the document forms or delegates this authority to a named official C. Verification of Insurance. The Certificate of Insurance is intended to supply information regarding the insurance coverage for the equipment being lease-purchased. You will need to supply the requested information to us so we can verify coverage. D. Opinion of Counsel. An opinion of counsel is required in connection with each Governmental Equipment Lease-Purchase Agreement. The opinion is intended to confirm that you have complied with all open meeting laws, publication and notice requirements, procedural rules for governing body meetings, and any other relevant state or local government statutes, ordinances, rules or regulations. We would be unable to confirm compliance with these laws and regulations ourselves absent long delays and higher costs so we rely upon the opinion of your attorney since he/she may have been involved in the process to approve our transaction and is an expert in the laws and regulations to which you are subject. The opinion also confirms that you are an entity eligible to issue tax-exempt obligations and that the Governmental Equipment Lease-Purchase Agreement will be treated as tax-exempt as it is your obligation to ensure that you have complied with relevant tax law. E. Form of 8038G or GC. Form 8038 is required by the Internal Revenue Service in order to monitor the amount of tax-exempt obligations issued. You have to execute a Form 8038 for each Governmental Equipment Lease-Purchase Agreement. Whether a Form 8038 G or GC is required depends on the original principal amount of the Governmental Equipment Lease-Purchase Agreement. If the original principal amount is less than $100,000 Form 8038GC is filed with the IRS. If the original principal amount is $100,000 or more Form 8038G is filed with the IRS. Choose the appropriate 8038 form and complete according to IRS guidelines. Contact your TM or Sales Support Representative for assistance. IRS Form 8038G http://www.irs.gov/pub/irs-pdf/f8038g.pdf IRS Form 8038GC http://www.irs.gov/pub/irs- pdf/f8038gc.pdf This Explanation of Contents is prepared as an accommodation to the parties named herein. It is intended as an example of some of the documents that Caterpillar Financial Services Corporation, in its reasonable judgment, may require and is not intended to constitute legal advice. Please engage and use your own legal counsel. We understand that the laws of the various states are different so nothing herein shall be construed as a warranty or representation that the documents listed herein are the only documents that may be required in any particular transaction or that any particular transaction, if documented in accordance with this Explanation of Contents, will be a valid, binding and enforceable obligation enforceable against the parties named herein in accordance with the terms of the documents named herein. 131 Meeting Minutes US Meeting Minutes Request (GOV Lease - Purchase Deals)4478571 20/12/2022 11:01:17 AM Ref. 1552177 Caterpillar: Confidential Green TRACTOR & EQUIPMENT CO. 1835 HARNISH BLVD BILLINGS, MT 59101-6293 Reference: CITY OF BOZEMAN, MONTANA We are requesting a copy of the minutes of the appropriation meeting during which the funds for this deal were allocated. A copy of this information is necessary to complete the documentation package and to fund the deal. Your ability to return a complete package will ensure timely payment to you. Thank you for your assistance. CATERPILLAR FINANCIAL SERVICES CORPORATION DOCUMENTATION DEPARTMENT 132 Memorandum REPORT TO:City Commission FROM:Gail Jorgenson SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with VertiGIS for GIS Consulting Services MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with VertiGIS for GIS Consulting Services STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The City of Bozeman has been utilizing VertiGIS (formerly Geocortex) technology to regularly make available GIS information through internet mapping applications which supports city employee’s workflows and public access to current information since 2013. These mapping applications support regulatory, land management, planning, and engineering projects. This vendor contract will allow the GIS/AM Department to update key servers and applications so that we can continue to make GIS data and workflows available using current technology and products. This contract allows for installing the newest versions of Essentials and Analytics, migrating sites and viewers, installing VertiGIS Studio products, rebuilding Essentials Workflows and Print templates in VertiGIS Studio and installing an instance of FME Server. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The total project cost to the City will be $19,630. Adequate funding exists for this project with $20,000 currently allocated within the FY23 Strategic Services budget for Contracted Services –Professional Services (750-4025- 431-50-10) to procure services for Geocortex Application Development and for Database Architecture Planning and Server Updates (Implementation). Attachments: Professional Services Agreement Exhibit A - Scope of Services 133 Workers Compensation Act Clearance Reference Report compiled on: December 28, 2022 134 Professional Services Agreement - VertiGIS Sole Source Support Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 3. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 135 Professional Services Agreement - VertiGIS Sole Source Support Page 2 of 11 b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 136 Professional Services Agreement - VertiGIS Sole Source Support Page 3 of 11 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 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] 137 Professional Services Agreement - VertiGIS Sole Source Support Page 4 of 11 own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 138 Professional Services Agreement - VertiGIS Sole Source Support Page 5 of 11 a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 139 Professional Services Agreement - VertiGIS Sole Source Support Page 6 of 11 d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Gail Jorgenson, GIS Program Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. 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 140 Professional Services Agreement - VertiGIS Sole Source Support Page 7 of 11 to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has 141 Professional Services Agreement - VertiGIS Sole Source Support Page 8 of 11 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. 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. 142 Professional Services Agreement - VertiGIS Sole Source Support Page 9 of 11 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 143 Professional Services Agreement - VertiGIS Sole Source Support Page 10 of 11 parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, and MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 144 Professional Services Agreement - VertiGIS Sole Source Support Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 145 Contact: Aaron Oxley Email: aaron.oxley@vertigis.com Tel: +1 250-381-8130 From: VertiGIS North America Ltd. 300 - 1117 Wharf Street Victoria, BC V8W 1T7 Canada City of Bozeman Installation and Configuration Services Reference ID: OP-VGNA-00001036 |December 19, 2022 146 Legal Privacy & Confidentiality The contents of this document are confidential and proprietary. Disclosure, distribution or sharing of this information with persons or entities, for which it is not intended, in any form or for any other purpose than the evaluation of this proposal, is prohibited without the express, written consent of VertiGIS North America Ltd. In situations where information is required to be shared publicly to comply with policies regarding transparency of information, all statements must be signed off on by both VertiGIS and City of Bozeman prior to being published. Trademarks Geocortex,VertiGIS Studio, and VertiGIS are registered trademarks of VertiGIS North America Ltd. in the United States and Canada.Essentials is a registered trademark of VertiGIS North America Ltd. in the United States. Other companies and products mentioned are trademarks or registered trademarks of their respective owners. Trademarks provided under license from Esri. Acceptance of Terms & Conditions City of Bozeman acknowledges that it has reviewed the process, terms, conditions, and reserved rights contained in this proposal and has voluntarily chosen to participate in this proposal subject to those procedures, terms, conditions, and reserved rights. This proposal is valid for 60 calendar days from the date of delivery. All services and deliverables are subject to the terms and conditions of this proposal and shall supersede any conflicting terms in the client's purchase order. All VertiGIS Studio software included in this proposal are subject to the Licensing Terms of Use at www.vertigisstudio.com/legal. Software subscriptions begin on the date of purchase. © 2022 VertiGIS North America Ltd.All Rights Reserved. 2 147 Document Control Sheet Version History Version Date Changed by:Nature of Amendment 1.0 December 7, 2022 Joshua Zapf 1st Draft 1.1 December 19, 2022 Jon Swoveland Removed Capital Improvement Project Editor Workflow deliverable Approvals Name: Position: Signature: Date: Name: Position: Signature: Date: 3 148 Overview VertiGIS North America is pleased to present the City of Bozeman (the City) this proposal for professional services to perform the following updates to the City's enterprise GIS environment. •Installing the newest versions of Essentials & Analytics, •Migrating Sites & Viewers, •Installing VertiGIS Studio products, •Rebuilding Essentials Workflows and Print templates in VertiGIS Studio •Installing an instance of FME Server. 4 149 Professional Services By combining innovative software with world-class services, we empower customers to face their GIS challenges with confidence,help them manage risk, and fast-track deployment of world-class web- mapping systems. Project-based Services Custom projects are often necessary to meet the needs of your organization, and our team of experts will help you succeed by providing a range of services from business analysis to project management. Business Analysis Our 20+ years of experience creating web mapping applications for clients around the world has given us the experience to address and understand the unique requirements of your organization. Custom Development For the vast array of intended uses of GIS, building custom functionality or tailoring the platform to meet your specific requirements is a key part of the process. Upgrade/Migration Services As technology evolves, you may have to update your server or platform from time to time. Our services team can help you migrate from one system to another. We can either perform the migration ourselves, or our support team can provide you with assistance. Project Management Our project managers will partner with you to do more with VertiGIS Studio. They will help you establish a project plan, manage tasks, and arrive at a project's successful completion. Your project manager will also provide you with information throughout the project so you always know where things stand. 5 150 Technical Project Administration Dependent on scope, the following technical tasks may be performed by the VertiGIS development team to support the overall development effort. Development Environment Setup Project Setup A developer will create a code repository for the project. If the project involves multiple sites, this will involve modification of the usual repository template.Once the template has been set up, all developers working on the project will link their local workstations. Remote Connectivity All members of the development team will work with the client to get authenticated access to the client environment and adequate security set on target systems. This may include access to secured ArcGIS Services, Geocortex instances, and remote desktop access to deployment servers. This task typically involves working with the client's network security team to acquire credentials, install VPN software, set up two-factor authentication, and work through issues such as system-specific connectivity problems and password issues. Environment Replication This task involves receiving sample development data from the client along with optional map documents (MXDs) for publishing the data to ArcGIS Server. On a shared internal ArcGIS Server (and possibly database) instance, the data will be deployed and published for all members of the VertiGIS development team to access. No external access will be allowed to the development data and ArcGIS services. Technical Task Setup The team lead will create and configure a project in VertiGIS' task tracking software (JIRA). Tasks will be created and assigned to Epics for each individual work item and populated with acceptance criteria as appropriate. Each Task will be assigned an estimate and assigned a developer. The final step in this task will be to allocate JIRA Tasks to the first development sprint. Developer Project Meetings It is expected that VertiGIS developers and/or technical leads will participate in project kickoff and regularly-scheduled status meetings throughout the duration of the project. 6 151 Deliverables The following is a general understanding of functionality required. Effort listed for each deliverable represents VertiGIS' best estimate but could differ from actual time spent depending on complexity or unforeseen circumstances. VertiGIS will notify City of Bozeman (the City) of any deviation between actual time spent and estimated time from this proposal. Install Geocortex Essentials Estimate of Effort:2 hours Resources:Application Development and Services A member of VertiGIS' Professional Services Team will install Geocortex Essentials on a new server provisioned by the City. Assumptions and Dependencies: The target server will have the following components installed before installation of Geocortex Essentials: •Internet Information Server (IIS) •Web Server Certificate (bound to target Web Site in IIS) •Microsoft .Net Framework (https://www.microsoft.com/en-us/download/details.aspx?id=48130) Install Geocortex Analytics Estimate of Effort:4 hours Resources:Application Development and Services A member of VertiGIS' Professional Services Team will install and configure Geocortex Analytics on a new server provisioned by the City. As well, the Geocortex Analytics Agent will be installed on systems to be monitored. Configure IIS Reverse Proxy Estimate of Effort:2 hours Resources:Application Development and Services A member of VertiGIS' Professional Services Team will copy the IIS URL rewrite rules from the City's current Geocortex IIS Site to the new Geocortex Server's IIS Site. Constraints: The City is responsible for any proxy-related configuration outside of IIS (e.g. DNS rules). Migrate Geocortex Sites, Viewers, & Projects Estimate of Effort:4 hours 7 152 Resources:Application Development and Services The Geocortex Sites, Viewers, and Projects configured on the City's existing Geocortex Essentials server will be migrated to the new Geocortex server and tested. This will include replicating the Geocortex Identity Provider IDs to ensure permissions are preserved. Note: Although VertiGIS does not anticipate any issues with the migration of Geocortex Projects, it is to be noted that this is an unsupported operation. Therefore, VertiGIS cannot guaranty Geocortex Projects will be migrated successfully. Instillation of VertiGIS Studio On-Premises Components Estimate of Effort:4 hours Resources:Application Development and Services A member of VertiGIS' Professional Services Team will install VertiGIS Studio Web, Workflow, Printing, and Reporting on-premises server components to the City's new Geocortex Server. Assumptions and Dependencies: The City will provide VertiGIS with credentials to a Portal account with Creator level permissions. Data Extract Workflow Estimate of Effort:12 hours Resources:Application Development and Services A member of VertiGIS' Professional Services Team will rebuild the City's Data Extract Workflow using VertiGIS Studio Workflow Designer. The new workflow will be configured to run in the Geocortex viewer hosting the current Data Extract Workflow. Print Template Configuration Estimate of Effort:10 hours Resources:Application Development and Services A member of VertiGIS' Professional Services Team will rebuild the City's print templates using VertiGIS Studio Printing. Install & Configure FME Server Estimate of Effort:8 hours Resources:Application Development and Services A member of VertiGIS' Professional Services Team will install and configure Safe Software's FME Server on a host machine provided by the City. The configuration will be limited to the following: 8 153 •Back up the FME Server configuration from the City's existing FME Server. •Restore the backed-up FME Server configuration to the new machine. •Import CA Certificate provided by the City and configure FME Server for HTTPS. Technical Project Administration Estimate of Effort:7 hours Resources:Application Development and Services Technical project administration tasks, as necessary, as described in the Technical Project Administration section of this proposal. Business Analysis & Design Estimate of Effort:5 hours Resources:Application Development and Services Prior to commencing development on project deliverables, the VertiGIS' project team lead will conduct discovery sessions with UTI to produce a detailed design for each deliverable. Testing and QA Estimate of Effort:5 hours Resources:Application Development and Services Prior to development commencing, a developer will create agreed-upon test plans. The finished application will be tested against these test plans and successful completion of the test run will constitute completion of the development phase. Documentation and Delivery Estimate of Effort:5 hours Resources:Application Development and Services The developer will create a delivery package including documentation for the deployment of the delivered code. The developer will deploy the site to the client environment. User Acceptance Testing Estimate of Effort:5 hours Resources:Application Development and Services To ensure that the final product meets business requirements, VertiGIS will work with City of Bozeman to support and help guide User Acceptance Testing before go-live. 9 154 Project Management Estimate of Effort:15 hours Schedule:Project Duration Resources:Project Management The project manager will monitor the progress and budget burn for the project. They will provide status updates and reports to the client on an agreed-upon schedule. The project manager will also be responsible for capturing any change requests and generally ensuring the project runs smoothly. 10 155 Project Assumptions •The current version of Geocortex Essentials will be used in the client environment and will not change during the project. •Testing will only be done in Google Chrome and Microsoft Edge. •The target server will have the following components installed before installation of Geocortex Essentials: •Internet Information Server (IIS) •Web Server Certificate (bound to target Web Site in IIS) •Microsoft .Net Framework •The City is responsible for any proxy-related configuration outside of IIS. •Accessibility will conform to VertiGIS Studio's out-of-the-box standards. •The application may not satisfy local accessibility requirements. •The UI/UX experience of the app will be in accordance with out of the box look and feel and capabilities of VertiGIS Studio's products. •Access to the client environment for installation and deployment is via VPN connection and remote desktop (or equivalent). •This project assumes one application delivery to a Development environment. •The installer and developer have sufficient administrative access to the client machines for deployment and configuration. •Data schema will not change after development commences. •Work will be completed off-site via remote access to client's development environment. •VertiGIS shall retain all of the intellectual property rights to the deliverables. 11 156 VertiGIS' Responsibilities •Provide QA/QC on the developed modules, templates, forms, work sheets, etc. •Resolve critical issues found with the application during testing and implementation within an agreed upon timeframe. •Resolve high and medium priority issues found during testing and implementation. •Capture low priority defects for future releases. •Provide Project status reports to the City of Bozeman Project Manager on an agreed-to basis. •Development Epics and Sprints will be created to prioritize and manage the work outlined in this proposal. •Manage and escalate Project issues and risks as appropriate. •VertiGIS warrants for a period of thirty (30) calendar days from the time of delivery that the deliverables will substantially conform to the specifications set out in this proposal. City of Bozeman Responsibilities •Provide a primary point of contact for the entirety of each task. •Communicate project needs and priorities to VertiGIS. •Provide Subject Matter Experts to assist with tasks. •Provide sample/development data and supporting map services. •Escalate Project issues and risks as appropriate. •Provide the appropriate resources to perform User Acceptance Testing. •Coordinate user training, as needed. •Notify VertiGIS of product defects, their priorities and issues for resolution. 12 157 Costing Model – Time & Material During the software development process, there are situations and projects that demand flexibility from all the parties involved. Time & Material (T&M) is the preferred approach to managing cost and budget constraints since it allows more control over development progress and cost instead of relying on educated guesses at eventual expenses. VertiGIS uses the T&M model when there is no whole vision of the solution and its implementation specifics. This option is fully negotiable and uses an hourly rate for work applied in the development process. To prevent uncontrolled price growth, we define an upper limit for project budget. One of the biggest benefits of this model is task prioritizing for development projects. Each project is divided into several separate tasks (involving features, use cases, tests, etc.). VertiGIS' project manager gives advice on importance, level of complexity, implementation, and cost of these tasks. Thus, clients can prioritize the order of features and use cases depending on cost and relevance to the solution. VertiGIS uses the T&M model when at least one of the following situations applies to the project: •When requirements are not precise or specifications cannot be clearly defined. •When there will be a constant flow of tasks or enhancements. •When project scope is unknown or implementation spreads over months. •When the client requires a high level of flexibility or change requests often appear during the development process. •When the client wants more direct control over the process or provides certain resources that can influence the project implementation. In this type of pricing model communication and agreement greatly influence time and cost efficiency of the project. Constant supervision and coordination of effort are the keys to a successful project. Since clients pay only for the hours and accompanying expenses spent on the project, they are provided with timely reports so they can track and control time and expenses, and material. VertiGIS uses a variety of software - from weekly project burn down reports to specialized web applications. VertiGIS uses Intacct Project Accounting and JIRA Issue Tracking to provide all the necessary data, time tracking and communication for successful project management and reporting. 13 158 Cost Page The proposed budget for the project is supplied below and is an estimate only. The estimates are based on our current understanding, and may need to be adjusted as the requirements and specifications evolve over the course of the project. Description Quantity Cost Total Cost Application Development and Services 73 $220 $16,060 Project Management 15 $220 $3,300 Total $19,360 14 159 City of Bozeman December 08, 2022 20 East Olive Street P.O. Box 1230 BOZEMAN, MT 59771-1230 United States Person/Business : Account number : VERTIGIS NORTH AMERICA LTD. 643840 This letter provides clearance information for the purposes of Section 258 of the Workers Compensation Act. We confirm that the above-referenced firm is active, in good standing, and has met WorkSafeBC's criteria for advance clearance. Accordingly, if the addressee on this letter is the prime contractor, the addressee will not be held liable for the amount of any assessment payable for work undertaken by the above-referenced firm to January 01, 2023. This firm has had continuous coverage with us since January 14, 2000. Employer Service Centre Assessment Department Clearance Reference # : C133569850 CLRAAA 6951 Westminster Highway Richmond BCV7C 1C6 www.worksafebc.com Telephone 604 244 6380 Toll Free within Canada1 888 922 2768 Fax 604 244 6390 Assessment Department Mailing Address Location Clearance Section PO Box 5350 Station TerminalVancouver BC V6B 5L5 To alter this document constitutes fraud. Please refer to your account number in your correspondence or when contacting the Assessment Department. - 1 - For more information about Section 258 and clearance letters visit WorkSafeBC.com 160 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with CitiFi to Provide Micromobility Policy Services MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to execute a Professional Services Agreement with CitiFi to Provide Micromobility Policy Services. 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 City of Bozeman adopted Ordinance 2072 in April of 2021. This ordinance amended Bozeman Municipal Code, Chapter 36 and established license requirements and fees for shared micromobility businesses. This license includes Terms of Operation that are determined by the City Manager. The City Manager may revise the Terms of Operation in order to adapt to the City's needs and the changing industry. City staff have received input from residents, the Downtown Business Partnership, and other businesses related to the operation of these businesses for the last several years. While some changes to operations have already been implemented to address some concerns, a more robust review of the Ordinance and Terms of Operation is in order. Staff solicited proposals from several firms with national experience in micromobility operations. With approval from the Finance Director, the one firm who provided us with a proposal was selected. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The contract amount is $25,000. Funds for this are available and will be paid from the Engineering Operating budget. Attachments: 20230110_CitiFi Professional Services Agreement.pdf 20230110_Exhibit A_CitiFi Scope of Services.pdf 161 Report compiled on: December 15, 2022 162 Professional Services Agreement for Micromobility Policy Services Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2023 (“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, CitiFi, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date. 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, $25,000 as specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to 163 Professional Services Agreement for Micromobility Policy Services Page 2 of 11 perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 164 Professional Services Agreement for Micromobility Policy Services Page 3 of 11 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 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 165 Professional Services Agreement for Micromobility Policy Services Page 4 of 11 willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 166 Professional Services Agreement for Micromobility Policy Services Page 5 of 11 a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 167 Professional Services Agreement for Micromobility Policy Services Page 6 of 11 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 Nicholas Ross, Director of Transportation and Engineering 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 Evan Costagliola 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 168 Professional Services Agreement for Micromobility Policy Services Page 7 of 11 designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has 169 Professional Services Agreement for Micromobility Policy Services Page 8 of 11 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. 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. 170 Professional Services Agreement for Micromobility Policy Services Page 9 of 11 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 171 Professional Services Agreement for Micromobility Policy Services Page 10 of 11 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 **** 172 Professional Services Agreement for Micromobility Policy Services Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 173 Proposed Scope of Services Task 1: Policy and regulatory scan - Cityfi will review all relevant policy/regulatory documents and City ordinances that impact shared micromobility in Bozeman. Additionally Cityfi will review ordinances and policies for similar communities across the country to benchmark best practices and identify alignment between Bozeman and peer markets. This benchmarking will focus on small to mid-sized communities with large universities. Task 2: Policy Toolkit - Cityfi will work with City staff to co-develop desired outcomes, objectives, and performance metrics for Bozeman’s shared micromobiltiy program. Based upon he desired outcomes and objectives and the gaps identified in the policy and regulatory scan, Cityfi will develop a policy toolkit that recommends new rules, procurement methods, and management tools for the 2023 operating season. As micromobility has evolved over the last 5+years, Bozeman can capitalize on ample best practices and lessons learned from how other cities have developed their own programs. Cityfi will leverage these learnings to develop a portfolio of strategies for the City of Bozeman to consider. This will include key elements and requirements to include into future ordinances and regulation, procurement strategies, and oversight recommendations. Cityfi will lay out various strategies to consider under each of these areas and key considerations for each strategy. Given the current state of the micromobility industry it is important to consider multiple strategies and approaches that will both effectively manage operators in the City and incentivize them to operate in Bozeman. Cityfi will summarize Task 1 and 2 output into a brief summary memo. The policy and regulatory scan will be organized by thematic gaps and opportunity areas. Task 3: Recommendations workshop - After the completion of the policy toolkit, Cityfi will facilitate a workshop with 8-10 key internal and external stakeholders from across the community. The primary objective of the workshop is to socialize new regulatory, policy, and management concepts prior to drafting an updated shared micromobility ordinance. The workshop will focus on the outcomes that stakeholders want to realize through the shared micromobility program and how to utilize the tools from the policy toolkit to drive desired outcomes for the City of Bozeman. Cityfi believes in leveraging an outcomes-driven approach that first focuses on establishing a shared vision between all stakeholders and cascades into leverage strategies and tactics to meet this vision. While the workshop will include some discussion of lessons learned from previous micromobility programs the focus of the workshop will be on finding alignment on shared values and vision between all stakeholders. Task 4: Presentation to City Commission - Cityfi will assist in preparing materials to present to the City Commission and attend one City Commission to present Task 1 and 2 findings. Task 5: Review of draft ordinance - After the City of Bozeman develops its draft shared micromobility ordinance, the Cityfi team will review the draft and provide written comments to ensure operator compliance and advance the City's goals around effectively leveraging and managing micromobility. 174 Proposed Fee Tasks: Shared Micromobility Policy Services – Tasks 1-5 Fixed Price: $25,000 Key Deliverables / Tasks:  Benchmarking of City of Bozeman’s current policy against similar Cities  Policy toolkit including key considerations related to procurement structure, policy framework and oversight structure  Facilitation of workshop with core stakeholders  Comments on draft City ordinance 175 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director, Downtown Bozeman Partnership SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement between the City of Bozeman and the Downtown Bozeman Partnership for the Administration of the Downtown Urban Renewal District for Fiscal Year 2023 MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with the Downtown Bozeman Partnership for the Administration of the Downtown Urban Renewal District for Fiscal Year 2023 STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND: As allowed by statute (MCA 7-15-4232), the City annually contracts the Downtown Bozeman Partnership to administer the Downtown Urban Renewal District. UNRESOLVED ISSUES:None ALTERNATIVES:None. FISCAL EFFECTS: As specified in its annual work plan and budget, the Downtown URD pays a fee to the Downtown Partnership to cover the administrative costs of managing the district and implementing the annual work plan. The FY2023 Downtown URD work plan and budget was unanimously approved by the board on May 17, 2022 and presented to the City Commission on June 14, 2022. Attachments: FY23 PSA for URD-CC.pdf Report compiled on: December 16, 2022 176 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 1 of 19 Professional Services Agreement Regarding the Administration and Management of the Downtown Bozeman Urban Renewal District WHEREAS, the Downtown Urban Renewal District was created March 6, 1995 by Commission Resolution No. 3046; and WHEREAS, the Downtown Urban Renewal Plan was adopted on November 20, 1995 by Commission Ordinance No. 1409; and WHEREAS, the life of the Tax Increment Financing District established under the Urban Renewal Plan was extended on March 7, 2005 by Commission Ordinance No. 1628; and WHEREAS, the life of the Tax Increment Financing District established under the Urban Renewal Plan was extended on December 17, 2007 until the year 2032 with the sale of Tax Increment Urban Renewal Revenue Bonds by Commission Resolution No. 4073; and WHEREAS, the adopted Urban Renewal Plan stipulated that an Urban Renewal Agency would be created and referred to as the Downtown Bozeman Improvement District Board (the “Board”) pursuant to 7-15-4232 MCA and 7-15-4234 MCA; and 7-15-4232. Authorization to assign urban renewal powers to municipal departments or to create urban renewal agency. When a municipality has made the finding prescribed in 7-15-4210 and has elected to have the urban renewal project powers exercised as specified in 7-15-4233: (1) such urban renewal project powers may be assigned to a department or other officers of the municipality or to any existing public body corporate; 7-15-4234. Urban renewal agency to be administered by appointed board of commissioners. (1) If the urban renewal agency is authorized to transact business and exercise powers under this part, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency consisting of five commissioners... 177 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 2 of 19 WHEREAS, the Downtown Board as the designated Urban Renewal Agency is authorized to employ the necessary staff to implement the Urban Renewal Plan pursuant to 7-15-4238 MCA; 7-15-4238. Employment of necessary staff. The urban renewal agency or department or officers exercising urban renewal project powers shall be supplied with the necessary technical experts and such other agents and employees, permanent and temporary, as are required. WHEREAS, the Board bylaws state “Should a private organization be responsible for program administration, such arrangements shall be made by contract with the City of Bozeman.”; NOW, THEREFORE, the Downtown Bozeman Partnership and City of Bozeman enter into this Professional Services Agreement defining the administration and management of the Downtown Bozeman Urban Renewal District. THIS AGREEMENT is made and entered into this _10th_ day of _January__, 2023 (“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, DOWNTOWN BOZEMAN PARTNERSHIP, LLC, a limited liability company, with a physical and mailing address of 22 East Main Street #302, Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of June, 2023, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 178 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 3 of 19 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. 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’ 179 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 4 of 19 compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be 180 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 5 of 19 construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without 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: 181 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 6 of 19 • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business 182 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 7 of 19 opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits 183 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 8 of 19 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 David Fine, Economic Development Program Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Ellie Staley, Executive Director, 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. 184 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 9 of 19 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor 185 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 10 of 19 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. 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 186 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 11 of 19 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 187 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 12 of 19 enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 188 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 13 of 19 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 189 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 14 of 19 Scope of Services: Exhibit “A” Downtown Urban Renewal District FY2023 Work Plan and Budget (July 1, 2022 to June 30, 2023) Downtown URD Mission Statement The Downtown Bozeman Urban Renewal District board (URD) will foster an economically thriving district that: 1) attracts investment; 2) stabilizes and strengthens the tax base; and 3) supports the vitality and diversity of the Gallatin Valley as its social and cultural center. In 1995, the City Commission adopted the Urban Renewal Plan for downtown Bozeman which was subsequently amended in 2015. The intent and purpose of the Urban Renewal Plan emphasizes: 1. Bozeman’s historical character as a “working” downtown shall be maintained. 2. Traffic movement and access shall be designed with the emphasis on the downtown as a designation rather than improving the flow of through traffic. 3. The facilitation of private/public partnerships is encouraged in the implementation of the Plan. 4. Objectives shall be accomplished by incentives whenever possible. 5. Private property rights will be respected. 6. Administrative practices shall be conducted in a constructive manner which fosters cooperation. 7. This Plan is further detailed, refined, prioritized and implemented by the “Downtown Improvement Plan” which outlines specific programs and projects consistent with the Urban Renewal Plan. The Urban Renewal Plan established nine “Guiding Principles” to provide direction for improving Bozeman’s historic downtown. The Urban Renewal Study Committee considered the first three principles more important than the next three with the last three the least important. However, the Committee deemed all nine principles to be vital to achieving the vision for downtown. Key implementation actions were identified for each principle (may apply to multiple principles but are only listed once below). 1. Strengthen downtown’s economic vitality 2. Improve the safety, security and health of the district 3. The image of downtown shall be continuously improved 4. Downtown’s accessibility shall be improved 5. “Community Partnership” is fundamental to downtown’s success 6. Downtown’s diversity shall be facilitated 7. The cost of projects and programs shall be weighed against their benefits 8. Downtown shall become more user friendly 9. Cultural activities shall be nurtured and expanded downtown 190 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 15 of 19 Downtown URD FY23 Programs, Projects and Initiatives The Downtown URD anticipates a FY22 year-end balance of $4.3 million and FY23 revenues are projected to be $1.9 million which totals just under $6.2 million of funding available for FY23. The proposed FY23 expenditures total $4.79 million with an estimated FY23 year-end balance of $1.37 million. The following work plan and budget outline these projects and projected expenses. Downtown Bozeman Partnership Management Fee ($203,500) 7% estimated increase over FY22. The increase is to cover inflation, increase to DBP rent (27% annual increase) and added staffing and bookkeeping needs. Street Furniture/Streetscape-new purchases ($50,000) Several new trash and recycling bins were purchased and placed in along newly developed streetscapes in FY22. Soroptimist Park also underwent a minor facelift with new fencing, hardscape and replanting summer of 2022. The need in FY23 has shifted to tree and tree grate updates. There are currently 11 trees that need to be pulled, grinded and replanted. The stumps are currently presenting a safety hazard. Five of the trees that need to be replaced is to large of a job for the city to complete and we looking to sign a PSA with Greenspace Landscaping at the City Commission meeting on May 24 for the work to be completed through summer 2022. We are also looking to purchase new benches for redeveloped sites and move into a planning stage for the next for Soroptimist Park. North Willson Streetscape Project ($75,000) This project is intended to complete the needed streetscape along the North Willson parking lot once Armory project was completed. This project was put on hold due to covid and lack of resources. We would like to reserve funding to complete the work needed in FY23, just along the city-owned area and to work with other property owners to complete the remaining areas in collaboration. URD Grant Programs – The URD grants have been updated to reflect current code updates and can now be completed online. Although, a substantial audit needs to be made to these to make sure they are still relevant to the needs of downtown developments and infrastructure improvement needs. After going to digital forms in 2022, a full audit continues to be a priority in FY23. The estimated costs below are dependent on applications received. • Streetscape Assistance ($50,000) • Life-safety Grant ($30,000) • Fiber Infrastructure Grant ($10,000) 191 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 16 of 19 • Technical Assistance Grant ($50,000) • Residential Incentive Program ($200,000) Alley Improvements & Planning ($250,000) We are underway with the North Black to Tracy Alley Improvement Project. We have hired a project manager and a landscape design team. We have a 6 to 9-month pre-construction timeline. Civil surveying and landscaping plans will be completed this summer and alley improvement construction to happen spring 2023. We have rough estimates on cost and will have a clearer picture once we complete the necessary survey and planning needed. The final design will include a combination of public art, seasonal planters, pavement treatments, lighting, seating, and landscaping. Bozeman Creek Improvements & Planning ($20,000) An educational and artistic project that started in 2021, is slated to be completed in summer 2022. The estimated $20,000 has been approved for this project and we look forward to the final piece to be installed at city hall along the bridge and creek access point. These encumbered expenses may be paid on FY22 or FY23, depending on construction timeline. Bozeman Creek improvements has been a URD priority and although we do not have an additional project in the works for FY23, we’d like to reserve some funds for future planning with our current partners and have some flexibly to support future projects that may arise. Wayfinding and Parking Signage Project ($25,000) This ranked as a top project on the URD board prioritization exercise to expand and clarify what amenities and parking are available. This was not completed in FY22 but will become more crucial in FY23 as visitor numbers rise and if a parking management program is installed. The cost will be an estimated $15,000 for fabrication and installation of signage, $10,000 for design and planning for the project. Intersection Cable Anchor Repairs ($25,000) Small cable repairs were made in FY22 and more are planned for FY23. These are ongoing and necessary upgrades, specifically as buildings get redeveloped on those specific corners. Alternative Transportation Projects $50,000 Not completed in FY22 but continues to be a priority in FY23. It’s intended to alternative transportation projects including bike & transit connections between downtown and key destinations, a bike share program, enhance bike and pedestrian links, enhance Black Avenue as Bozeman’s downtown bike hub. 192 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 17 of 19 Workforce Housing Project – Fire Station One ($1,600,000) This is an encumbered expense approved for a project with 50 units of work force housing to be sold at 120% AMI. The $1.6 million approved for this project will be reimbursed at the certificate of occupancy and when all of the project conditions have been met. This will likely be reimbursed after FY23 but will be encumbered until paid or approved project changes. City Economic Development Specialist ($35,500) An estimated 7% increase from FY22 to cover inflation. This cost helps fund a portion of payroll expenses for two City Economic Development Department Specialists. These employees will work on a variety of tasks directly related to the downtown URD including parking and tax increment financing. Transportation Planning ($50,000) We are moving into the next phase of transportation planning and potentially short-term transportation infrastructure improvements through FY23. This includes a focus on pedestrian safety and downtown access along Mendenhall and Babcock. We are currently developing a scope with short- and long-term attainable solutions. Field surveys are currently being performed and we hope to confirm a professional services agreement for this work in the coming weeks and will keep the URD board abreast of the process throughout. Soroptimist Park Planning ($25,000) During the fall 2020 semester, the URD partnered with the CATS Program to envision options for transforming the park and they presented an array of creative ideas. The next step is to hire a professional firm/team to further the design concepts developed. Code Amendments ($20,000) This would include planning to include more code flexibility Downtown for existing and new buildings (departures, deviations, relaxations, etc.). As the Unified Development Code is slated to do a full amendment process, it will be important for us to have some funding for specific downtown planning to assistance through the city process. Design Guidelines/Standards ($25,000) It has been increasingly apparent as larger development projects expand throughout our district, that we need to develop a set of downtown design guidelines, to create and support consistent streetscape enhancement and provide developers with the information they need to properly expand the efforts we have made to beautify and improve our district. We hope to begin this planning process in FY23. 193 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 18 of 19 Downtown Infrastructure & Public Realm Plan ($50,000) To develop plan to enhance Downtown’s identity and ensure public realm developments create a consistent and sustainable environment, establish framework for near term infrastructure investments that incrementally build to long term vision, provide path for private investment, while leveraging limited resources. We would like to head into Phase 1 of this plan in FY23. The scope is currently being reviewed. Employee Paid Parking Permit System ($20,000) Continues to be a priority as our parking needs change. This could be used to help advertise any changes to the employee parking system, potentially off-set costs to employees for permitting or for other general implementation costs with a focus on assisting the businesses with any changes or concerns. Utility Infrastructure Improvements ($100,000) For utility infrastructure improvements within the URD district. Funding could be used towards poles, pipes, cables, wires, conduits, etc. This could be part of our formalized grant program in FY23. Structured Parking Site Plan, Bids ($1,250,000) As plans for the County Courthouse site progress, we hope to move into the site plan process. We have a preliminary estimate of $1.25 million based on the cost analysis done on the projected top sites. Streetscape Preliminary Engineering ($50,000) To update and continue planning to extend the streetscape to side streets, Babcock, and Mendenhall. This could also assist in the development of the design guidelines and standards project for future downtown development assistance that will include streetscape updates. 194 Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District Page 19 of 19 Downtown Urban Renewal District FY2023 Budget Category FY23 Budget Income Starting Cash Balance $4,263,910 Income from TIF $335,000 COB Interlocal Share $1,504,048 Entitlement Share State of Montana $58,761 Interest Income Other Income Total Income $6,161,719 Expenses Operations DBP Management Fee $203,500 Total Operations $203,500 Infrastructure Improvements Street Furniture and Park Maintenance $25,000 Streetscape--new purchases $25,000 North Rouse Streetscape Project FY21 Encumbered- Streetlamps (26 qty) FY21 Encumbered- Phase 1 Construction: Conduit FY21 Encumbered-Phase 2 Construction: Lamps North Willson Streetscape Project $75,000 Streetscape Assistance Grant Program $50,000 Streetlamp Power Reconfiguration Project Alley Improvements $200,000 DBIP: Bozeman Creek Improvements $10,000 DBIP: Wayfinding & Parking Signage $15,000 Life-Safety Grant Program $30,000 Fiber Infrastructure Fiber-Broadband Infrastructure--Grants $10,000 Intersection Cable Anchor Repairs $25,000 DBA Event Stage Parklet $50,000 Alternative Transportation Projects $50,000 Workforce Housing Project - Fire Station One $1,600,000 Total Improvements $2,165,000 Planning City Economic Development Specialist $35,500 Technical Assistance Grants $50,000 FY20 & FY21 Encumbered Funds Residential Incentive Program $200,000 DBIP: Transportation Planning $50,000 FY21 Encumbered- Part Two--Data, Analysis, Cost Est DBIP: Alley Planning $50,000 DBIP: Bozeman Creek Planning $10,000 DBIP: Soroptimist Park Planning $25,000 DBIP: Code Amendments $20,000 DBIP: Design Standards $25,000 DBIP: Downtown Infrastructure & Public Realm Plan $50,000 DBIP: General Implementation $50,000 DBIP: Employee Paid Parking Permit System $20,000 DBIP: Wayfinding Plan & Parking Signage $25,000 Utility Infrastructure Improvements $100,000 Structured Parking Feasibility Analysis Structured Parking Informal, Site Plan, Bids $1,250,000 Professional Services Term Contract $75,000 Streetscape Preliminary Engineering $50,000 Total Planning $2,085,500 Parking Structure Garage Bond Payment $335,000 Total Parking Garage Payments $335,000 Total Expenses $4,789,000 Balance $1,372,719 195 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 Stahly Engineering and Associates for Story Mill Community Park East Parking Lot MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Professional Services Agreement with Stahly Engineering and Associates for Story Mill Community Park East Parking Lot STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:Stahly Engineering and Associates was the civil engineer for the Story Mill Community Park under a contract with the Trust for Public Lands. This Agreement sets up a contract with the City to revise and complete parking lot designs in coordination with nearby developments, prepare and submit applications for review to the City, assist in the bid advertisement and selection process and to provide construction administration oversight on behalf of the City. UNRESOLVED ISSUES:NA. ALTERNATIVES:Per City Commission. FISCAL EFFECTS:Funding for the parking lot in the amount of $360,000 was authorized by the City Commission as a 2023 Capitol Improvements Project. Attachments: Story Mill Park East Parking Lot - Stahly PSA.docx ExhibitA-SMCP_SOW_Stahly_EastParkingLot.pdf Report compiled on: December 27, 2022 196 Professional Services Agreement – Engineering FY2020-2021 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2020 (“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 STAHLY ENGINEERINGAND ASSOCIATES, INCwith a mailing address of 851 Bridger Drive, Suite #1, Bozeman, MT 59715, hereinafter referred to as “Consultant.” The City and Consultant 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 Consultant to perform for City services described in the Scope of Services attached hereto as “Exhibit A” and by this reference made a part hereof for the Project: STORY MILL COMMUNITY PARK EAST PARKING LOT. 2.Term/Effective Date:This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this agreement, as determined by the City. 3.Scope of Work:Consultant will perform the work and provide the services in accordance with the requirements of the Scope of Work (Exhibit A). For conflicts between this Agreement and the Scope of Work, unless specifically provided otherwise, the Agreement governs. Consultant may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, Sub- consultants, manufacturers, suppliers, and publishers of technical standards. 4.Payment:City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 197 Professional Services Agreement – Engineering FY2020-2021 Page 2 of 11 5.Additional Services: If the City requests Consultant to perform any Additional Services not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to complete the Additional Services requested. The City and Consultant shall mutually agree upon a basis of payment for the Additional Services requested prior to the Consultant proceeding with such Additional Services. 6.Times of Payments:The Consultant may submit monthly statements for the Scope of Services and approved Additional Services rendered. The statements shall be based upon Consultant’s estimate of the proportion of the total Scope of Services actually completed for each task at the time of billing. 7.Meaning of Terms: a.Additional Services: Additional Services means services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by the City where changes are due to causes beyond the Consultant’s control. Additional Services can also mean providing other services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services. b.Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Attachments and Exhibits attached hereto and referred to as if they were part of one and the same document. 8.Consultant’s Representations:To induce City to enter into this Agreement, Consultant makes the following representations: a.Consultant 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.Consultant 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. 198 Professional Services Agreement – Engineering FY2020-2021 Page 3 of 11 9.Independent Contractor Status/Labor Relations:The parties agree that Consultant is an independent Contractorfor purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant 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. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. 10.Indemnity/Waiver of Claims/Insurance:For other than professional services rendered, to the fullest extent permitted by law, Consultant 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 Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of the Consultant’s agents. For the professional services rendered, to the fullest extent permitted by law, Consultant 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 Consultant or Consultant’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 which would otherwise exist as to such indemnitee(s). Consultant’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 Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’s applicable insurance 199 Professional Services Agreement – Engineering FY2020-2021 Page 4 of 11 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 Consultant 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 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. Consultant 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, Consultant shall at Consultant’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 Consultant in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Consultant 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. Consultant shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman 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 Consultant commencing work. Consultant shall notify City within two (2) business 200 Professional Services Agreement – Engineering FY2020-2021 Page 5 of 11 days of Consultant’s receipt of notice that any required insurance coverage will be terminated or Consultant’s decision to terminate any required insurance coverage for any reason. 11.Termination for Consultant’s Fault: a.If Consultant 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 Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to Consultant’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 12, Consultant shall be entitled to payment only for those services Consultant actually rendered. c.Any termination provided for by this Section 12 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 12, Consultant 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. 12.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 Consultant (“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 Consultant. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Consultant 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. Consultant 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 13, Consultant is entitled to payment only for those services Consultant actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 201 Professional Services Agreement – Engineering FY2020-2021 Page 6 of 11 d.The compensation described in Section 13(c) is the sole compensation due to Consultant for its performance of this Agreement. Consultant 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. 13.Limitation on Consultant’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Consultant under this Agreement, Consultant’s damages shall be limited to contract damages and Consultant 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 Consultant wants to assert a claim for damages of any kind or nature, Consultant 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 Consultant becoming aware of the facts and circumstances giving rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all rights to assert such claim. 14.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall beAddi 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, Consultant 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.Consultant’s Representative: The Consultant’s Representative for the purpose of this Agreement shall be Zach Lowe, Senior Engineer, or such other individual as Consultant shall designate in writing. Whenever direction to or communication with Consultant is required by this Agreement, such direction or communication shall be directed to Consultant’s Representative; provided, however, that in exigent circumstances when Consultant’s Representative is not available, City may direct its direction or communication to other designated Consultant 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 202 Professional Services Agreement – Engineering FY2020-2021 Page 7 of 11 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. 15.Permits:Consultant 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. 16.Laws and Regulations:Consultant 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. 17.Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis of merit and qualifications. The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Consultant 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 Consultant 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. Consultant 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). Consultant must report to the City any violations of the Montana Equal Pay Act that Consultant has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Consultant shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 203 Professional Services Agreement – Engineering FY2020-2021 Page 8 of 11 18.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:Consultant 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. Consultant 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 Consultant shall be obligated to furnish such proof. The Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper and specified work methods and procedures. The Consultant shall provide continuous inspection and supervision of the work performed. The Consultant is responsible for instructing its employees and agents in safe work practices. 19.Modification and Assignability:This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee will be bound by all of the terms and conditions of this Agreement. 20.Reports/Accountability/Public Information:Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with the requirements of this Agreement. Consultant 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 Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 21.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. 22.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. 23.Taxes:Consultant is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 204 Professional Services Agreement – Engineering FY2020-2021 Page 9 of 11 24.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. 25.Survival:Consultant’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 26.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. 27.Severability:If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 28.Applicable Law:The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 29.Binding Effect:This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 30.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. 32.Counterparts:This Agreement may be executed in counterparts, which together constitute one instrument. 33.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. 205 Professional Services Agreement – Engineering FY2020-2021 Page 10 of 11 34.Standard of Care:In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re- perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law 35.Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. 36.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 206 Professional Services Agreement – Engineering FY2020-2021 Page 11 of 11 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA STAHLY ENGINEERING AND ASSOCIATES LLC BY: BY: Jeff Mihelich, City Manager Zach Lowe, Regional Manager DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney 207 www.seaeng.com Engineers and Land Surveyors 3530 Centennial Drive, Helena, MT 59601 | phone: 406-442-8594 | fax: 406-442-8557 851 Bridger Drive, Suite 1, Bozeman, MT 59715 | phone: 406-522-8594 | fax: 406-522-9528 2223 Montana Ave. Ste 201, Billings, MT 59101 | phone: 406-601-4055 Story Mill Park East Parking Lot Prepared on 12/29/2022 Project Description and Scope of Work Client has requested Stahly to update its previous design for the Story Mill East Parking lot that was value- engineered out of scope when the park was originally built in 2017. Subsequent developments have constructed roads, or plan to construct roads, that make re-designing the parking lot necessary. Scope of Work & Project Approach Stahly will incorporate base files from all three projects: Story Mill Park, the Bridger View Subdivision that is currently under construction and adjacent to the east, and the Stockyards Development which is currently in the planning stages (adjacent to the south). From the new base, alternates will be developed to tie the proposed parking lot to the adjacent roads at the south end of the parking lot. Once an alternative has been selected by the City, Stahly will work to submit a Site Plan application (submitted by the Parks Department), then formal infrastructure drawings submitted to the City Engineering Dept. Bidding Process: -host pre-bid meeting for interested parties -answering RFIs and issuing addenda as necessary. Construction administration including: •-Updated cost estimate •-Bi-Weekly OAC meetings (up to 6 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, Request for -Information (RFI’s). •-Site visits: Stahly will perform site visits and materials testing (soil compaction, concrete and asphalt) as necessary including travel to and from the site, pending construction activity, and follow-up with testing results as needed. •-Conduct a final punch list inspection of the contractor’s work. Specifically excluded from this proposal is site lighting, irrigation, landscaping design, and City of Bozeman certification (with requisite testing frequency) for public streets. Cost Estimated Cost = $49,900.00 To be invoiced monthly on a Time and Materials basis, not to exceed the aforementioned amount. Stahly 2023 Rate Schedule: Engineering Intern 2 $100 Engineering Intern 5 $122 Inspector 4 $122 Technical Designer 5 $128 Professional Engineer 5 $171 Exhibit A: Scope of Work Stahly Engineering PSA for Story Mill Community Park East Parking Lot 208 Memorandum REPORT TO:City Commission FROM:Max Ziegler - Facilities Project Coordinator Jon Henderson - Strategic Services Director SUBJECT:Authorize City Manager to Sign Second Amendment to Professional Services Agreement with Cushing Terrell for Engineering and Architectural Services for Swim Center Renovation. MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Second Amendment to the Professional Services Agreement with Cushing Terrell for Engineering and Architectural Services for Swim Center Renovation. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On November 2, 2021, the citizens of Bozeman approved a bond for the renovation of three recreation facilities, including the Bozeman Swim Center. To inform project planning for the renovation work at the Swim Center a visual structural and seismic assessment was conducted by Morrison Maierle, which identified damage to parts of the wall and roof structure. After receiving the structural assessment report the City took immediate action to ensure the safety of occupants, as well as begin the public procurement process for an Architecture and Engineering firm to design repairs or improvements to the structure to address documented damage and safety concerns. Cushing Terrell and a team including Aquatics Design Group and DCI Engineers was selected based on their response to the published Request For Qualifications. After assessing the Swim Center for emergency repairs, Cushing Terrell provided Architectural and Engineering services as required to complete the Phase 1 emergency repairs to the roof and wall structures. This amendment to the original Public Service Agreement is to expand the scope of services and duration of contract to include Engineering, Architectural, and Construction Administration services for Phase 2 of the project. Phase 2 of this project encompasses the original scope of the renovation work as approved by the voters on November 2, 2021. This will 209 include refurbishment of the swimming pool, HVAC replacement, lighting upgrades, and replacement of interior finishes. This amendment will cover all services to be provided by Cushing Terrell through the completion of this project in 2024. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:This contract amendment will result in professional fees of $175,150 as well as reimbursable expenses estimated at $11,000. These expenses are to be paid from the SWMCTR project fund. Attachments: Swim Center - Engineering and Architectural Services - PSA 2ND Amendment - Compiled.pdf Report compiled on: December 22, 2022 210 1ST Amendment to Professional Services Agreement for Swim Center Engineering and Architectural Services FY 2022 – FY 2023 Page 1 of 2 1ST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS 1ST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Swim Center Engineering and Architectural Services, dated June 17, 2022 (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 Cushing Terrell, 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. This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services as described in Exhibit A, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this agreement, as determined by the City. 2. Addition to Scope of Work. This amendment will expand the scope of work for this contract to include Architectural and Engineering Design Services, Permit, Bid, and Construction Administration Services related to the Phase 2 Renovation of the Bozeman Swim Center as described in Exhibit A. 3. Addition to Payment. See Exhibit A for fee proposal for services to be provided. 4. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 211 1ST Amendment to Professional Services Agreement for Swim Center Engineering and Architectural Services FY 2022 – FY 2023 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 [CUSHING TERRELL] By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 212 m Page 1 of 5 December 16, 2022 Max Ziegler, Facilities Project Coordinator City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 (406) 582-2439 wziegler@bozeman.net Re: Professional Design Services for the City of Bozeman – Bozeman Swim Center Building Assessment – Phase 2 Contract Amendment – Amendment 2 Dear Max: Cushing Terrell is pleased to provide this architectural and engineering services proposal for Phase 2 work at the Bozeman Swim Center Building, located at 1211 W Main Street, in Bozeman, Montana. The attached proposal provides a description of Cushing Terrell’s understanding of the project scope and discusses the scope of services Cushing Terrell will provide. It also lists our proposed team, which accounts for the disciplines and expertise anticipated for this work. Please review the proposed services, timeline, and fees attached. Do not hesitate to call or email if you have any questions. If you find this proposal meets your expectations, the Proposal for Contract Amendments below can be attached to the City’s Professional Services Agreement to amend the Scope of Services and sent to us for signature. Thank you for this opportunity. Sincerely, Ali Vasarella, AIA CUSHING TERRELL cc: Cushing Terrell File – Bozeman Swim Center Attachments: Proposal for Contract Amendments Cushing Terrell 411 East Main St., Ste.101 Bozeman, MT 59715 (406) 556-7100 213 m 2 Page 2 of 5 Proposal for Phase 2 Contract Amendments Design, Permit, Bid, and Construction Administration for Phase 2 work at the Bozeman Swim Center Building SCOPE OF PROJECT The City of Bozeman is seeking architectural and engineering Design, Permit, Bid, and Construction Administration services for implementation of Phase 2 work to address maintenance and safety conditions as defined below at the Bozeman Swim Center building located in Bozeman, Montana. SCOPE OF SERVICES Cushing Terrell will manage this project from our Bozeman office. Our professional team will be led by the following key team members: • Principal-in-Charge: Corey Johnson, Cushing Terrell • Project Manager: Sky Cook, Cushing Terrell • Project Architect: Ali Vasarella, Cushing Terrell • Pool and Swimming Design Consultant: Justin Caron, Aquatic Design Group • Plumbing Engineer: Jay Listoe, Cushing Terrell • Mechanical Engineer: Alex Russell, Cushing Terrell • Electrical Engineer: Carl Maehl, Cushing Terrell Cushing Terrell’s professional service offerings for Design, Permit, Bid, and Construction Administration will include the scope as described below. Design Services Phase 2 Design Scope The items being addressed in this phase are as follows: 1. Design and replacement of the HVAC system, including a plan to condition the interstitial space between the roof deck and the suspended ceiling 2. Renovation of the pool shell and gutter system (re-plastering is the basis of this scope and fee. Another option will require an increase in the design fee and it is an scope/work increase) 3. Replacement of the ceiling tiles in the main pool room with waterproof ceiling tiles 4. Replacement of pool deck tiles / pool deck repair (option yet to be selected) 5. Design and replacement of the lighting system in the pool room to address under lit and glare creating conditions 6. Incorporation of 1% of construction costs for public art in the building 214 m 3 Page 3 of 5 The design work includes the documentation for the items as listed above, including phased documentation to allow for early release of long lead-time mechanical equipment. The full design team will visit the site once during design to complete further investigation to complete the scope above. Cushing Terrell will create Progress Reports to communicate project progress as needed during the Phase 2 Design services period. Anticipated meetings can be found in the Schedule section. Bidding Services Phase 2 Bid Scope This proposal assumes the Construction Manager / General Contractor (CM/GC) will coordinate the bidding process to meet State procurement process. The Design Team will participate by attending Pre-Bid Conference(s), responding to RFIs and Substitution Requests, and issuing up to three Addenda. Permitting Services Phase 2 Permit Scope Cushing Terrell will apply for Permit 2 following the City permit application process. The Design Team will be available to respond to any comments or questions regarding these items. If permitting fees are paid by Cushing Terrell, this cost will be reimbursed at cost plus 10%. The estimated reimbursable expenses do not include permit fees. Construction Administration Services Services for Construction Administration for the Phase 2 work consist of site visits as noted below, virtual attendance of OAC meetings twice a month, monthly pay application reviews, review of submittals, and one punch list review per discipline. If additional site visits are required, additional services will be charged at hourly rates. Anticipated Site Visits: • Three Mechanical Cushing Terrell site visits • Two Architectural Cushing Terrell site visits • Three Aquatic Design Group site visits Assumptions This proposal is based upon Cushing Terrell’s understanding of the following assumptions: • The Construction Manager / General Contractor (CM/GC) will be selected by the end of January 2023 and will give the Design Team feedback on procurement timelines, cost, construction and closure scheduling, constructability 215 m 4 Page 4 of 5 ANTICIPATED PROJECT SCHEDULE Phase 2 design work is to start at completion of the Contract Amendment (anticipated to be complete by end of December 2022). Two City / Owner design review milestones are included in this proposal. Reviews consist of a web conference meeting followed by a 1-week review period for City review and comment. One review will take prior to ordering mechanical equipment (ordering anticipated to take place May of 2023) and another at the end of design prior to permit submittal. Mechanical equipment is anticipated to be ordered May of 2023. Permitting is anticipated to be submitted by early February 2024. Any construction requiring building closure to be complete by August 2024. *This proposal is based upon prompt Owner review of and response to the reviews and submittals as shown above. The Owner acknowledges that Owner-generated changes in the schedule of the project may result in modifications of the associated professional fees. 216 m 5 Page 5 of 5 COMPENSATION PROPOSAL Phase 2 Design, Bid, Permit, and Construction Administration Services Total for Phase 2 Design, Bid, Permit, and Construction Administration $175,150 CT Arch/PM Fee $30,600 CT Mech/Plumb Fee $89,000 CT Elec Fee $14,650 ADG Fee $40,900 Estimated Reimbursable Expenses Reimbursable expenses for the scope outlined above are estimated at $11,000. Reimbursable expenses include travel (airfare, auto rental, mileage/fuel, lodging, and meals), printing, copying, legal fees and postage plus a 10% administrative/processing fee. These fees are subject to change if the scope of the project changes. This contract amendment proposal is valid for 30 (thirty) days from date of issue. 217 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 5436 A Resolution of the City Commission of the City of Bozeman, Montana, Adopting the Story Mill Community Park Master Plan MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Authorize the City Manager to Sign Resolution 5436 A Resolution of the City Commission of the City of Bozeman, Montana, Adopting the Story Mill Community Park Master Plan 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 November 7, 2016 the City Commission adopted the Story Mill Community Park Master Plan and on November 14, 2016 the City Commission adopted the Donor and Partner Recognition Statement for Story Mill Community Park however a resolution number was not assigned. This agenda item formalizes the adoption of the Story Mill Community Park Master Plan including designs, narrative and donor recognition statement as Resolution 5436. UNRESOLVED ISSUES:NA. ALTERNATIVES:Per Commission. FISCAL EFFECTS:NA Attachments: Resolution 5436 Story Mill Community Park Master Plan.docx Exhibit A-SMCP Narrative.pdf Exhibit B-SMCP Supplemental Materials.pdf Exhibit C-SMCP Donor Recognition Statement.pdf Report compiled on: December 29, 2022 218 Version April 2020 RESOLUTION 5436 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE STORY MILL COMMUNITY PARK MASTER PLAN 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 Story Mill Community Park (“Project”) Trails, Open Space and Parks bond funding application, which was approved by Resolution 4517; 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; and WHEREAS,the City Commission previously adopted the Story Mill Community Park Master Plan on November 17, 2016 and no Resolution number was assigned; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: 219 Version April 2020 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 Story Mill Community Park Master Plan is adopted including the Narrative (“Exhibit A”), Supplemental Materials (“Exhibit B”), and Donor and Partner Recognition Statement (“Exhibit C”) is hereby adopted and approved for implementation. 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 220 STORY MILL COMMUNITY PARK Submittal to City of Bozeman Design Review Committee July 26, 2016 The Trust for Public Land, in partnership with the City of Bozeman Parks and Recreation Department, is pleased to present the master plan for Story Mill Community Park for formal Design Review. The design team is led by Design Workshop, in consultation with local firms, Stahly Engineering, Design5, Intrinsik Architecture, and RESPEC Riparian Consulting. This narrative and accompanying maps, provides an overview of the park design as well as addresses specific questions and issues raised during the DRC Informal Review in April 2016. Guiding Principles: Story Mill Community Park is organized around several guiding principles that are summarized below. Throughout this text, the park is commonly segmented into different areas for the purposes of describing the uses and character of the park. These areas are referred to as follows and identified in the attached diagram: the Story Mill Community Center Parcel, the North Parcel, the South Parcel and the Triangle Parcel. NORTH PARCEL SOUTH PARCEL TRIANGLE PARCEL STORY MILL COMMUNITY CENTER PARCEL Exhibit A: Story Mill Community Park Master Plan Narrative 221 The addition of the Story Mill Community Center Parcel is new since the project’s informal review. It is the site of the former Boys & Girls Club of Southwest Montana and will be dedicated to the City for use as a Community Center. While this site expands the park’s offerings, it also provides some mutual benefit of sharing existing facilities, such as access, utility tie-ins, parking, water rights for irrigation and indoor facilities. The Story Mill Community Center is anticipated to be used for indoor recreation and meeting space and to host summer programs. The exterior land use of the site will remain largely intact, maintaining the existing playground, using some of the existing lawn for outdoor recreation, and planning for future trail connections. The addition of a pavilion and restroom is also planned for the parcel. The North Parcel, or area north of the East Gallatin River and bordering Bridger Drive will be the most active portion of the park. It will contain a playground, teaching garden, food forest trail, arrival plaza, future splash pad and community gathering space. Mowed and irrigated turf is limited to those areas available for active play. The balance of this portion of the park will be low maintenance native grasses and wildflowers. Parking and other improvements including the playground and teaching garden, are clustered in the western portion of the park in order to take advantage of existing utility tie-ins, the existing entry drive, existing parking and interface with the Story Mill Community Center, thus minimizing construction costs. A future parking lot is also planned for the east side of the site. This will allow parking to be in close proximity of all park elements with access from Bridger Drive. Park entries are aligned with existing streets that also intersect with Bridger Drive. South of East Griffin Drive, the park is envisioned as a nature preserve. Development in this area is limited beyond trails, a Homestead Pavilion, interpretive signage, and blinds for bird viewing. Generally, as you move south through the park, the intensity of use is reduced. An approximately one-acre, fenced off-leash dog park is planned in the south portion of the site on the Triangle Parcel and adjacent to Story Mill Road. This parcel is separated from the South Parcel and previously disturbed. Because of this low intensity of use, East Griffin Drive is not considered to be an essential automobile route for park purposes. As such, a woonerf treatment is suggested so that there will be as little automobile disruption of park use as possible. A woonerf is a concept that incorporates shared space, traffic calming, and slow speeds in a street design that accommodates motorists, cyclists, and pedestrians. The woonerf configuration will allow East Griffin to function as a park drive rather than a high speed thoroughfare, while still maintaining east/west connectivity. Vicinity and Overview: The Vicinity Map shows the location of the 60.25-acre Story Mill Community Park within the context of the City of Bozeman (North Parcel – 21.11 Acres; South Parcel – 25.64 Acres; Triangle Parcel – 8.49 Acres; Community Center Parcel – 5.01 Acres). The park is bound on the north by Bridger Drive, on the west by Bozeman Creek and private property, and on the east by the East Gallatin River and Story Mill Road. The park is bisected west to east by East Griffin Drive and the Story Mill Spur Trail connects the South and Triangle Parcels. Circulation: Story Mill Community Park south of East Griffin Drive is envisioned as a low intensity visitor experience in the context of a nature preserve. Visitors to this section of the park are seeking a quiet nature experience in the heart of Bozeman, where birds and wildlife can be observed and the native landscape and view enjoyed. Therefore, automobile access is restricted (except for a small gravel parking lot off of Story Mill Road). Service, fire and emergency access is limited to a twenty-foot-wide alignment with hammerhead turnaround. The alignment will double as a multi-use connector path that runs the length of the parcel from north to south with reinforced shoulders to make up the clearance difference required for emergency and service vehicles. In order to minimize impact on wildlife and intrusion on the landscape, other paths are of four-, six- and eight-foot widths, and where possible, of compacted gravel. Paths of compacted gravel will be designed and detailed in such a way that they are firm and ADA accessible. Trails within the floodplain will be constructed at grade as possible to minimize impacts. Where trail alignments travel through the wetlands and are required to be raised, they will be of a metal grate material to allow plant material to thrive beneath. Trails within the park are anticipated to tie into both the Story Mill Spur Trail in the existing railroad right-of-way and to the new sidewalk along Bridger Drive proposed as part of the anticipated MDT roadway improvement and longer-term, the new Path to the M and Drinking Horse trailheads. 222 One pedestrian bridge over the East Gallatin River is anticipated at the southern end of the property, and one is anticipated just south of where East Griffin Drive crosses the East Gallatin. Park Access Points: Three automobile access points are proposed for the park. The main entry to the west is at the existing entry to the Story Mill Community Center. The second entry aligns with Birdie Drive on the east side of the site. The third is in the Triangle Parcel on Story Mill Road. All three entry points are assumed to be 24 feet wide with curb and gutter and associated green infrastructure techniques to manage stormwater. Park Road (Woonerf): East Griffin Drive is proposed as a park drive which is capable of carrying automobiles, bicycles and pedestrians. A seventeen-foot wide travel way is proposed with a two-foot concrete curb on one side and a five-foot wide concrete curb and sidewalk on the other. On either side of this paved section is a bioswale to handle stormwater. The travel way section will be marked with appropriate signage to ensure that motorists, cyclists and pedestrians are all aware that they are on a shared traffic way and entering into a park environment with increased pedestrian and bicycle activity. A separation will be indicated between the drive lane and the pedestrian-way with detectable and reflective pavement markers embedded into the pavement. Speed limits will be posted at 15 miles per hour. Parking: Two main parking lots are proposed for Story Mill Community Park – a west lot of 72 spaces accessed from Bridger Drive at the Story Mill Community Building will provide the main park entrance, and an east lot with future capacity of 50-94 spaces also with access via Bridger Drive. A third, small gravel parking lot of 12 spaces is proposed for access off of Story Mill Road in the location of an existing parking area that has been captured and used by current trail users. Parking spaces are presumed to be 9 by 18 feet in dimension with a 24-foot travel aisle. All lots will be cross-sloped at 1-2% and will provide adequate ADA spaces. The two lots accessed off of Bridger Drive will have curbs on the uphill edge and a curb with scuppers on the downhill edge. The scuppers will open into bioswales of varying widths along the length of the parking lots as shown on the attached plans. The quantity of parking is consistent with the transportation analysis that is included as part of this submission. Habitat Objectives and Plant Species: With the exception of lilacs, which are found as a remnant of the former homestead and trailer park use of the property, the teaching garden and the food forest trail, all plant materials within the park will be native species. Biohabitats, a key member of the consultant team, has identified a set of habitat objectives for the project that are aimed at restoring and replicating native habitats. The restoration of these native habitats will be a key element of the interpretive program of the park. The use of native plant materials will also assist in the park’s water conservation strategy and in creating new habitat for birds and other wildlife. The teaching garden is anticipated to include vegetables, berries, fruit and other food producing plants, as well as ornamental plants and flowers. The food forest trail will contain both native and non-native fruit and berry producing plants along a trail adjacent to the teaching garden. Both the teaching garden and food trail will employ fencing to deter wildlife. More intensive or ornamental planting schemes will be concentrated around the plaza and playground in the North Parcel, including flowering trees, shrubs and perennials. Hearty native plants will be used to achieve a welcoming garden experience. Maintenance strategies will be tied to each vegetative community. Areas of lawn will be more intensely mowed and managed, versus other native plant communities of dry and mesic grasslands and meadows that will be left to grow for much of the year. These areas of intensity of use will also be tied to the irrigation strategy, where more highly trafficked areas receive a greater level of irrigation to withstand the use. The lawn and fescue areas are anticipated to have the most use, maintenance and irrigation, while other new vegetative communities will be designed to blend into the native and restored areas of the site and discourage off-trail use. Wetlands: To date, The Trust for Public Land with the assistance of RESPEC, has been engaged in extensive restoration of the East Gallatin River corridor. The now completed project includes 14-15 acres of wetlands that have been restored or created onsite. It is anticipated that these wetlands will remain and that all park improvements, including trails, will be constructed in such a way to conserve and enhance these wetlands. See Appendix A – Floodplain Impacts. 223 Infrastructure Water and Sewer: Water and sewer utilities will be provided to the park restroom and an interactive water feature within the playground. City water will also be provided to the teaching garden for watering and irrigation purposes. As shown on the Master Plan, these utilities will be provided by extensions and services from the existing water and sewer mains serving the Story Mill Community Center structure. Due to the lack of habitable structures to the east or south ends of the park, water or sewer service is not proposed to any other locations. Irrigation and Water Supply: Long-term irrigation water supply will be from four (4) on-site wells within the constraints of exempt water rights (<35 gpm and <10af) providing four (4) separate irrigation systems. A fifth well is existing and included on the Story Mill Community Center Parcel and is not anticipated to change from a capacity or land coverage standpoint. It is anticipated that during vegetation establishment, additional irrigation water will be needed which will be provided in the form of two (2) of the four (4) new wells. The intent is to take those two wells off line upon establishment of the native vegetation and use only as needed during times of severe drought. At this time, it is envisioned that some short-term irrigation would be needed for tree establishment, particularly on the South Parcel, to be provided by the City. City water is planned to be used to support the teaching garden with a potable water source. Landscape irrigation will be limited to spray irrigation for approximately 1.3 acres of blue grass lawn in the North Parcel and spray irrigation for higher intensity and medium intensity meadow plantings. Temporary drip irrigation to establish new trees and other plantings will be provided. Water Conservation: Water conservation is a key element of the master plan for Story Mill Community Park. It is anticipated that all plumbing fixtures will be low flow. Although formal LEED or Sustainable Sites certification is not anticipated for the park, it is the intent that water conservation within the park meet the standards of those programs. Storm Drainage: All stormwater within Story Mill Community Park will be mitigated through green stormwater management techniques. In keeping with low impact design standards, stormwater runoff from buildings and parking areas will be retained on site. Stormwater treatment and retention will by primarily mitigated by bioswales (bioretention). At the east parking lot, where the large lawn is located down gradient of bioswales, stormwater runoff from large events (>0.5”) will be allowed to overflow from the bioswales onto graded lawns for infiltration and supplemental irrigation. Bioswales will also be used within the parking arrangement of the west parking area and along E. Griffin Drive. Franchise Utilities Electric, Gas, Communications: The park will be provided with electric service from the existing on-site underground electrical service from Bridger Drive. New underground franchise utilities (electric, gas and communications) will be provided for the restroom. Additional electrical services will be provided for parking lot lighting and vendor hook-ups within the park surrounding the great lawn and in the arrival plaza. An existing underground gas line running through the northern portion of the park will need to be re-routed during park construction. Site Lighting: Site lighting for Story Mill Community Park will meet the standards of the International Dark Sky Association and will meet lighting level requirements of the City. Light levels required are: Average Horizontal Illuminance for Pedestrian Walkways in Maintained Foot-candles, Mixed Vehicle and Pedestrian 1.0 FC, Pedestrian Only 0.5 FC. As a predominantly nature-oriented park, outdoor lighting consistent with city codes is anticipated to be kept to a minimum with security lighting for parking areas, entry ways, and the restroom. Phasing: All park improvements are anticipated to be made at one time with the exception of constructing the full length of park road typology, or woonerf, along E. Griffin Drive and the east parking lot. A splash pad is also anticipated as a future addition. 224 Signage: Signage will be provided to the park and is indicated in the signage master plan. Regulatory signage is anticipated at all automobile entrances to park. Park signage will be provided along Bridger Drive and East Griffin Drive, announcing and indicating the park’s extents. Regulatory signage in the way of rules and regulations will be posted at the parking areas and trail gateways including engry points along the Story Mill Spur Trail, as well as distributed throughout as required. These signs will indicate hours of operation, conduct, and rules for trails, dogs, etc. The balance of signage within the park is informational or interpretive signage. These will include wayfinding markers directing users to facilities and trails, as well as interpretive signs displaying natural and historical information. Maintenance and Operations Park maintenance considerations have been studied by the project consultant, ETM. They will be guiding detailed design for durability of products and materials and efficiency of long-term maintenance. The City Parks Department and Maintenance Superintendent has been and will continue to be included in the coordination of this plan. The Trust for Public Land has committed to contributing $200,000 in privately raised funds for the first few years of maintenance. CITY INFORMAL REVIEW COMMENTS The following responses are to clarify the informal review comments provided by Shawn Kohtz, Development Review Engineer on January 20, 2016: 1. The proposed plan indicates reliance on an existing well to irrigate much of the property. As indicated in the narrative, this is intended to be accomplished within the limits of an exempt well. An analysis of the water demand for irrigation must be provided to demonstrate demands within the exempt well limits. If not within the limits, an alternate water source will need to be identified for irrigation. An irrigation demand analysis is included within the master plan submission. See Appendix B – Irrigation Water Needs. It indicates reliance on two existing water rights to irrigate the property amongst four wells. However, municipal water will be required to meet shortfalls in native plant revegetation and establishment, as well as provide full potable irrigation for the teaching farm, where users will be in contact with the water more frequently. The Master Plan assumes future City of Bozeman sewer line relocation work will make the existing pump and pump location unfeasible to use. Therefore, well and pump locations are indicated in the Irrigation Plan exhibit in the North Parcel with two above the teaching farm and two south of the west plaza. 2. If the City potable water supply is used to supplement irrigation, Section 38.23.180 of the Bozeman Municipal Code requires provision for water rights or cash in lieu (CIL) thereof. The project anticipates the regulations under the Bozeman Municipal Code. 3. Engineering and Public Works are supportive of the proposed “Woonerf” street section on East Griffin Drive. Continued access is maintained to the adjacent properties while recognizing the need to identify the street as a shared transportation system with significant use by pedestrians and bikes. The following items must be included in the proposed “Woonerf” section: a. Some form of separation shall be created between the automotive travel path and the 5-foot concrete walkway to further protect pedestrians when two vehicles are passing one another on the street section. The concrete walkway may be attached to the street section as shown but be separated by a minor barrier such as raised domes or bollards. Alternatively, the walkway may be physically separated from the drive lane. b. The speed limit for East Griffin is indicated as 25 miles-per-hour (mph) in one part of the application and 15 mph in another. The speed limit shall be 15 mph. c. Some form of roadway treatment, such as pavers or concrete, must be installed leading into the “Woonerf” section to signal the transition in the street section from a local street. The proposed street section will require a variance. The woonerf street section has been revised to include separation between vehicular and bicycle/pedestrian modes of travel. A raised and reflective pavement marker, similar to a raised dome, is proposed to provide separation and visually 225 signal a change of user patterns. The pavement markers will be of a material to permit snow removal. A change in road character will be announced on either end with a change of material, as well as park signage. The Master Plan proposes a concrete approach. The speed limit for East Griffin will be 15 mph. A variance will be included with the Site Plan Submission or when the City determines it necessary. 4. The improvements to East Griffin Drive are proposed in Phase II of the project. However, given the proposed park improvements, the “Woonerf” Section may be required in Phase I depending on adjacent development plans. The project team is not aware of any pending adjacent development and maintains the Phase 1 and Phase 2 proposed woonerf sections. The applicant is unable to forecast the appropriateness or applicability of a park-road typology at this time, not knowing future adjacent land uses. The future improvements to East Griffin Drive should occur with the future bridge upgrade to ensure compatibility or road and bridge cross sections. At the time where more development or changes in adjacent land uses are known, the park will contribute to the bridge upgrade. 5. A traffic impact study is required to determine the impacts of the proposed park on the transportation network. More specifically, a. The City’s capital planning map indicates required upgrades to the intersection of Story Mill Road and Bridger Drive. The proposed park will have an impact on this intersection and will be required to participate in its upgrade. b. The park will have an impact on Story Mill Road and will be required to participate in that street upgrade. A plan must be developed in conjunction with adjacent development to upgrade these critical transportation network components. The City is currently developing a tool for these types of upgrades known as cash-in-lieu (CIL) of infrastructure, which may be available upon park development. The applicant may contact the City Planning or Engineering Department to obtain details about CIL of infrastructure requirements and status of the program. A traffic impact study has been prepared by LSC Transportation Consultants and is included as a part of this Master Plan submission. See Appendix C – Traffic Impact Assessment. The traffic engineering study was used to determine the impacts of the traffic generated by the proposed park development on the surrounding roadway infrastructure. The study was based upon local ordinances and examines the full build-out of the site-generated traffic volumes and the operational analyses of intersections within the study area. • The proposed Story Mill Community Park is estimated to generate a total of approximately 638 daily one-way vehicle trips on a typical weekday without an event scheduled. The project is estimated to generate 41 vehicle trips (28 entering and 13 exiting) during the AM peak hour of the design day, and 99 vehicle trips (55 entering and 44 exiting) during the PM peak hour. • The project would result in an increase in traffic at any given study intersection of up to 95 peak-hour trips (through the Bridger Drive / Bridger Center Drive / Site Access intersection). The project would have a minimal impact on the total traffic volumes through the Bridger Drive / Story Mill Road intersection (up to 15 peak-hour trips). • The project would increase the ADT on any given roadway segment by up to 528, which occurs along Bridger Drive between Griffin Drive/Rouse Avenue and Bridger Center Drive. The project would increase the ADT on Story Mill Road at a point immediately south of Bridger Drive by approximately 65 ADT. During the AM peak hour, the project is estimated to increase the total two-way traffic volume on Story Mill Road immediately south of Bridger Drive by approximately 4 one-way trips, or one trip every 15 minutes, on average. During the PM peak hour, the project would add approximately 9 one-way trips, which equates to less than one trip every 6 minutes, on average. The project is expected to have a minimal impact on traffic volumes along East Griffin Drive. • All study intersections currently operate at an acceptable LOS C or better during the AM and PM peak hours. With implementation of the proposed project in 2016, some intersections would degrade by one level during the AM peak hour, although the LOS at all study intersections would remain at an acceptable LOS C or better during this period. In the PM peak hour, the following two intersections would decrease operation from LOS C to LOS D: - Bridger Drive / Bridger Center Drive / Site Access - Bridger Drive / Story Mill Road If all approaches on the unsignalized intersection of Bridger Drive / Bridger Center Drive / Site Access are required to operate at LOS C or better under Year 2016 conditions with the proposed project, it is recommended that a 226 central two-way left-turn lane (TWLTL) be constructed along Bridger Drive west of the intersection. This turn lane improvement (along with other improvements, including new sidewalks), is a planned improvement by MDT. With this improvement, an acceptable LOS C would also be provided in the Year 2018. At the Bridger Drive/Story Mill Road intersection, provision of a separate left-turn lane on the northbound Story Mill Road approach to Bridger Drive would improve the LOS at this intersection to an acceptable LOS C with the proposed project. This improvement would require widening the median of Story Mill Road within the vicinity of Bridger Drive, which is consistent with the City’s long-term vision of a 3-lane cross-section along Story Mill Road. Alternatively, provision of a separate right-turn lane on the northbound Story Mill Road approach would improve the LOS to an acceptable LOS C or better with the project; however, this improvement may not be desired due to right-of-way constraints. Assuming the MDT improvements are completed in 2018, the Bridger Drive / Story Mill Road intersection would continue to operate at LOS D. However, widening the Story Mill Road approaches to provide exclusive left-turn lanes would improve the LOS to an acceptable LOS C with the Story Mill Park Project in 2018. • The traffic volumes with the proposed project in 2016 do not meet the peak hour traffic signal warrant criteria at any unsignalized study intersections during the AM and PM peak hours. The warrant criteria is also not met in 2018. • All study roadway segments would operate at an acceptable LOS C or better with the proposed project in 2016; no roadway LOS deficiencies are identified. • The turn lane warrant analysis has determined left turn lanes are warranted for the following intersections: eastbound at the Bridger Drive/Birdie Drive intersection; and eastbound at the Bridger Drive/Story Mill Road intersection. These left-turn lanes, which are warranted with or without the proposed project, are planned to be installed as a part of the upcoming MDT project. No right-turn lanes are warranted at any of the unsignalized study intersections. • There is potential for local transit service to be provided in the future, but it is determined that it would not materially affect the findings and conclusions of this analysis. 6. The western bridge on East Griffin Drive is identified as a County bridge, which has width and potentially safety limitations. This bridge requires additional discussion with respect to its use in the park and the transition location to the “Woonerf” section. It is assumed that the western bridge on East Griffin Drive bridge will remain in place. The applicant is unable to forecast the appropriateness or applicability of a park-road typology at this time for the section beyond the park’s pedestrian crossing zone identified as Phase 1 due to not knowing future adjacent land uses. The future improvements to East Griffin Drive should occur with the future bridge upgrade to ensure compatibility or road and bridge cross sections. At the time where more development or changes in adjacent land uses are known, the park will contribute to the bridge upgrade. 7. The proposed stormwater facilities through the park and adjacent to the “Woonerf” Section shall be maintained by the City Parks Department. 8. Sewer services located in the project that will not be used shall be abandoned and disconnected per Water and Sewer Department requirements. Sewer services are noted in the master plan as abandoned in place. 9. Sewer mains that will remain in service on the property shall have a minimum 12-foot width all-weather access maintained to all manholes per the City of Bozeman Design Standards and Specifications Policy. The Master Plan has orientated a trail along the Bridger Drive frontage that provides accessibility via a 12-food wide path to the approximate location of a planned sewer line manhole. 10. Sewer mains and manholes that will be abandoned shall be abandoned per Water and Sewer Department Requirements. Sewer services are noted in the master plan as abandoned in place and will be done so according to Water and Sewer Department requirements. 11. An existing 18-inch water transmission main is located in the southern portion of the property. Access shall be maintained to all water main valves, and general maintenance access to the main shall be considered with the park design. 227 An access road will be provided along the existing access road running from East Griffin Drive to the homestead site. This alignment will be maintained for emergency access. It will visually look like a trail, but have reinforced edges for driving. Beyond this point, park design will allow the same level of vehicular access to these utilities as is provided today. 12. The applicant is advised that regulatory floodplains and floodways exist for Bozeman Creek and the East Gallatin River. City floodplain regulations are codified in BMC Chapter 38.31 and must be complied with as the park is designed, built, and ultimately occupied for public use. The applicant is further advised that federal and state floodplain rules must be adhered to as well. These rules are respectively found in ARM 36.15 and CFR Title 44, Chapter 1, Subchapter B, Part 60. Floodplain regulations will be followed and are under detailed study by the team at this time. See Appendix A – Floodplain Impacts. 13. With the informal materials provided it appears that a multitude of uses and improvements are proposed to occur within floodplain and floodway areas. To ensure compliance with the applicable regulations, the applicant is requested to provide an exhibit with the Master Park Plan application that clearly delineates the boundary of the 100-year floodplain where the base elevation intersects the existing ground surface. The exhibit must also depict the regulatory floodway extents in their exact location by utilizing digital GIS shapefile information available from the City Floodplain Administrator. A tabulation of uses and improvements proposed within the respective floodplain and floodway areas must be provided with the Master Park Plan. This information will be utilized to identify the proper course of action for the floodplain permitting process. Ecological restoration work on the site preceded the Story Mill Park design phase and was recently completed in May 2016. Those restoration activities required floodplain permitting through the City of Bozeman. An encroachment review, including an engineering no-rise analysis, was prepared to support that permit. A combination of effective FEMA flood hazard information, more detailed information prepared for the ecological restoration phase, and the preliminary Bozeman Creek Flood Study led by Montana Department of Natural Resources and Conservation were synthesized into what the design team considers “Best Available Flood Hazard Data”. This data is what is shown on Master Plan exhibits. From the ecological restoration no-rise analysis, the proposed conditions modeling (now constructed) for East Gallatin River is considered more detailed than the effective FEMA study. For that reason, RESPEC proposes that information be utilized as the existing conditions from which to base floodplain and floodway impacts from future Story Mill Park improvements. This information for East Gallatin River extends from the confluence with Bozeman Creek upstream to FEMA effective cross section CG. The effective FEMA flood hazard information was used downstream of the confluence with Bozeman Creek to Bridger Drive. LiDAR was collected in 2013 and was used to re-delineate that floodplain and floodway boundary using the regulatory water surface elevations for each cross section, to provide a boundary more accurate than what is shown on the Flood Insurance Rate Map (FIRM). For Bozeman Creek, the Preliminary Bozeman Creek Flood Restudy, led by Montana Department of Natural Resources and Conservation, was used as Best Available Flood Hazard Data. Since that study began prior to construction of the Bozeman Creek Backwater Slough, the base flood elevations from that study were re-delineated to the design surface. The sources of Best Available Flood Hazard Data that are displayed on Story Mill Park Master Plan exhibits are shown on the enclosed exhibit. As shown on the Master Plan exhibits, multiple uses and improvements are proposed within the floodplain and floodway. The uses and improvements located within the Best Available Flood Hazard Data (floodplain and floodway) have been tabulated. Also provided in that table are the sources of the Best Available Flood Hazard Data, a description of each use and improvement, and a recommended course of action to assess impacts to base flood elevations and floodway encroachments. See Appendix A – Floodplain Impacts. 14. For advisory purposes, the applicant should be aware that a floodplain permit will be required prior to Final Site Plan approval for the phase in which work in the floodplain is proposed to occur. An approved floodplain permit is not required to be in place with the Master Park Plan approval. However, the outcome of the floodplain permitting process may affect the Master Park Plan and call for future amendment to the master plan. The applicant is further advised that encroachments into the regulatory floodway must proceed through a detailed engineering analysis performed by a qualified hydraulic engineer to show that the encroachment causes ‘no-rise’ in the base flood elevation. In the event the floodway encroachment does create a rise in the base flood elevation then FEMA must approve a Conditional Letter of Map Revision (CLOMR) prior to floodplain permit approval by the City Floodplain Administrator. A CLOMR can take 6 months to 1 228 year for FEMA to approve depending upon the nature and complexity of the application. Furthermore, any changes to the extents of the regulatory floodway must be approved by FEMA through the Letter of Map Revision (LOMR) process. The LOMR must be submitted within 6 months after completing work within the floodway that caused changes to the floodway extents. ------------------------------------------------------------------------------------------------------------------------------ The following responses are to clarify the informal review comments provided by Allyson Brekke, Associate Planner on February 26, 2016: Future Application Requirements • Based on the information presented in the informal application materials, it appears a Master Site Plan (MSP) application would be required for the proposed park development. It is recommended that the MSP includes a phasing plan and that a phase 1 Site Plan (SP) application be submitted jointly with the MSP. When preparing proposed phases, keep in mind that grading of sites disturbing more than one-half acre, or movement of more than 100 cubic yards of material, triggers site plan development. Development applications and fee information can be found here: http://www.bozeman.net/ Departments-(1)/Community-Develop/Applications-and-Brochures) • The City Commission must consider the Master Site Plan (subsequent SP would not need to go to Commission). • If a variance(s) required, they would need City Commission action, so it might be wise to have the variances a part of the MSP application so that there is only a need to go to Commission once. • A comprehensive wayfinding signage plan must be submitted with the MSP application. • The Master Park Plan (MPP) will follow the MSP/SP process and be the document that adopts the results of the MSP, and deal with operation and maintenance issues associated with park. A signage plan is included within this MSP application. A variance will be included with the Site Plan Submission or when the City determines it necessary. Park Frontage: • 100% frontage for the park as proposed is not possible and will not necessitate a zoning variance. Make sure the MSP application materials state why the property is unique and unusual to prevent the frontage requirement (history of ownership and development of site, existing conditions such as creek location and existing trail location, etc). The history of parcel aggregation and ownership for Story Mill Community Park has resulted in an odd shaped parcel of land. Story Mill Community Park is fronted by Bridger Drive on the north (1,500 linear feet of frontage), on the south and west by East Griffin Drive (1,695 linear feet of frontage), and Story Mill Road to the east (1,615 linear feet of frontage). The Story Mill Spur Trail in the South Parcel bisects the property for 1,576 linear feet and provides direct pedestrian and bicycle access. The other sides of the property that are not directly fronting on streets are encumbered by the East Gallatin River and Bozeman Creek, wetlands, changes in topography, and adjacent land ownership. Therefore, no new streets are planned to access the site. The entire property is planned with perimeter trails to move bicyclists and pedestrians throughout the property. All parking for the park will be in the form of off-street parking. Parking requirements for park: • Staff would anticipate documentation of the resources used when determining an adequate parking demand for the proposed community park uses to be included within the formal application. LSC Consulting Engineers prepared a parking analysis in order to help with the sizing of the project’s parking lots. See Appendix D – Parking Generation. The parking demand analysis indicates that through the course of the analysis design day, the peak parking demand would be 74 spaces for the entire proposed park. The peak demand would occur during the 4:00 PM hour. The peak parking demand for the community center is estimated to be 37 parking spaces. This peak demand would occur during the 6:00-7:00 PM hours. The peak parking demand for the main park area would be 54 parking spaces and it would occur at about 4:00 PM. About 5 to 10 parking spaces are recommended to be provided at the dog park lot, in order to accommodate the dog park use as well as the other park-related uses in the vicinity of the dog park. In addition, adequate curb space will be needed for drop-off and pick-up activity at the Community Center. Considering the expected number of participants, the overlap of start/stop times and typical length of duration for drop-off and pick-up activity, curb space for up to four vehicles at a time (approximately 100 feet) is recommended. The parking analysis does not include parking for special events, which will depend on size and scheduling. 229 Dog Park • Any City owned dog park needs to be codified when proposed- recommended to discuss further with the City Attorney’s office. A dog park is planned to be included in Story Mill Community Park, and the Parks Department will update the list of off-leash dog parks per city ordinance and provide appropriate signage. Sustainability • Appears to be an opportunity to explore solar options for the property. The project team has been exploring energy efficiency and water wise technologies to improve the overall footprint of the project. Solar Powered lighting systems are the most likely solar technology to be implemented. A solar power irrigation pumping system was explored and determined to be not practical. There is a large cost associated with this, and the ability of the system to pump water at irrigation times and in the quantities required will prohibit solar powered pumps. A solar powered irrigation controller is available, but again may not be feasible due to greater costs. Solar for irrigation would require a substantial amount of arrays. Signage • Plan to include signage explaining requirements for dog leashes for enforcement purposes. • Consider friendly/easy-to-understand signage for emergency contacts. • A comprehensive wayfinding signage plan for the property should be developed, and should include the items included in Section 38.28.070 of the Unified Development Code. A signage plan is included with this master plan submission. It indicates types and locations of wayfinding and signage elements. A comprehensive sign family is being developed and will be submitted along with the Site Plan. Lighting • Consider the level of security lighting on the property - LED lighting can be a low percentage at all times with motion sensors to increase the percentage for safety purposes. LED Light fixtures provide a great opportunity to adjust the light levels throughout the night to keep visitors safe while managing the amount of energy used. Using motion sensors in outdoor application can be beneficial to detect occupancy and adjust light levels accordingly. Motion sensors work well when they are working as designed. Within Montana’s climate, the motion sensors will endure all types of weather and are vulnerable to failing early. We would recommend an option that most LED lights may be provided with a feature called a Dimming Profile. The Dimming Profile has a Mid-Point which is designed to be set at midnight. The light will provide 100% output until 2 hours before the midpoint where it will drop to 50% output. The light will remain at 50% output until 6 hours after the midpoint. Generally, 10pm to 6am the light fixtures will run at 50%. Uniformity is a large portion of designing site lighting and minimizes the contrast and essentially the shadows where a threat may hide. When the light fixtures are all operating at either 100% or 50% in unison the dimming maintains the uniformity of the site lighting design while minimizing the energy used during ‘off’ hours. Landscaping • Please reference the January 20, 2016 memorandum from the Development Review Engineer, Shawn Kohtz, in regards to wells used for irrigation purposes. • Please reference the January 16, 2016 memorandum from the City’s Water Conservation Specialist, Lain Leoniak in regards to recommended water conservation efforts for the park’s landscaping. • Be aware that boulevard trees are required even if bioswales are proposed. Boulevard trees are included in Master Plan submission along East Griffin Drive, but the applicant would like to request that the City consider waiving this requirement along East Griffin Drive due to the abundance of natural vegetation along the river corridor that is wished to be preserved. The park design will plant the same number or more trees within the park to establish canopy cover and create a park aesthetic. Emergency Access • EMT does not respond on bicycles, so the park design should take into consideration access points to the site for emergency vehicles. • Please follow up with Greg Megaard, Deputy Chief of Fire Operations, and Rich McLane, Deputy Chief of Police, about a meeting on site to better discuss and review the needs of emergency access to the site – they can be reached at gmegaard@ bozeman.net and rmclane@bozeman.net. • Consider the level of security lighting on the property - LED lighting can be a low percentage at all times with motion sensors to increase the percentage for safety purposes. 230 An access road will be provided along the existing access road running from East Griffin Drive to the homestead site. This alignment will be maintained for emergency access. It will visually look like a trail, but have reinforced edges for driving. Transportation/Access/Woonerf/Intersection Improvements • Please reference the January 20, 2016 memorandum from the Development Review Engineer, Shawn Kohtz, in regards to transportation impact study requirements, phasing of transportation improvements, transportation access routes and adjacent intersection improvements. Utilities (Stormwater, W/S) • Please reference the January 20, 2016 memorandum from the Development Review Engineer, Shawn Kohtz, in regards to utility service lines (including stormwater and w/s requirements). • Follow up with Northwestern Energy about the potential need to relocate an existing gas line on the property that is in close proximity to the restroom that are proposed – contact Dustin Workman at Northwestern Energy at dustin.workman@ northwestern.com. Modification/Demolition to buildings included in Northern Pacific/Story Mill Historic District: • The Northern Pacific/Story Mill Historic District is partially within the Neighborhood Conservation Overlay District. Therefore, all proposed demolition to buildings within the historic district must abide by Section 38.16.080 – Demolition or movement of structures or sites within the conservation district. Several historic resources are known to exist within the park boundary, including a group of buildings and features from the middle third of the 20th century that once housed the Vollmer & Sons meat packing plant. The surviving features at the packing plant are listed as contributing resources in the National Register-listed Northern Pacific/Story Mill Historic District. Nearby, there is a timber-pile railroad trestle dating from the 1910s. The trestle is located outside the historic district boundary, and has not been assessed for National Register eligibility. Since the historic assessment of the Vollmer complex occurred over 20 years ago, work is now underway to prepare an updated assessment of these resources. This work will produce cultural resource site forms that include historic information, brief feature descriptions, and a current baseline evaluation of the National Register eligibility of each feature. This material will provide background information for planning and interpretive purposes, and will be needed in the event that the removal of any of these features is found necessary. If the park development process ultimately calls for the removal of historic features within the Northern Pacific/ Story Mill Historic District, we will request a Certificate of Appropriateness (COA) from the City of Bozeman prior to undertaking the removal. The COA application, governed by Section 83.16.080 of city codes, will document the need for the demolition and the unsuitability of the buildings for reuse, and will include a plan to mitigate the removal of the historic features. 231 Appendices Appendix A - Floodplain Impacts Appendix B - Irrigation Water Needs Appendix C - Traffic Impact Analysis Appendix D - Parking Generation 232 Appendix A - Floodplain Impacts 233 Enclosure 1. Sources of Best Available Flood Hazard Data shown on Story Mill Park Master Plan Exhibits. 234 Enclosure 2Tabulation of Story Mill Park Uses and Improvements Impacts to Floodplains and Floodways on East Gallatin River and Bozeman CreekDate: 6/17/2016By: Matt Johnson, PE, CFMID Name Flooding SourceBest Available Data DescriptionRecommendation1 Bridger Drive Connector Trail East Gallatin River Floodway FEMAThe at‐grade trail follows a berm along the riverbank until a trail prism will be cut into the Bridger Drive embankment. No modeling for at‐grade trails: the proposed modification will not impact the hydraulic calculation in the one‐dimensional modeling platform. 1.1 Bridger Drive Connector Trails East Gallatin River Floodway FEMATwo trails near approach to Boys and Girls Club will likely be elevated to connect to Bridger Drive sidewalk. Elevated trails for accessibility require modeling since filling in floodway. 2 East Gallatin River Trail East Gallatin River Floodway FEMA The at‐grade trail follows a berm along the riverbank.  No modeling, the proposed modification grade will be same as existing condition. 3 Accessible Fishing Platform East Gallatin River Floodway FEMASlightly elevated accessible fishing platform along stream edge at end of at‐grade trail leading from East Gallatin River Trail along berm. Modeling of existing and proposed required if platform, recommend breakaway railing for design.4 Labyrinth East Gallatin River Floodway FEMA Maze‐like shrub plantings Likely no modeling required if no grade changes proposed.5Elevated Trail and North Floodplain Regrading East Gallatin River Floodway RESPECEdge of floodplain may be regraded to a gentler slope between power poles, may extend east of east power pole. Modeling required because grading below BFE is likely6 Pedestrian Beach East Gallatin River Floodway RESPEC Pedestrian beach area along East Gallatin River between active channel and restored floodplain. Grading changes along the floodway will require modeling.7 Accessible River Access Platform East Gallatin River Floodway RESPECAccessible platform along stream edge at end of at‐grade trail leading from East Gallatin River Trail along berm. Modeling of existing and proposed required if platform, recommend breakaway railing for design.8 East Griffin Bridge Railing East Gallatin River Floodway RESPEC New railing added to East Griffin Bridge No modeling required. Top chord of bridge not controlling backwater height, overflows South Parcel driveway.9 Pedestrian Bridge East Gallatin River Floodway RESPEC New pedestrian bridge across East Gallatin River. Bridge approach requires fill in floodway. Modeling required due to fill in floodway.10 South Parcel Trails East Gallatin River Floodway RESPEC At‐grade trails and driveway intermittently intersect floodplain boundary. No modeling, the proposed modification grade will be same as existing condition. 10.1 South Parcel Trails East Gallatin River Floodway RESPECTrails likely requiring localized fill through low spots in floodplain boundary. Trail crossing former RR embankment may require drainage culvert. No modeling, the proposed fill is an area of non‐conveyance (backwater).11 Slaughterhouse Bridge Removal East Gallatin River Floodway RESPEC Demolition of the Slaughterhouse Bridge on Triangle Parcel.Modeling required due to existence of bridge in model. Recommend continue restored floodplains from upstream.12 Pedestrian Access East Gallatin River Floodway RESPEC Non‐accessible pedestrian access between Story Mill Spur Trail and Slaughterhouse Bridge Modeling likely required due to cut into bank within floodway. 13 Pedestrian Bridge East Gallatin River Floodway RESPEC New pedestrian bridge across East Gallatin River. Bridge spans floodway. Modeling not required if low chord elev > BFE and abutments and footings will not change bank dimensions and outside floodplain. 14 Triangle Parcel Trail East Gallatin River Floodway RESPEC New trail along existing historic railroad bridge. No modeling since backwater and trail elevated on existing bridge. 15 Slough Bird Blind Bozeman Creek DNRC Bird blind construction at end of trail along perimeter of Bozeman Creek Backwater Slough No modeling required since backwater area, limited fill will not impact BFE.  235 Appendix B - Irrigation Water Needs 236 APRIL MAY JUNE JULY AUGUST SEPTEMBER PRECIPATION 30 YEAR  AVERAGE 1.77 2.8 2.8 1.42 1.22 1.26 ET 3.625 4.35 6.2 7.25 7.25 6.2 ADJUSTED IRRIGATION  REQUIRMENTS 1.855 1.55 3.4 5.83 6.03 4.94 PLANT COMMUNITY ACRES SQ FT APRIL MAY JUNE JULY AUGUST SEPTEMBER TURF IRRIGATION Kentucky Bluegrass 1.3 56,550 65,353 54,608 119,784 205,395 212,441 174,039 HIGH INTENSIVE IRRIGATION Fescue 2.62 113,970 131,711 110,055 241,411 413,949 428,150 350,756 MEDIUM INTENSIVE IRRIGATION Woodland, Drier Grassland 3.58 155,730 179,972 150,381 329,867 565,625 585,029 479,278 LOW INTENSIVE IRRIGATION Riparian Woodland/Shrubland, Mesic Grassland 3.71 161,385 186,507 155,841 341,846 586,165 606,273 496,682 SUPPLEMENTAL IRRIGATION Bioswales, Low Laying Native Area 0.72 31,320 36,195 30,244 66,342 113,757 117,660 96,391 DRIP ORNAMENTAL PERENNIAL SHRUBS Ornamental 0.25 10,875 12,568 10,501 23,035 39,499 40,854 33,469 PERMANENT  TREE DRIP IRRIGATION 210 12,600 12,600 12,600 12,600 12,600 12,600 TEMPORARY TREE IRRIGATION 205 12,300 12,300 12,300 12,300 12,300 12,300 0.7 APPLICATION EFFICENCY TOTAL GALLONS REQUIRED 446,044 375,571 803,030 1,364,503 1,410,715 1,158,861 TOTAL GALLONS 5,558,724 ACRE FEET 1.37 1.15 2.46 4.19 4.33 3.56 TOTAL ACRE FEET 17.0591 35 RUN HOURS W/ONE WELL 212.4 178.8 382.4 649.8 671.8 551.8 70 RUN HOURS W/TWO WELLS 106.2 89.4 191.2 324.9 335.9 275.9 105 RUN HOURS W/THREE WELLS 70.8 59.6 127.5 216.6 223.9 183.9 140 RUN HOURS W/ FOUR WELLS 53.1 44.7 95.6 162.4 167.9 138.0 IRRIGATION REQUIREMENT PER MONTH IN GALLONS 237 Appendix C - Traffic Impact Analysis 238 LSC Transportation Consultants, Inc. Prepared by Story Mill Community Park Traffic Impact Study Prepared for Design Workshop, Inc. 239 STORY MILL COMMUNITY PARK TRAFFIC IMPACT STUDY Prepared for Design Workshop, Inc. 120 East Main Street Aspen, Colorado 81611 970 • 920-4005 Prepared by LSC Transportation Consultants, Inc. 2690 Lake Forest Road, Suite C P.O. Box 5875 Tahoe City, California 96145 530 • 583-4053 June 10, 2016 LSC #167090 240 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page i TABLE OF CONTENTS SECTION PAGE 1 INTRODUCTION ...............................................................................................................1 Project Description .........................................................................................................1 Scope of Study ...............................................................................................................2 2 EXISTING CONDITIONS ..................................................................................................3 Roadway Characteristics ................................................................................................3 Existing (2016) Traffic Volumes ...................................................................................5 3 PROPOSED CONDITIONS ................................................................................................9 Project Description .........................................................................................................9 Trip Generation, Distribution, and Assignment .............................................................9 4 LEVEL OF SERVICE .......................................................................................................19 Description ...................................................................................................................19 Level of Service Standards ..........................................................................................19 Analysis Methodology .................................................................................................20 Level of Service Analysis ............................................................................................20 5 TRAFFIC IMPACTS, RECOMMENDATIONS AND CONCLUSIONS .......................23 Impact on Traffic Volumes ..........................................................................................23 Intersection LOS Impacts ............................................................................................24 Signal Warrant Analysis ..............................................................................................25 Roadway LOS Impacts ................................................................................................25 Analysis of the Need for New Turn Lanes ..................................................................25 Recommendations ........................................................................................................27 Conclusions ..................................................................................................................28 APPENDIX A: TRAFFIC COUNTS APPENDIX B: LEVEL OF SERVICE DESCRIPTIONS APPENDIX C: INTERSECTION LOS REPORTS APPENDIX D: ROADWAY LOS CRITERIA APPENDIX E: TURN LANE WARRANT CRITERIA LIST OF TABLES TABLE PAGE 1 Story Mill Park Trip Generation ....................................................................................... 10 2 Story Mill Park Trip Distribution ......................................................................................13 3 Story Mill Park TIA – Intersection LOS............................................................................20 241 LSC Transportation Consultants, Inc. Story Mill Park Page ii Traffic Impact Study 4 Story Mill Park – Roadway LOS .......................................................................................22 5 Story Mill Park – Traffic Volume Impacts ........................................................................23 6 Story Mill Park – Year 2018 PM Peak-Hour Intersection Traffic Volumes .....................26 LIST OF FIGURES FIGURE PAGE 1 Story Mill Park Site Location, Lane Configuration and Intersection Controls .................. 4 2 Story Mill Park AM and PM Peak Hour Existing No Project Volumes ..............................6 3 Existing Daily Traffic Volumes ...........................................................................................8 4 Story Mill Park Project Generation AM and PM Peak Hour Traffic Volumes .................14 5 Project Generated Daily Traffic Volumes .........................................................................15 6 AM and PM Peak Hour Traffic Volumes with Story Mill Park ........................................16 7 Existing Daily Traffic Volumes with Story Mill Park .......................................................17 242 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 1 Chapter 1 INTRODUCTION The purpose of this traffic engineering study is to determine the impacts of the traffic generated by this proposed development on the surrounding roadway infrastructure. This study will determine if mitigation is required to keep the roadways operating safely and at capacity levels acceptable under the current code. This report is based on local ordinances, and provides a complete analysis of the intersections identified for analysis. The existing and existing plus project traffic conditions are analyzed and discussed in detail in the subsequent sections. This report examines the full build-out of the site-generated traffic volumes, as well as the operational analyses of study intersections located within the study area. This report documents the findings and conclusions of a Traffic Impact Study (TIS) conducted for a proposed site plan for property located in the City of Bozeman, Montana. PROJECT DESCRIPTION The project proposes a new community park located south of and adjacent to Bridger Drive (State Route 86) in Bozeman, Montana. The park is proposed to be approximately 60.24 acres in area and is proposed to contain the following amenities: • Community Center (11,760 square feet) • Teaching Garden/Food Forest • Trails • Event Lawn • Amphitheater • Picnic Pavilion • River Access • Playground • Nature Walk • Fishing Access • Dog Park (0.5 acre) Access to the project site is proposed to be provided via two driveways along Bridger Drive and one driveway on Story Mill Road. Specifically, the western driveway forming the south leg of the Bridger Drive/Bridger Center Drive intersection would provide access to the proposed Community Center and park. This driveway currently provides access to the Boys & Girls Club. In addition, a new driveway forming the south leg of the Bridger Drive/Birdie Drive intersection would provide access to the park. The existing driveway located on the south side of Bridger Drive between Bridger Center Drive and Birdie Drive, which served the previous mobile home development, would be removed as a part of the project. Additionally, a driveway located on Story Mill Road (“L” Street) immediately south of the Story Mill Road/Story Mill Spur/L Street intersection would provide access to the proposed dog park, fishing access, and trails. Finally, the project proposes to construct improvements along East Griffin Drive in order to enhance conditions for non-auto travel modes (such as bicyclists and pedestrians). 243 LSC Transportation Consultants, Inc. Story Mill Park Page 2 Traffic Impact Study SCOPE OF STUDY This traffic engineering study documents the existing and proposed conditions, traffic data, and Level of Service in accordance with the requirements of the City ordinances. The scope of the study was defined by LSC Transportation Consultants and the “TIS Preparation Guidelines” provided in the Greater Bozeman Area Transportation Plan (Section 10.5). The following intersections were identified for analysis: 1. Bridger Drive/Griffin Drive/Rouse Avenue 2. Bridger Drive/Bridger Center Drive/Site Access 3. Bridger Drive/Birdie Drive 4. Bridger Drive/Story Mill Road 5. Story Mill Road/Griffin Drive In addition, the following roadways were identified for analysis: • Rouse Avenue, South of Griffin Drive • Bridger Drive, Between Griffin Drive and Bridger Center Drive • Bridger Drive, Between Bridger Center Drive and Birdie Drive • Bridger Drive, Between Birdie Drive and Story Mill Road • Bridger Drive, East of Story Mill Road • Griffin Drive, West of Rouse Avenue/Bridger Drive • Story Mill Road, North of Bridger Drive • Story Mill Road, South of Bridger Drive The results of this traffic study are used to develop recommendations to mitigate project traffic impacts. This analysis considers two scenarios: 1. Existing (2016) No Project 2. Existing (2016) Plus Project This TIS is prepared for submission to the City. Traffic related issues addressed in this report are consistent with the requirements of the City’s Code of Ordinances Section 38.41.060. The issues are as follows: 1. Existing traffic conditions 2. Site generated traffic volumes and their distribution and assignment 3. Level of Service analysis with and without the project 4. Recommendations for mitigation of traffic impacts 5. Peak-hour signal warrant conditions 244 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 3 Chapter 2 EXISTING CONDITIONS The existing infrastructure and operational traffic conditions in the vicinity of the site were documented. The following discussion presents information regarding the project site, turn volumes, and traffic conditions in the study area. Figure 1 displays the existing roadway lane configurations and traffic controls. ROADWAY CHARACTERISTICS The roadways in the vicinity of the site area are State Route (SR) 86 (Rouse Avenue-Bridger Drive), Story Mill Road, Birdie Drive, Bridger Center Drive, East Griffin Drive, Story Mill Spur, and Rouse Avenue. The pertinent information regarding these roadways is described below. SR 86 (Rouse Avenue-Bridger Drive) provides access from downtown Bozeman through the Bridger Canyon to the northeast of the City of Bozeman. Rouse Avenue runs in a north-south direction from downtown Bozeman to north of Interstate 90. Rouse Avenue has a two-lane cross-section through the study area. There is a left-turn lane at the signalized intersection with Griffin Drive, but no other turn lanes are provided. There is a grade separation at Interstate 90 at Rouse Avenue, but there is no direct access to the freeway. The posted speed limit on Rouse Avenue north of Interstate 90 is 35 mph. At the intersection with East Griffin Drive, Rouse Avenue continues to the north as Bridger Drive. Bridger Drive continues to the east and assumes an east-west alignment through the study area. Bridger Drive continues a two-lane cross section through the study area. There are currently no turn pockets provided at intersections. The posted Speed limit on Bridger Drive is 35 mph. East of Story Mill Road, the speed limit increases to 45 mph. SR 86 is classified as an urban minor arterial by the Montana Department of Transportation (MDT). The City of Bozeman classifies SR 86 as an urban principal arterial. Griffin Drive runs in an east-west alignment between Story Mill Road and North 7th Avenue. West of SR 86, Griffin Drive is classified as an urban minor arterial by the Montana Department of Transportation and as an urban principle arterial by the City of Bozeman. West of SR 86, Griffin Drive has a two-lane cross section with a right-turn lane provided at the signalized intersection with SR 86. The posted speed limit west of SR 86 is 35 mph. East of SR 86, Griffin Drive is considered a local roadway and has a posted speed limit of 25 mph. This section of Griffin Drive has a narrow cross section and traverses two bridges. This portion of Griffin Drive traverses the study area. Part of East Griffin Drive is proposed to be improved in order to better accommodate non-auto modes, such as bicyclists and pedestrians as part of the proposed Story Mill Park project. Story Mill Road is classified as an urban collector by the Montana Department of Transportation and as an urban major collector by the City of Bozeman. Story Mill Road runs in a north-south direction and has a two-lane cross section. North of SR 86, Story Mill Road provides access to residential and rural areas. The posted speed limit on Story Mill Road north of SR 86 is 35 mph. South of SR 86, Story Mill Road connects with L Street, which provides a second grade separation under I-90 on the northeast side of Bozeman connecting to downtown. The posted speed limit on Story Mill Road south of SR 86 is 25 mph. The intersection of Story 245 LSC Transportation Consultants, Inc. Story Mill Park Page 4 Traffic Impact Study SITEBozeman§¨¦90£¤191£¤10UV86rSite01.530.75MilesIFigure 1:Story Mill Park Site Location, Lane Configuration and Intersection Controls4Bridger Dr./Story Mill Rd.1Rouse Ave/Bridger Dr./Griffin Dr.GriffinDr.2Bridger Dr./Bridger Center Dr./Site Access3Bridger Dr./Birdie Dr.5Story Mill Rd./Griffin Dr.23451èéRouse Ave.Site AccessBridger Center Dr.868686Story MillRd.86BridgerDr.Story Mill Rd.GriffinDr.IService Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityBridger Dr.éèBridger Dr.Stop SignTraffic SignalLane ConfigurationLEGENDSite AccessBirdie Dr.ProposedDog Park246 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 5 Mill Road at SR 86 is stop-controlled for both of the Story Mill Road intersection approaches and free for traffic on SR 86. Bridger Center Drive is a short local roadway that extends to the north of SR 86. Bridger Center Drive provides access to industrial park land uses. The Bridger Center Drive approach to the SR 86 is stop-controlled. The south leg of this intersection, which currently provides access to the Boy and Girls Club, would provide access to the proposed project site. Birdie Drive is a local roadway that provides access to residential neighborhoods north of SR 86. There are commercial park type land uses located in the vicinity of the intersection of SR 86/Birdie Drive. The posted speed limit on Birdie Drive is 25 mph. The Birdie Drive approach to the intersection with SR 86 is stop-controlled. A proposed park driveway would form the fourth leg (south leg) of this intersection. Figure 1 shows the project area, study intersections, lane configuration, and intersection controls. EXISTING (2016) TRAFFIC VOLUMES Existing traffic volume data is the basis for the analysis of the capacity and safety of the roadways. Intersection traffic volumes are estimated for the AM and PM peak hours, and daily traffic volumes are estimated for the study roadway segments. Intersection Traffic Volumes Intersection turning-movement counts were conducted at the Bridger Drive/Rouse Avenue/ Griffin Drive and Bridger Drive/Story Mill Road intersections on Tuesday, October 20, 2015 by Robert Peccia and Associates as a part of the update to the City of Bozeman Transportation Plan. The Bridger Drive/Bridger Center Drive/Site Access and Bridger Drive/Birdie Drive intersections were counted on Tuesday, April 12, 2016, and the Story Mill Road/East Griffin Drive intersection was counted on Wednesday, April 13, 2016 by Stahly Engineering & Associates, Inc as a part of this project. As per the City of Bozeman Transportation Plan, all intersection counts were counted on a regular weekday (Tuesday, Wednesday, or Thursday) during a non-holiday week from 7:00 AM – 9:00 AM and 4:00 PM – 6:00 PM. The count data is contained in Appendix A. MDT provides adjustment factors in order to annualize the traffic counts. These adjustment factors are applied to the count data according to roadway classification, month of the count, and day of week of the count. The resulting AM and PM peak hour intersection turning-movement design volumes are shown in Figure 2. Roadway Segment Traffic Volumes Roadway Annual Average Daily Traffic (AADT) volumes are provided by MDT. The most recent AADT volumes are from 2014 and are available for the following roadway segments: • Rouse Avenue, South of Griffin Drive • Bridger Drive, Between Griffin Drive and Bridger Center Drive • Griffin Drive, West of Rouse Avenue/Bridger Drive • Story Mill Road, South of Bridger Drive 247 LSC Transportation Consultants, Inc. Story Mill Park Page 6 Traffic Impact Study 4Bridger Dr./Story Mill Rd.1Rouse Ave/Bridger Dr./Griffin Dr.GriffinDr.2Bridger Dr./Bridger Center Dr./Site AccessBridgerDr.3Bridger Dr./Birdie Dr.5Story Mill Rd./Griffin Dr.23451Rouse Ave.Site AccessBridger Center Dr.868686BridgerDr.Story MillRd.86BridgerDr.Story Mill Rd.GriffinDr.Service Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityBirdieDr.I00.250.5 seliM521.0139EEE EEE EEEEE E1805571122412113851750EEE EEE EEE0013271160194327608EEE EEE EEEEE E151441194344110583164584891548EE3052 13221251EE EEEE EEEE (163)(328)(373)(1)(2)(0)(7)(192)(9)(159)(173)(1)(234)(1)(9)(8)(9)(4)(474)(10)(28)(0)(16)(13)(42)(3)(29)(0)(342)EE E(437)(5)(4)(231)(18)(44)(11)(33)(150)(99)(21)(10)(16)(274)(7)(3)(54)(77)(10)E148(77)Turning MovementAM Traffic VolumesPM Traffic VolumesLEGENDFigure 2Story Mill Park AM and PM Peak Hour Existing No Project Volumes248 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 7 AADT for the remaining roadway segments is estimated by applying a daily-to-peak hour factor to the two-way peak-hour volumes. This factor is estimated based on the ratio of AADT to the peak-hour volume on known segments. This ratio is then multiplied by the peak-hour volume on the other roadway segments to estimate the AADT on those segments. The resulting roadway segment design volumes are shown in Figure 3. 249 LSC Transportation Consultants, Inc. Story Mill Park Page 8 Traffic Impact Study Figure 3:Existing Daily Traffic VolumesService Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityI00.150.3 seliM570.011,2608,1407,9907,1005,230,01,6407509180,250 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 9 Chapter 3 PROPOSED CONDITIONS The proposed development will add traffic to the roadway system. The project location and the size of the project are important elements that need to be considered to determine the impacts of this development on safety and capacity. It is also important to examine how the project will operate with the existing transportation system, estimate how much new traffic will be generated, and predict where traffic generated by the site will be distributed. PROJECT DESCRIPTION The proposed community park is approximately 60.24 acres in area and is proposed to contain the following amenities: • Community Center (11,760 square feet) • Teaching Garden/Food Forest • Trails • Event Lawn • Amphitheater • Picnic Pavilion • River Access • Playground • Nature Walk • Fishing Access • Dog Park (0.5 acre) For purposes of this analysis, the project is assumed to be 100% complete under ‘existing plus project’ conditions. The project proponent indicates that special events (lawn events and amphitheater events) and event traffic would be limited to late evenings and weekends. Note that there is an existing Boys and Girls Club at the location of the proposed community center. In order to remain conservative in this analysis, no credit is applied for existing site-generated traffic. TRIP GENERATION, DISTRIBUTION, AND ASSIGNMENT Trip Generation The first step in the analysis of future traffic impacts is to prepare an estimate of the number of trips generated by the proposed project. Trip generation is the evaluation of the number of vehicle-trips that will either have an origin or destination at the project site. Daily vehicle trips and peak-hour vehicle trips must be determined in order to analyze the potential impacts from the proposed project development. A summary of trip generation for the proposed project is presented in Table 1. 251 LSC Transportation Consultants, Inc. Story Mill Park Page 10 Traffic Impact Study TABLE 1: Story Mill Park Trip GenerationTrip Generation Rates Project Generated Vehicle Trips at Site AccessITEAM Peak Hour PM Peak Hour Non-AutoAM Peak Hour PM Peak HourDescriptionITE Land Use CodeQuantity UnitDailyIn O ut Total In O ut TotalReduction DailyIn Ou t Total In Out TotalDesign Day Trip GenerationCommunity Park 1Regional Park 41760.24 Acres 4.570.090.060.150.110.150.265% 262 5497815Community Center 2N/AN/A 11.76 KSF -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - Community Center Staff 3,4N/AN/A 12 Employees 2.40 0.90 0.00 0.90 0.00 0.90 0.90 10% 26 10 0 10 0 10 10 - Preschool 5N/A N/A 20Participants1.800.180.000.180.000.000.000% 36 404000 - Day Camps 6N/AN/A 12 Participants 3.60 0.68 0.68 1.35 0.68 0.68 1.35 0% 43 8 8 16 8 8 16 - Activities 7N/A N/A 15Participants3.600.000.000.000.090.090.180% 54 000123 - After school programs 8N/AN/A 20 Participants 2.10 0.00 0.00 0.00 0.75 0.75 1.50 0% 42 0 0 0 15 15 30 - Gym Rentals (6-8 PM) 9N/AN/A 30 Participants 2.00 0.00 0.00 0.00 0.75 0.00 0.75 0% 60 0 0 0 23 0 23 - Gym Rentals (8-10PM)N/A N/A 30Participants2.000.000.000.000.000.000.000% 60 000000 - Facility Rentals 10N/A N/A 20Participants2.000.000.000.000.000.000.000% 40 000000Subtotal Community Center361 22 8 30 47 35 82Dog Park 11N/AN/A 0.5 Acres-- -- -- -- -- -- -- --15 112112Total Design Day Trip Generation638 28 13 41 55 44 99Special Event Trip Generation 12Amphitheater 13N/A N/A 200 Seats 0.800.040.000.040.000.400.400% 160 80808080 - Event Staff 1410 Staff 2.000.250.000.250.000.500.500% 20 303055Event Lawn 13N/AN/A 300 Attendees 0.80 0.04 0.00 0.04 0.00 0.40 0.40 0% 240 12 0 12 0 120 120 - Event Staff 1415 Staff 2.000.250.000.250.000.500.500% 30 404088Total Worst-Case Additional Event Traffic (Assumes two concurrent events both ending during PM peak hour) 450 27 0 27 0 213 213NOTE: KSF = 1,000 Square FeetNote 1: Trip generation rates for the proposed Community Park are based on Trip Generation, 9th Edition (ITE, 2012).Note 2: Trip generation for the proposed community center is based on a person-trip analysis for the anticipated uses of the facility listed below.Note 3: Community Center staff are assumed to generate one entering trip during AM peak hour, one exiting trip during PM peak hour, with one third generating an additional round-trip during the day, and 20 percent car pooling.Note 4: Community Center staff is assumed to consist of 6 full-time employees and 6 part-time employees. Part-time employees are assumed to w ork a traditional 8-hour day on days that they work.Note 5: Pre-school parents are assumed to remain on-site for the duration of the program. Twenty percent of participants are assumed to carpool and ten percent are assumed to arrive during AM peak hour.Note 6: Day camp participants are assumed to be dropped-off and picked-up by their parents. Twenty percent of participants are assumed to carpool. Seventy-five percent of participants are assumed to arrive during the AM peak hour and 75 percent of participants are assumed to depart during the PM peak hour.Note 7: Activities participants are assumed to be dropped-off and picked-up by their parents. Twenty percent of participants are assumed to carpool. Ten percent of participants are assumed to depart during the PM peak hour.Note 8: The daily rate reflects that all after school program participants w ill arrive by school bus and be picked-up by parents. It is assumed that 75 percent of participants will depart during the PM peak hour.Note 9: Seventy-five percent of gym participants are assumed to arrive during the PM peak hour.Note 10: Facility rental are assumed to occur evenings after the PM peak hour. Note 11: The trip generation for the proposed Dog Park is estimated based on discussions with the project proponent and use levels anticipated by the City of Bozeman.Note 12: Special Events are assumed to not coincide with design w eekday AM and PM peak hour traffic. Special event trip generation is therefore not included in the intersection LOS analysis and is provided for information purposes.Note 13: A vehicle occupancy of 2.5 persons per vehicle is assumed for amphitheater and event lawn events. This is consistent with other traffic studies for event venues.Note 14: One event staff person is assumed for every 20 event attendees. Staff are assumed to have vehicle occupancy of 1.0.Source: LSC Transportation Consultants, Inc.Story Mill TIA.xlsx252 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 11 First, trip generation is evaluated for a typical busy summer day (the “design day”) without a special event. Next, the trip generation associated with special events is estimated, based on a worst-case scenario with regards to event traffic. However, for purposes of this analysis, event traffic is not included in the design volumes, as the project proponent indicates that special events (lawn events and amphitheater events) and event traffic would be limited to late evenings and weekends. Trip Generation – Typical Summer Day (Design Day) Information regarding trip generation is generally contained in the Institute of Transportation Engineers (ITE) Trip Generation Manual (9th Edition, 2012). However, the trip generation of a park varies substantially depending on the specific uses. The proposed uses in Story Mill Community Park do not fall wholly within any of the park definitions in the Manual. The trip generation analysis is presented in Table 1. As shown, the basis for the trip generation analysis of the proposed park is the “Regional Park” land use defined by ITE. The description that ITE provides for the “Regional Park” land use includes many land uses listed in the park program, such as hiking trails, river access, picnic facilities, and office space. However, the ITE description of “Regional Park” does not necessarily include the use of a free-standing community center with regular staff, activities, and events. The ITE description also does not include any mention of a dog park. Therefore, trips associated with these uses were estimated based upon the number of persons expected to use these facilities, factored to convert person-trips to vehicle trips. Community Center Trip Generation The park program lists the expected uses of the community center, and the expected number of participants for each use. These uses are shown in the table. The daily trip rate for each use assumes one round-trip, meaning two one-way trips (one entering and one exiting), for each participant. The daily trip rates also reflect increased vehicle occupancy for carpooling. For example, many uses are estimated to have a carpool rate of 20 percent. Therefore, the trip rate reflects an average vehicle occupancy rate of 1.11 persons per vehicle for uses where carpooling is expected. Additionally, trip rates for facility uses for children below driving age – such as the proposed day camp – reflect that these participants would be dropped off and picked up by an adult who would not remain at the park for the duration of the activity. Each drop-off “trip” and each pick-up “trip” actually generates two one-way trips at the site access points. This results in the potential for each participant to generate up to four one-way trips at the project access. The daily trip rate for the preschool reflects that parents will remain on site for the duration of this program and 20 percent will carpool. The daily trip rate for the after-school programs assumes that the participants will arrive at the site by bus, but will be picked up by parents. Peak-hour trip generation is based on the time-of-day schedule of activities provided by the project proponent. Uses with scheduled start or end times within the adjacent street peak AM and PM periods (7:00-9:00 AM and 4:00-6:00 PM) are estimated to have 75 percent of their participants arrive or depart during the corresponding design peak hour. Uses with a start or end time within an hour of the adjacent street AM and PM peak hours are estimated to have 10 percent of their participants generate a trip during the corresponding peak hour. 253 LSC Transportation Consultants, Inc. Story Mill Park Page 12 Traffic Impact Study Dog Park Trip Generation ITE does not provide standard trip generation statistics for a dog park. As the ITE land use description for “Regional Park” does not mention dog parks in the sites surveyed, the trip generation of the dog park is estimated in addition to the community park use, in order to remain conservative in this analysis. Based on discussions with the project team and the anticipated use levels at the dog park, about 15 daily one-way trips and 2 peak-hour trips in the AM and PM are expected to be generated by this use. Reductions for Non-Auto Trips The standard ITE trip rates are based on vehicle counts at driveways and as such, they reflect a typical level of non-auto travel. Considering the extensive trail system, an additional 5-percent reduction is applied to the “Regional Park” trip generation to reflect trips made to/from the proposed park via non-auto modes. It was reported that approximately 20 percent of the community center employees would bike to work. However, to remain conservative in this analysis and to account for the fact that employee housing location may change over time, a 10 percent non-auto reduction is assumed for community center employees. Also to remain conservative in this analysis, no further non-auto mode reductions are assumed for other proposed uses of the community center and the park. Total Trip Generation on Design Day As shown in Table 1, the proposed Story Mill Community Park is estimated to generate a total of approximately 638 daily one-way vehicle trips on a typical weekday without an event scheduled. The project is estimated to generate 41 vehicle trips (28 entering and 13 exiting) during the AM peak hour of the design day, and 99 vehicle trips (55 entering and 44 exiting) during the PM peak hour. The traffic operations analysis is based on these figures. Trip Generation – Special Events Trip generation for the proposed amphitheater and the proposed event lawn is estimated using a person-trip analysis based on the stated capacity of each of these proposed venues. The daily trip rate assumes one inbound and one outbound trip per seat or attendee with an average vehicle occupancy of 2.5 persons per vehicle. Peak-hour trip generation for event is dependent on the schedule and duration of the event and could vary greatly depending on the type of event. Peak- hour trip generation is estimated at 5 percent of daily trips during the AM peak hour and 50 percent of daily trips during the PM peak hour. This estimation for the PM peak hour is based on a conservative worst-case scenario in which all event attendees would depart from the site during the PM peak hour. Trip generation for both of the event venues also includes trips generated by event staff. A staffing level of one event staff per 20 event attendees is assumed, based upon average employee-to-attendee ratios for convention-type uses. Each staff member is assumed to generate one entering and one exiting trip at the site access on the day of the event. Staff are 254 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 13 conservatively assumed to have a vehicle occupancy rate of 1.0. Approximately 25 percent of staff are assumed to arrive during the AM peak hour and 50 percent of staff are estimated to generate an outbound trip during the PM peak hour. As shown in the lower portion of Table 1, the worst-case scenario of two concurrent special events at the proposed Story Mill Community Park would generate an additional 450 one-way daily vehicle trips, with 27 entering trips during the AM peak hour and 213 exiting trips during the PM peak hour. For purposes of the traffic operational analysis, neither of the proposed event venues are assumed to schedule an event during typical weekday commuter peak hours. As such, the special event trips are not reflected in the intersection and roadway capacity analyses. Trip Distribution and Assignment The distribution of traffic arriving and leaving the project site is identified based upon the distribution of traffic arriving and leaving the project site and is estimated based on population distribution in the City of Bozeman (as reported by the United State Census Bureau on the American Fact Finder website), regional access patterns, existing turning-movement volumes, and the location of complementary land uses within the area. The trip distribution pattern assumed for the Story Mill Park project is shown in Table 2. As shown, the majority of trips (63 percent) are expected to travel to/from Rouse Avenue to the south. The project-generated turning-movement volumes are calculated by applying the distribution to the trip generation. The Story Mill Park peak-hour project-generated intersection turning movements are provided in Figure 4 and the daily project generated traffic volumes are provided in Figure 5. The project-generated volumes are added to the existing turning-movement volumes to create the existing 2016 intersection turning-movement volumes with Story Mill Park, as displayed in Figure 6. The daily traffic volumes with Story Mill Park are displayed in Figure 7. TABLE 2: Story Mill Park Trip Distribution Origin / Destination Distribution Rouse Avenue, South of Griffin Drive 63% Griffin Drive, West of Rouse Avenue 21% Bridger Drive, East of Story Mill Road 5% Story Mill Road, North of Bridger Drive 1% Story Mill Road, South of Griffin Drive 9% Birdie Drive 1% Total 100% Source: LSC Transportation Consultants, Inc.Story Mill TIA.xlsx 255 LSC Transportation Consultants, Inc. Story Mill Park Page 14 Traffic Impact Study 4Bridger Dr./Story Mill Rd.1Rouse Ave/Bridger Dr./Griffin Dr.GriffinDr.2Bridger Dr./Bridger Center Dr./Site AccessBridgerDr.3Bridger Dr./Birdie Dr.5Story Mill Rd./Griffin Dr.23451Rouse Ave.Site AccessBridger Center Dr.868686Story MillRd.86BridgerDr.Story Mill Rd.GriffinDr.Service Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityBirdieDr.I00.250.5seliM521.00EEE EEE EEEEE E1700000836007EEE EEE EEE0134000004193EEE EEE EEEEE E00010000001031000EE30 0001E EEEEE EEEE (0)(34)(7)(7)(6)(0)(29)(0)(0)(12)(9)(0)(27)(0)(0)(0)(0)(40)(6)(0)(0)(0)(0)(0)(0)(0)(0)(0)(7)EE E(6)(0)(0)(2)(0)(0)(5)(0)(1)(1)(0)(0)(4)(2)(0)(0)(4)(5)(0)E148(77)Turning MovementAM Traffic VolumesPM Traffic VolumesLEGENDBridger Dr.Site AccessProposedEEEEEE 400104(7)(0)(1)(6)(1)(0)Figure 4Story Mill Park Project Generated AM and PM Peak Hour Traffic VolumesSITE256 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 15 Figure 5:Project Generated Daily Traffic VolumesService Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityI00.150.3 seliM570.0SITE3945282799932,0665134257 LSC Transportation Consultants, Inc. Story Mill Park Page 16 Traffic Impact Study 4Bridger Dr./Story Mill Rd.1Rouse Ave/Bridger Dr./Griffin Dr.GriffinDr.2Bridger Dr./Bridger Center Dr./Site AccessBridgerDr.3Bridger Dr./Birdie Dr.5Story Mill Rd./Griffin Dr.23451Rouse Ave.Site AccessBridger Center Dr.868686Story MillRd.86BridgerDr.Story Mill Rd.GriffinDr.Service Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityBirdieDr.I00.250.5 seliM521.0139EEE EEE EEEEE E1975571123212414451757EE EEEE EEE014331116019432801911EEE EEE EEEEE E151441195344110583164685192548EE3082 13221252EE EEEE EEEE (163)(362)(380)(8)(8)(0)(36)(192)(9)(171)(182)(1)(261)(1)(9)(8)(9)(44)(480)(10)(28)(0)(16)(13)(42)(3)(29)(0)(349)EE E(443)(5)(4)(233)(18)(44)(16)(33)(151)(100)(21)(10)(20)(276)(7)(3)(58)(82)(10)E148(77)Turning MovementAM Traffic VolumesPM Traffic VolumesLEGENDBridger Dr.Site AccessProposedEEEEEE 400104(7)(0)(1)(6)(1)(0)Figure 6AM and PM Peak Hour Traffic Volumes with Story Mill ParkSITE258 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 17 Figure 7:Existing Daily Traffic Volumes with Story Mill ParkService Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityI00.150.3seliM570.0SITE11,6548,6688,2697,1995,262,01,6468159,314259 LSC Transportation Consultants, Inc. Story Mill Park Page 18 Traffic Impact Study This page left intentionally blank. 260 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 19 Chapter 4 LEVEL OF SERVICE DESCRIPTION Traffic operations at the study intersections are assessed in terms of Level of Service (LOS) and delay. LOS is a concept that was developed by transportation engineers to quantify the level of operation of intersections and roadways (Highway Capacity Manual, Transportation Research Board, 2010). LOS measures are classified in grades "A" through "F," indicating the range of operation. LOS "A" signifies the best level of operation, while "F" represents the worst. A detailed description of LOS criteria is provided in Appendix B. For signalized intersections, LOS is primarily measured in terms of average delay per vehicle entering the intersection. LOS at unsignalized intersections is quantified in terms of delay per vehicle for each movement. Unsignalized intersection LOS is based upon the theory of gap acceptance for side-street stop sign-controlled approaches, while signalized intersection LOS is based upon the assessment of volume-to-capacity ratios and control delay. Roundabout LOS is based upon the theory of gap acceptance for the traffic entering the roundabout, and an assessment of the conflicting circulating flow. LEVEL OF SERVICE STANDARDS The Level of Service (LOS) standard set forth in the Bozeman Code (Section 38.24.060.B) is as follows: AAll arterial and collector streets and intersections with arterial and collector streets shall operate at a minimum level of service “C” unless specifically exempted by this subsection. Level of service (LOS) values shall be determined by using the methods defined by the most recent edition of the Highway Capacity Manual. A development shall be approved only if the LOS requirements are met in the design year, which shall be a minimum of 15 years following the development application review of construction of mitigation measures if mitigation measures are required to maintain LOS. Intersections shall have a minimum acceptable LOS of “C” for the intersection as a whole. a. Exception: If an intersection within the area required to be studied by section 38. 41.060.A.12 does not meet LOS “C” and the intersection has been fully constructed to its maximum lane and turning movement capacity, then an LOS of less than “C” is acceptable. b. Exception: The review authority may accept and LOS of less than “C” at a specific intersection if: 1) A variance to allow a lesser LOS was approved not more than two years prior to the date an application for development being reviewed is determined to be adequate for review; 2) The request was made in writing with the application; and 3) The circumstances are in the professional judgment of the review authority substantially the same as when the variance was granted.@ 261 LSC Transportation Consultants, Inc. Story Mill Park Page 20 Traffic Impact Study ANALYSIS METHODOLOGY The LOS at the study intersections is evaluated for the peak hours by utilizing the Synchro software (Version 8.0, Trafficware), based upon the procedures presented in the 2010 Highway Capacity Manual (Federal Highways Administration, 2010). The Synchro output and calculations are provided in Appendix C for further reference. The roadway LOS evaluation is based on methodology and lookup tables provided by the Florida Department of Transportation. FDOT methodologies are determined to be most appropriate for this area, as the methodologies available using the HCM 2010 and HCS would not be applicable to the characteristics of the study roadways. The ADT lookup tables are contained in Appendix D. LEVEL OF SERVICE ANALYSIS Intersection LOS Intersections in the project area were evaluated to determine existing operational conditions for weekday peak-hour conditions. Table 3 summarizes the results of the LOS analysis for Year 2016 conditions. As shown, all study intersections currently operate at an acceptable LOS C or better during the AM and PM peak hours. With implementation of the proposed project in 2016, some intersections would degrade by one level during the AM peak hour, although the LOS at all study intersections would remain at an acceptable LOS C or better during this period. In the PM peak hour, the following two intersections would degrade from LOS C to LOS D: • Bridger Drive / Bridger Center Drive / Site Access • Bridger Drive / Story Mill Road TABLE 3: Story Mill Park TIA - Intersection LOS Without Project With Story Mill Park Intersection Delay (sec/veh)LOS Delay (sec/veh)LOS AM Bridger Dr / Rouse Ave / Griffin Drive 1 7.4 A 7.5 A Bridger Dr / Bridger Center Dr / site access 12.2 B 17.2 C Bridger Dr / Birdie Dr 10.5 B 15.6 C Bridger Dr / Story Mill Rd 15.9 C 16.7 C Story Mill Rd / Griffin Dr 9.2 A 9.2 A PM Bridger Dr / Rouse Ave / Griffin Drive 1 7.9 A 8.0 A Bridger Dr / Bridger Center Dr / site access 20.4 C 26.2 D Bridger Dr / Birdie Dr 11.4 B 21.3 C Bridger Dr / Story Mill Rd 22.7 C 25.2 D Story Mill Rd / Griffin Dr 9.0 A 9.0 A Bold indicates that LOS standard has been exceeded. Note: All intersections are side-street stop-controlled, unless otherw ise noted. Note: Delay and LOS are based on most constrained approach for side-street stop-controlled intersections. Note 1: This intersection is signalized. Delay and LOS are reported for the intersection as a w hole. Source: LSC Transportation Consultants, Inc.Story Mill TIA.xlsx 262 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 21 Note that the Bridger Drive / Bridger Center Drive intersection only exceeds the LOS C standard by approximately 1.2 seconds per vehicle, and the Bridger Drive / Story Mill Road intersection only marginally exceeds the LOS C standard (by 0.2 seconds per vehicle). Although the average delays would increase at the remaining study intersections, they would operate at LOS C or better during the PM peak hour with the project. Roadway LOS The roadway LOS analysis is summarized in Table 4. As shown, all study roadway segments currently operate at an acceptable LOS B, except the segment of Rouse Avenue south of Griffin Drive, which operates at an acceptable LOS C. Implementation of the proposed project in 2016 is not expected to degrade the LOS on any study roadway segment, with the exception of Griffin Drive west of Rouse Avenue, which would degrade from an acceptable LOS B to an acceptable LOS C. As such, no roadway LOS deficiencies are identified with the proposed project. 263 LSC Transportation Consultants, Inc. Story Mill Park Page 22 Traffic Impact Study TABLE 4: Story Mill Park - Roadway LOSRoadwaySegmentCity of Bozeman Functional ClassificationMDT Functional Classification MDT AADTLSC Estimated AADTExisting LOSProject Generated ADTADT With Story Mill ParkWith Project LOSRouse Avenue South of Griffin DrivePrincipal Arterial Minor Arterial 11,260 --C394 11,654 CBridger Drive Between Griffin Drive and Bridger Center Drive Principal Arterial Minor Arterial 8,140 --B528 8,668 BBridger Drive Between Bridger Center Drive and Birdie Drive Principal Arterial Minor Arterial -- 7,990 B279 8,269 BBridger Drive Between Birdie Drive and Story Mill RoadPrincipal Arterial Minor Arterial -- 7,100 B99 7,199 BBridger Drive East of Story Mill RoadPrincipal Arterial Minor Arterial -- 5,230 B32 5,262 BGriffin Drive West of Rouse Avenue/Bridger DriveMinor Arterial Minor Arterial 9,180 --B134 9,314 CStory Mill Road North of Bridger DriveCollector Major Collector -- 1,640 B61,646 BStory Mill Road South of Bridger DriveCollector Major Collector 750--B65815 BSource: LSC Transportation Consultants, Inc.Story Mill TIA.xlsx264 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 23 Chapter 5 TRAFFIC IMPACTS, RECOMMENDATIONS AND CONCLUSIONS The following potential areas of traffic impacts are considered in this section: • Impact on Traffic Volumes • Intersection Level of Service • Signal Warrant Analysis • Roadway Level of Service • Analysis of the Need for New Turn Lanes Potential mitigation measures are discussed, and recommendations are made. Finally, the conclusions of this study are summarized. IMPACT ON TRAFFIC VOLUMES The project impact on total intersection traffic volumes during the AM and PM peak hours is shown in Table 5. The largest impact occurs at the Bridger Drive / Bridger Center Drive / Site Access intersection, where the total traffic volumes would increase by approximately 38 trips (or 5.6 percent) in the AM peak hour and 95 trips (or 10.2 percent) in the PM peak hour. Note that the project has a minimal impact on the total traffic volumes through the Bridger Drive / Story Mill Road intersection, with an increase of less than 2.0 percent. The project impact on roadway daily traffic volumes (ADT) is also estimated. As shown in the lower portion of the table, the biggest increase in ADT occurs on the segment of Bridger Drive TABLE 5: Story Mill Park - Traffic Volume Impacts Total Intersection Entering Volume Existing Project Generated Percent Increase in Traffic Due to Project Intersection AM PM Sum AM PM Sum AM PM Sum Bridger Dr / Rouse Ave / Griffin Drive 1,001 1,286 2,287 34 82 116 3.4% 6.4% 5.1% Bridger Dr / Bridger Center Dr / site access 683 928 1,611 38 95 133 5.6% 10.2% 8.3% Bridger Dr / Birdie Dr 612 853 1,465 13 28 41 2.1% 3.3% 2.8% Bridger Dr / Story Mill Rd 677 906 1,583 5 15 20 0.7% 1.7% 1.3% Story Mill Rd / Griffin Dr 164 161 325 4 9 13 2.4% 5.6% 4.0% Daily Traffic Volumes (ADT) Roadway Existing Project Generated Percent Increase in ADT Due to Project Rouse Avenue, South of Griffin Drive 11,260 394 3.5% Bridger Drive, Between Griffin Drive and Bridger Center Drive 8,140 528 6.5% Bridger Drive, Between Bridger Center Drive and Birdie Drive 7,990 279 3.5% Bridger Drive, Between Birdie Drive and Story Mill Road 7,100 99 1.4% Bridger Drive, East of Story Mill Road 5,230 32 0.6% Griffin Drive, West of Rouse Avenue/Bridger Drive 9,180 134 1.5% Story Mill Road, North of Bridger Drive 1,640 6 0.4% Story Mill Road, South of Bridger Drive 750 65 8.7% Source: LSC Transportation Consultants, Inc.Story Mill TIA.xlsx 265 LSC Transportation Consultants, Inc. Story Mill Park Page 24 Traffic Impact Study between Griffin Drive/Rouse Avenue and Bridger Center Drive, with an increase of approximately 528 ADT (or a 6.5 percent increase). Story Mill Road immediately south of Bridger Drive would experience an increase of approximately 65 ADT (or an 8.7 percent increase). During the AM peak hour, the project is estimated to increase the total two-way traffic volume on Story Mill Road immediately south of Bridger Drive by approximately 4 one-way trips, or one trip every 15 minutes, on average. During the PM peak hour, the project would add approximately 9 one-way trips, which equates to less than one trip every 6 minutes, on average. Although the project proposes improvements to a portion of East Griffin Drive in order to enhance conditions for non-auto modes, the project is expected to have a minimal impact on traffic volumes along this roadway. INTERSECTION LOS IMPACTS Implementation of the proposed project would cause the following two intersections to degrade from LOS C to LOS D during the PM peak hour: • Bridger Drive / Bridger Center Drive / Site Access • Bridger Drive / Story Mill Road Potential intersection LOS mitigation measures are discussed below. No intersection LOS deficiencies are expected during the AM peak hour. Bridger Drive / Bridger Center Drive / Site Access Due to the proposed project, the average delay increases by approximately 5.8 seconds on the worst approach. Although provision of a separate right-turn lane on the site driveway approach would improve the LOS for drivers turning right onto Bridger Drive, this would not improve the LOS to an acceptable level. Provision of a central two-way left-turn lane (TWLTL) along Bridger Drive west of the intersection, which would allow two-stage left-turn movements to be made from the site driveway, would improve the LOS to an acceptable LOS C under ‘existing plus project’ peak-hour conditions. This turn lane improvement is a planned improvement by MDT (along with new sidewalks and other improvements). Bridger Drive / Story Mill Road Due to the proposed project, the average delay increases by approximately 2.5 seconds on the worst approach. Provision of a separate left-turn lane on the northbound Story Mill Road approach would improve the LOS to an acceptable LOS C or better under ‘existing plus project’ peak-hour conditions. This improvement would require widening the median of Story Mill Road within the vicinity of Bridger Drive, which is consistent with the City’s long-term vision of a 3- lane cross-section along Story Mill Road. Alternatively, provision of a separate right-turn lane on the northbound Story Mill Road approach would improve the LOS to an acceptable LOS C or better with the project; however, this improvement may not be desirable due to right-of-way constraints. 266 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 25 Year 2018 Intersection LOS The MDT improvements along Bridger Drive are expected to be completed by 2018. In order to estimate Year 2018 intersection volumes, ADT forecasts for Bridger Drive and Story Mill Road were obtained from the traffic model that was recently updated as a part of the City’s Transportation Plan Update project. Based upon a review of the model’s 2014 and 2040 traffic volumes, the average annual growth rates along Bridger Drive and Story Mill Road in the study area are estimated to be approximately 1.3 percent and 3.3 percent, respectively. Applying these growth rates to the 2016 PM peak-hour intersection volumes yields the ‘2018 no project’ PM peak-hour volumes shown in Table 6. Adding the project-generated volumes to those volumes yields the ‘2018 with project’ volumes shown in the lower portion of the table. Note that traffic volumes are not developed for the 2018 AM peak hour, as PM peak-hour conditions represent the worst case. Intersection LOS was evaluated under 2018 conditions at the two intersections expected to operate at LOS D in 2016. Assuming the MDT improvements are complete, the results indicate that the Bridger Drive / Story Mill Road intersection would continue to operate at LOS D. However, widening the Story Mill Road approaches to provide exclusive left-turn lanes would improve the LOS to an acceptable LOS C with the Story Mill Park Project in 2018. SIGNAL WARRANT ANALYSIS The peak-hour traffic volumes were reviewed against the signal warrant criteria presented in the Manual on Uniform Traffic Control Devices (MUTCD, U.S. Department of Transportation, Federal Highway Administration). The traffic volumes with the proposed project in 2016 do not meet the criteria at any of the unsignalized study intersections during the AM and PM peak hours. The criteria is also not met in 2018. ROADWAY LOS IMPACTS As all study roadway segments would operate at an acceptable LOS C or better with the proposed project in 2016, no roadway LOS deficiencies are identified. ANALYSIS OF THE NEED FOR NEW TURN LANES The need for left- and right-turn lanes along a main roadway is evaluated based on the guidelines specified by National Cooperative Highway Research Program (NCHRP) Report 457 “Evaluating Intersection Improvements: An Engineering Study Guide” (Transportation Research Board, 2001). The turn lane warrant criteria charts are included in Appendix E. The need for new turn lanes is evaluated only for side-street stop-controlled intersections, as the need for turn lanes at signalized and roundabout-controlled intersections is determined by level of service. 267 LSC Transportation Consultants, Inc. Story Mill Park Page 26 Traffic Impact Study TABLE 6: Story Mill Park - Year 2018 PM Peak-Hour Intersection Traffic VolumesNorthbound Southbound Eastbound WestboundIntersection Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total2018 No ProjectBridger Dr / Bridger Center Dr / site access 7 0 2 16 0 28 10 486 4 1 383 13 950Bridger Dr / Birdie Dr 000302943449003510875Bridger Dr / Story Mill Rd 12 35 47 5 22 106 154 281 16 18 237 4 9372018 With ProjectBridger Dr / Bridger Center Dr / site access 36 0 8 16 0 28 10 492 44 8 390 13 1,045Bridger Dr / Birdie Dr 701302943455613580903Bridger Dr / Story Mill Rd 17 35 47 5 22 107 155 283 20 18 239 4 952Source: LSC Transportation Consultants, Inc. and City Transportation Plan model.268 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 27 Left-Turn Lane Warrant Analysis Left-turn lane volume warrants are defined by volume thresholds of opposing traffic versus advancing traffic, as well as the percentage of left-turns on the advancing approach. The warrant chart is attached. The need for new eastbound and westbound left-turn lanes along Bridger Drive was evaluated at the intersections of: • Bridger Center Drive/Site Access • Birdie Drive/Proposed Site Access • Story Mill Road The left-turn lane warrant analysis determined that the following left-turn lanes are warranted: • Eastbound at Birdie Drive both with and without the proposed Story Mill Park project • Eastbound at Story Mill Road both with and without the proposed Story Mill Park project Note that both of these left-turns are warranted during the PM peak hour only. No other left-turn lanes are warranted within the study area. Right-Turn Lane Warrant Analysis Right-turn lane warrants are based on a graphical curve of right-turning volumes versus total traffic in the travel lane. The warrant chart is attached. The peak-hour traffic volumes do not meet the right-turn lane warrant at any of the unsignalized study intersections under either of the study scenarios. RECOMMENDATIONS The following recommendations are made regarding the proposed project: • If all approaches on the unsignalized intersection of Bridger Drive / Bridger Center Drive / Site Access are required to operate at LOS C or better under Year 2016 conditions with the proposed project, it is recommended that a central two-way left-turn lane (TWLTL) be constructed along Bridger Drive west of the intersection. This turn lane improvement (along with other improvements, including new sidewalks), is a planned improvement by MDT. With this improvement, an acceptable LOS C would also be provided in 2018. • Provision of a separate left-turn lane on the northbound Story Mill Road approach to Bridger Drive would improve the LOS at this intersection to an acceptable LOS C or better under ‘existing plus project’ peak-hour conditions. This improvement would require widening the median of Story Mill Road within the vicinity of Bridger Drive, which is consistent with the City’s long-term vision of a 3-lane cross-section along Story Mill Road. Alternatively, provision of a separate right-turn lane on the northbound Story 269 LSC Transportation Consultants, Inc. Story Mill Park Page 28 Traffic Impact Study Mill Road approach would improve the LOS to an acceptable LOS C or better with the project; however, this improvement may not be desired due to right-of-way constraints. Assuming the MDT improvements are completed in 2018, the Bridger Drive / Story Mill Road intersection would continue to operate at LOS D. However, widening the Story Mill Road approaches to provide exclusive left-turn lanes would improve the LOS to an acceptable LOS C with the Story Mill Park Project in 2018. • The turn lane analysis determined that an eastbound left-turn lane is warranted at the Bridger Drive/Birdie Drive intersection and an eastbound left-turn lane is warranted at the Bridger Drive/Story Mill Road intersection. These left-turn lanes are shown to be warranted with or without the proposed project. • It is noted that there is potential for local transit service to be provided in the future, but it is determined that it would not materially affect the findings and conclusions of this analysis. CONCLUSIONS • The proposed Story Mill Community Park is estimated to generate a total of approximately 638 daily one-way vehicle trips on a typical weekday without an event scheduled. The project is estimated to generate 41 vehicle trips (28 entering and 13 exiting) during the AM peak hour of the design day, and 99 vehicle trips (55 entering and 44 exiting) during the PM peak hour. • The project would result in an increase in traffic at any given study intersection of up to 95 peak-hour trips (through the Bridger Drive / Bridger Center Drive / Site Access intersection). The project would have a minimal impact on the total traffic volumes through the Bridger Drive / Story Mill Road intersection (up to 15 peak-hour trips). • The project would increase the ADT on any given roadway segment by up to 528, which occurs along Bridger Drive between Griffin Drive/Rouse Avenue and Bridger Center Drive. The project would increase the ADT on Story Mill Road at a point immediately south of Bridger Drive by approximately 65 ADT. During the AM peak hour, the project is estimated to increase the total two-way traffic volume on Story Mill Road immediately south of Bridger Drive by approximately 4 one-way trips, or one trip every 15 minutes, on average. During the PM peak hour, the project would add approximately 9 one-way trips, which equates to less than one trip every 6 minutes, on average. The project is expected to have a minimal impact on traffic volumes along East Griffin Drive. • All study intersections currently operate at an acceptable LOS C or better during the AM and PM peak hours. With implementation of the proposed project in 2016, some intersections would degrade by one level during the AM peak hour, although the LOS at all study intersections would remain at an acceptable LOS C or better during this period. In the PM peak hour, the following two intersections would degrade from LOS C to LOS D: 270 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 29 o Bridger Drive / Bridger Center Drive / Site Access o Bridger Drive / Story Mill Road If all approaches on the unsignalized intersection of Bridger Drive / Bridger Center Drive / Site Access are required to operate at LOS C or better under Year 2016 conditions with the proposed project, it is recommended that a central two-way left-turn lane (TWLTL) be constructed along Bridger Drive west of the intersection. This turn lane improvement (along with other improvements, including new sidewalks), is a planned improvement by MDT. With this improvement, an acceptable LOS C would also be provided in the Year 2018. At the Bridger Drive/Story Mill Road intersection, provision of a separate left-turn lane on the northbound Story Mill Road approach to Bridger Drive would improve the LOS at this intersection to an acceptable LOS C with the proposed project. This improvement would require widening the median of Story Mill Road within the vicinity of Bridger Drive, which is consistent with the City’s long-term vision of a 3-lane cross-section along Story Mill Road. Alternatively, provision of a separate right-turn lane on the northbound Story Mill Road approach would improve the LOS to an acceptable LOS C or better with the project; however, this improvement may not be desired due to right-of-way constraints. Assuming the MDT improvements are completed in 2018, the Bridger Drive / Story Mill Road intersection would continue to operate at LOS D. However, widening the Story Mill Road approaches to provide exclusive left-turn lanes would improve the LOS to an acceptable LOS C with the Story Mill Park Project in 2018. • The traffic volumes with the proposed project in 2016 do not meet the peak hour traffic signal warrant criteria at any unsignalized study intersections during the AM and PM peak hours. The warrant criteria is also not met in 2018. • All study roadway segments would operate at an acceptable LOS C or better with the proposed project in 2016; no roadway LOS deficiencies are identified. • The turn lane warrant analysis has determined left turn lanes are warranted for the following intersections: eastbound at the Bridger Drive/Birdie Drive intersection; and eastbound at the Bridger Drive/Story Mill Road intersection. These left-turn lanes, which are warranted with or without the proposed project, are planned to be installed as a part of the upcoming MDT project. No right-turn lanes are warranted at any of the unsignalized study intersections. • There is potential for local transit service to be provided in the future, but it is determined that it would not materially affect the findings and conclusions of this analysis. 271 LSC Transportation Consultants, Inc. Story Mill Park Page 30 Traffic Impact Study This page left intentionally blank. 272 Appendix A TRAFFIC COUNTS 273 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 7:00 AM 15 16 0 0 29 26 12 2 16 1 0 0 117 671 7:15 AM 18 21 0 0 42 18 21 1 16 1 3 0 141 793 7:30 AM 26 23 0 0 42 31 22 4 38 0 1 0 187 896 7:45 AM 44 28 2 0 44 34 29 3 40 1 1 0 226 936 8:00 AM 21 41 0 0 73 35 27 1 36 3 1 1 239 930 8:15 AM 35 44 2 1 55 18 28 0 58 0 3 0 244 8:30 AM 39 46 1 0 34 24 38 1 41 1 2 0 227 8:45 AM 44 27 0 0 56 17 29 2 38 1 6 0 220 Peak-Hour Volume 139 159 5 1 206 111 122 5 175 5 7 1 936 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 4:00 PM 52 44 2 0 35 25 36 4 42 3 2 0 245 973 4:15 PM 41 61 2 0 34 26 29 2 35 0 3 1 234 1,035 4:30 PM 32 43 1 0 48 37 17 2 41 1 1 0 223 1,080 4:45 PM 40 58 4 1 52 27 34 0 49 2 3 1 271 1,092 5:00 PM 37 43 3 0 64 56 25 4 67 4 4 0 307 1,056 5:15 PM 43 75 2 0 50 39 26 3 39 1 1 0 279 5:30 PM 43 47 0 0 46 35 23 2 37 1 1 0 235 5:45 PM 34 60 1 0 34 32 31 0 35 7 1 0 235 Peak-Hour Volume 163 223 9 1 212 157 108 9 192 8 9 1 1,092 10/20/2015 7:00 AM Peak Hour 7:45 AM Bridger Drive / Rouse Avenue Griffin Drive Northbound Southbound Eastbound Westbound Northbound Southbound Eastbound Westbound 10/20/2015 4:00 PM Peak Hour 4:45 PM Bridger Drive / Rouse Avenue Griffin Drive 274 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 7:00 AM 0 0 0 0 0 4 3 28 0 0 56 0 91 534 7:15 AM 0 0 0 0 0 1 4 41 0 0 70 0 116 628 7:30 AM 0 0 0 1 0 3 10 48 0 0 75 2 139 676 7:45 AM 0 0 0 1 0 1 18 65 0 1 100 2 188 683 8:00 AM 0 0 0 3 0 5 13 65 0 0 94 5 185 633 8:15 AM 0 0 0 1 0 7 10 70 0 0 74 2 164 8:30 AM 0 0 0 1 0 6 2 76 0 0 59 2 146 8:45 AM 0 0 0 1 0 4 6 63 0 0 62 2 138 Peak-Hour Volume 0 0 0 6 0 19 43 276 0 1 327 11 683 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 4:00 PM 0 0 0 3 0 8 4 86 0 0 82 5 188 753 4:15 PM 0 0 0 4 0 10 5 92 1 0 80 4 196 792 4:30 PM 1 0 0 2 0 8 2 79 3 0 78 3 176 825 4:45 PM 1 2 0 2 0 8 1 105 1 0 72 1 193 906 5:00 PM 1 0 0 8 0 8 2 112 1 0 93 2 227 928 5:15 PM 2 0 1 4 0 5 2 122 3 1 85 4 229 5:30 PM 4 0 1 1 0 9 4 131 0 0 103 4 257 5:45 PM 0 0 0 3 0 6 2 109 0 0 92 3 215 Peak-Hour Volume 7 0 2 16 0 28 10 474 4 1 373 13 928 Bridger Center Drive Bridger Drive Northbound Southbound Eastbound Westbound 4:00 PM Peak Hour 5:00 PM 4/12/2016 7:00 AM Peak Hour 7:45 AM Bridger Center Drive Bridger Drive Northbound Southbound Eastbound Westbound 4/12/2016 275 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 7:00 AM -- -- -- 0 -- 1 1 26 -- -- 47 0 75 471 7:15 AM -- -- -- 0 -- 2 2 37 -- -- 67 0 108 557 7:30 AM -- -- -- 0 -- 9 1 45 -- -- 66 0 121 596 7:45 AM -- -- -- 0 -- 11 4 58 -- -- 94 0 167 612 8:00 AM -- -- -- 0 -- 14 5 58 -- -- 84 0 161 574 8:15 AM -- -- -- 1 -- 6 7 63 -- -- 70 0 147 8:30 AM -- -- -- 0 -- 1 5 72 -- -- 57 2 137 8:45 AM -- -- -- 0 -- 8 3 62 -- -- 56 0 129 Peak-Hour Volume 0 0 0 1 0 32 21 251 0 0 305 2 612 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 4:00 PM -- -- -- 0 -- 8 8 80 -- -- 75 0 171 682 4:15 PM -- -- -- 0 -- 5 8 86 -- -- 76 2 177 721 4:30 PM -- -- -- 1 -- 2 5 78 -- -- 73 0 159 758 4:45 PM -- -- -- 0 -- 3 6 95 -- -- 71 0 175 830 5:00 PM -- -- -- 0 -- 5 8 111 -- -- 86 0 210 853 5:15 PM -- -- -- 1 -- 7 14 111 -- -- 81 0 214 5:30 PM -- -- -- 1 -- 12 13 113 -- -- 92 0 231 5:45 PM -- -- -- 1 -- 5 7 102 -- -- 83 0 198 Peak-Hour Volume 0 0 0 3 0 29 42 437 0 0 342 0 853 Birdie Drive Bridger Drive Northbound Southbound Eastbound Westbound 4:00 PM Peak Hour 5:00 PM 4/12/2016 7:00 AM Peak Hour 7:45 AM Birdie Drive Bridger Drive Northbound Southbound Eastbound Westbound 4/12/2016 276 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 7:00 AM 1 0 0 0 3 19 5 9 0 7 28 0 72 388 7:15 AM 1 2 1 1 3 14 5 23 2 6 29 1 88 480 7:30 AM 3 1 1 0 9 14 9 10 2 2 44 1 96 538 7:45 AM 1 4 2 0 10 19 14 23 1 7 49 2 132 576 8:00 AM 5 3 2 2 5 38 19 21 1 14 53 1 164 574 8:15 AM 0 3 5 1 17 20 14 32 2 17 35 0 146 8:30 AM 1 5 5 1 9 16 14 45 0 3 35 0 134 8:45 AM 0 4 6 0 3 24 19 27 1 6 36 4 130 Peak-Hour Volume 7 15 14 4 41 93 61 121 4 41 172 3 576 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 4:00 PM 3 7 4 1 1 17 22 39 0 1 23 0 118 541 4:15 PM 1 3 9 0 4 10 22 49 3 2 28 2 133 569 4:30 PM 5 6 3 1 2 19 14 36 1 5 36 0 128 612 4:45 PM 0 7 10 1 5 25 23 47 1 2 39 2 162 626 5:00 PM 2 10 13 1 3 22 16 29 4 6 39 1 146 630 5:15 PM 4 7 12 1 6 18 27 48 2 0 49 2 176 5:30 PM 0 10 11 2 5 12 26 36 0 8 31 1 142 5:45 PM 2 6 8 1 7 17 22 53 4 4 42 0 166 Peak-Hour Volume 8 33 44 5 21 69 91 166 10 18 161 4 630 4:00 PM Peak Hour 5:00 PM 10/20/2015 7:00 AM Peak Hour 7:45 AM Story Mill Road Bridger Drive Northbound Southbound Eastbound Westbound 10/20/2015 Story Mill Road Bridger Drive Northbound Southbound Eastbound Westbound 277 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 7:00 AM 2 8 -- -- 9 1 0 -- 0 -- -- -- 20 93 7:15 AM 0 8 -- -- 6 0 0 -- 0 -- -- -- 14 112 7:30 AM 0 4 -- -- 16 0 1 -- 0 -- -- -- 21 149 7:45 AM 0 11 -- -- 20 2 3 -- 2 -- -- -- 38 164 8:00 AM 3 8 -- -- 27 0 1 -- 0 -- -- -- 39 154 8:15 AM 2 15 -- -- 31 1 0 -- 2 -- -- -- 51 8:30 AM 3 14 -- -- 13 2 0 -- 4 -- -- -- 36 8:45 AM 2 7 -- -- 13 2 2 -- 2 -- -- -- 28 Peak-Hour Volume 8480091540 800 0164 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 4:00 PM 2 12 -- -- 5 3 1 -- 2 -- -- -- 25 116 4:15 PM 3 12 -- -- 8 1 1 -- 0 -- -- -- 25 130 4:30 PM 2 17 -- -- 7 1 0 -- 2 -- -- -- 29 146 4:45 PM 1 18 -- -- 16 0 1 -- 1 -- -- -- 37 161 5:00 PM 2 16 -- -- 13 1 4 -- 3 -- -- -- 39 158 5:15 PM 4 22 -- -- 13 0 0 -- 2 -- -- -- 41 5:30 PM 3 21 -- -- 12 2 2 -- 4 -- -- -- 44 5:45 PM 1 19 -- -- 12 0 0 -- 2 -- -- -- 34 Peak-Hour Volume 10 77 0 0 54 3 7 0 10 0 0 0 161 Story Mill Road Griffin Drive Northbound Southbound Eastbound Westbound 4:00 PM Peak Hour 4:45 PM 4/13/2016 7:00 AM Peak Hour 7:45 AM Story Mill Road Griffin Drive Northbound Southbound Eastbound Westbound 4/13/2016 278 Appendix B LEVEL OF SERVICE DESCRIPTIONS 279 DESCRIPTIONS OF LEVELS OF SERVICE The concept of level of service is defined as a qualitative measure describing operational conditions within a traffic stream, and their perception by motorists and/or passengers. A level of service definition generally describes these conditions in terms of such factors as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety. Six levels of service are defined for each type of facility for which analysis procedures are available. They are given letter designations, from A to F, with level of service A representing the best operating conditions and level of service F the worst. Level of Service Definitions In general, the various levels of service are defined as follows for uninterrupted flow facilities: $ Level of service A represents free flow. Individual users are virtually unaffected by the presence of others in the traffic stream. Freedom to select desired speeds and to maneuver within the traffic stream is extremely high. The general level of comfort and convenience provided to the motorist, passenger, or pedestrian is excellent. $ Level of service B is in the range of stable flow, but the presence of other users in the traffic stream begins to be noticeable. Freedom to select desired speeds is relatively unaffected, but there is a slight decline in the freedom to maneuver within the traffic stream from LOS A. The level of comfort and convenience provided is somewhat less than at LOS A, because the presence of others in the traffic stream begins to affect individual behavior. $ Level of service C is in the range of stable flow, but marks the beginning of the range of flow in which the operation of individual users becomes significantly affected by interactions with others in the traffic stream. The selection of speed is now affected by the presence of others, and maneuvering within the traffic stream requires substantial vigilance on the part of the user. The general level of comfort and convenience declines noticeably at this level. $ Level of Service D represents high-density, but stable, flow. Speed and freedom to maneuver are severely restricted, and the driver or pedestrian experiences a generally poor level of comfort and convenience. Small increases in traffic flow will generally cause operational problems at this level. $ Level of service E represents operating conditions at or near the capacity level. All speeds are reduced to a low, but relatively uniform value. Freedom to maneuver within the traffic stream is extremely difficult, and it is generally accomplished by forcing a vehicle or pedestrian to “give way” to accommodate such maneuvers. Comfort and convenience levels are extremely poor, and driver or pedestrian frustration is generally high. Operations at this level are usually unstable, because small increases in flow or minor perturbations within the traffic stream will cause breakdowns. $ Level of service F is used to define forced or breakdown flow. This condition exists wherever the amount of traffic approaching a point exceeds the amount which can traverse the point. Queues form behind such locations. Operations within the queue are characterized by stop-and-go waves, and they are extremely unstable. Vehicles may progress at reasonable speeds for several hundred feet or more, then be required to stop in a cyclic fashion. Level of service F is used to describe the operating conditions within the queue, as well as the point of the breakdown. It should be noted, however, that in many cases operating conditions of vehicles or pedestrians discharged from the queue may be quite good. Nevertheless, it is the point at which arrival flow exceeds discharge flow which causes the queue to form, and level of service F is an appropriate designation for such points. 280 Appendix C INTERSECTION LOS REPORTS 281 AM Peak Hour No Project 282 HCM 2010 Signalized Intersection Summary 1: Rouse Ave/Bridger Dr & Griffin Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - No Project Synchro 8 Report JHB Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Volume (veh/h) 138 5 175 5 7 1 139 180 5 1 224 121 Number 7 4 14 3 8 18 5 2 12 1 6 16 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Adj Sat Flow, veh/h/ln 1900 1863 1863 1900 1863 1900 1863 1863 1900 1863 1863 1863 Adj Flow Rate, veh/h 144 5 182 5 7 1 145 188 5 1 233 126 Adj No. of Lanes 011010110111 Peak Hour Factor 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 Percent Heavy Veh, %222222222222 Cap, veh/h 542 13 461 247 230 24 602 920 24 578 487 414 Arrive On Green 0.19 0.19 0.19 0.19 0.19 0.19 0.10 0.51 0.51 0.26 0.26 0.26 Sat Flow, veh/h 1442 66 1583 316 1193 126 1774 1806 48 1185 1863 1583 Grp Volume(v), veh/h 149 0 182 13 0 0 145 0 193 1 233 126 Grp Sat Flow(s),veh/h/ln 1508 0 1583 1634 0 0 1774 0 1854 1185 1863 1583 Q Serve(g_s), s 0.8 0.0 2.5 0.0 0.0 0.0 1.4 0.0 1.5 0.0 2.8 1.7 Cycle Q Clear(g_c), s 2.2 0.0 2.5 2.4 0.0 0.0 1.4 0.0 1.5 0.0 2.8 1.7 Prop In Lane 0.97 1.00 0.38 0.08 1.00 0.03 1.00 1.00 Lane Grp Cap(c), veh/h 554 0 461 501 0 0 602 0 944 578 487 414 V/C Ratio(X) 0.27 0.00 0.39 0.03 0.00 0.00 0.24 0.00 0.20 0.00 0.48 0.30 Avail Cap(c_a), veh/h 1125 0 1100 1112 0 0 758 0 1797 1019 1180 1003 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 0.00 1.00 0.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 9.6 0.0 7.6 8.8 0.0 0.0 5.2 0.0 3.6 7.3 8.4 7.9 Incr Delay (d2), s/veh 0.3 0.0 0.5 0.0 0.0 0.0 0.2 0.0 0.1 0.0 0.7 0.4 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.0 0.0 1.1 0.1 0.0 0.0 0.6 0.0 0.8 0.0 1.5 0.8 LnGrp Delay(d),s/veh 9.8 0.0 8.2 8.8 0.0 0.0 5.4 0.0 3.7 7.3 9.1 8.4 LnGrp LOS A A A A AAAA Approach Vol, veh/h 331 13 338 360 Approach Delay, s/veh 8.9 8.8 4.4 8.8 Approach LOS AAAA Timer 12345678 Assigned Phs 2 4 5 6 8 Phs Duration (G+Y+Rc), s 17.7 9.2 6.6 11.0 9.2 Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.0 16.0 5.0 17.0 16.0 Max Q Clear Time (g_c+I1), s 3.5 4.5 3.4 4.8 4.4 Green Ext Time (p_c), s 2.7 1.1 0.1 2.2 1.1 Intersection Summary HCM 2010 Ctrl Delay 7.4 HCM 2010 LOS A 283 HCM 2010 TWSC 2: site access/Bridger Center & Bridger Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - No Project Synchro 8 Report JHB Page 3 Intersection Int Delay, s/veh 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 43 276 0 1 327 11 0 0 0 6 0 19 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 91 91 91 91 91 91 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 47 303 0 1 359 12 0 0 0 7 0 21 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 371 0 0 303 0 0 776 772 303 766 766 365 Stage 1 - - - - - - 398 398 - 368 368 - Stage 2 - - - - - - 378 374 - 398 398 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1188 - - 1258 - - 315 330 737 320 333 680 Stage 1 - - - - - - 628 603 - 652 621 - Stage 2 - - - - - - 644 618 - 628 603 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1188 - - 1258 - - 294 314 737 308 317 680 Mov Cap-2 Maneuver - - - - - - 294 314 - 308 317 - Stage 1 - - - - - - 598 574 - 621 620 - Stage 2 - - - - - - 624 617 - 598 574 - Approach EB WB NB SB HCM Control Delay, s 1.1 0 0 12.2 HCM LOS A B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) - 1188 - - 1258 - - 527 HCM Lane V/C Ratio - 0.04 - - 0.001 - - 0.052 HCM Control Delay (s) 0 8.2 0 - 7.9 0 - 12.2 HCM Lane LOS A A A - A A - B HCM 95th %tile Q(veh) - 0.1 - - 0 - - 0.2 284 HCM 2010 TWSC 3: Bridger Dr & Birdie Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - No Project Synchro 8 Report JHB Page 4 Intersection Int Delay, s/veh 0.8 Movement EBL EBT WBT WBR SBL SBR Vol, veh/h 21 251 305 2 1 32 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 23 273 332 2 1 35 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 334 0 - 0 651 333 Stage 1 - - - - 333 - Stage 2 - - - - 318 - Critical Hdwy 4.12 - - - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy 2.218 - - - 3.518 3.318 Pot Cap-1 Maneuver 1225 - - - 433 709 Stage 1 - - - - 726 - Stage 2 - - - - 738 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1225 - - - 423 709 Mov Cap-2 Maneuver - - - - 423 - Stage 1 - - - - 726 - Stage 2 - - - - 722 - Approach EB WB SB HCM Control Delay, s 0.6 0 10.5 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h) 1225 - - - 695 HCM Lane V/C Ratio 0.019 - - - 0.052 HCM Control Delay (s) 8 0 - - 10.5 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0.1 - - - 0.2 285 HCM 2010 TWSC 4: Story Mill Rd & Bridger Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - No Project Synchro 8 Report JHB Page 5 Intersection Int Delay, s/veh 5.5 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 83 164 5 41 194 3 8 15 14 4 41 105 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 88 88 88 88 88 88 88 88 88 88 88 88 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 94 186 6 47 220 3 9 17 16 5 47 119 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 224 0 0 192 0 0 776 695 189 709 696 222 Stage 1 - - - - - - 378 378 - 315 315 - Stage 2 - - - - - - 398 317 - 394 381 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1345 - - 1381 - - 315 366 853 349 365 818 Stage 1 - - - - - - 644 615 - 696 656 - Stage 2 - - - - - - 628 654 - 631 613 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1345 - - 1381 - - 219 324 853 300 323 818 Mov Cap-2 Maneuver - - - - - - 219 324 - 300 323 - Stage 1 - - - - - - 594 567 - 642 630 - Stage 2 - - - - - - 477 628 - 554 565 - Approach EB WB NB SB HCM Control Delay, s 2.6 1.3 15.9 14.3 HCM LOS C B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 373 1345 - - 1381 - - 558 HCM Lane V/C Ratio 0.113 0.07 - - 0.034 - - 0.305 HCM Control Delay (s) 15.9 7.9 0 - 7.7 0 - 14.3 HCM Lane LOS C A A - A A - B HCM 95th %tile Q(veh) 0.4 0.2 - - 0.1 - - 1.3 286 HCM 2010 TWSC 5: Story Mill Rd & Griffin Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - No Project Synchro 8 Report JHB Page 6 Intersection Int Delay, s/veh 1 Movement EBL EBR NBL NBT SBT SBR Vol, veh/h 4 8 8 48 91 5 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 - - - - - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 80 80 80 80 80 80 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 5 10 10 60 114 6 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 197 117 120 0 - 0 Stage 1 117 - - - - - Stage 2 80 - - - - - Critical Hdwy 6.42 6.22 4.12 - - - Critical Hdwy Stg 1 5.42 - - - - - Critical Hdwy Stg 2 5.42 - - - - - Follow-up Hdwy 3.518 3.318 2.218 - - - Pot Cap-1 Maneuver 792 935 1468 - - - Stage 1 908 - - - - - Stage 2 943 - - - - - Platoon blocked, % - - - Mov Cap-1 Maneuver 786 935 1468 - - - Mov Cap-2 Maneuver 786 - - - - - Stage 1 908 - - - - - Stage 2 936 - - - - - Approach EB NB SB HCM Control Delay, s 9.2 1.1 0 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h) 1468 - 879 - - HCM Lane V/C Ratio 0.007 - 0.017 - - HCM Control Delay (s) 7.5 0 9.2 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0 - 0.1 - - 287 PM Peak Hour No Project 288 HCM 2010 Signalized Intersection Summary 1: Rouse Ave/Bridger Dr & Griffin Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - No Project Synchro 8 Report JHB Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Volume (veh/h) 159 9 192 8 9 1 163 328 9 1 234 173 Number 7 4 14 3 8 18 5 2 12 1 6 16 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Adj Sat Flow, veh/h/ln 1900 1863 1863 1900 1863 1900 1863 1863 1900 1863 1863 1863 Adj Flow Rate, veh/h 179 10 216 9 10 1 183 369 10 1 263 194 Adj No. of Lanes 011010110111 Peak Hour Factor 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 Percent Heavy Veh, %222222222222 Cap, veh/h 550 18 503 250 208 15 579 944 26 525 537 456 Arrive On Green 0.21 0.21 0.21 0.21 0.21 0.21 0.10 0.52 0.52 0.29 0.29 0.29 Sat Flow, veh/h 1492 83 1583 367 972 70 1774 1805 49 1000 1863 1583 Grp Volume(v), veh/h 189 0 216 20 0 0 183 0 379 1 263 194 Grp Sat Flow(s),veh/h/ln 1575 0 1583 1409 0 0 1774 0 1854 1000 1863 1583 Q Serve(g_s), s 0.0 0.0 3.3 0.0 0.0 0.0 1.9 0.0 3.7 0.0 3.6 3.0 Cycle Q Clear(g_c), s 2.8 0.0 3.3 2.9 0.0 0.0 1.9 0.0 3.7 0.0 3.6 3.0 Prop In Lane 0.95 1.00 0.45 0.05 1.00 0.03 1.00 1.00 Lane Grp Cap(c), veh/h 567 0 503 473 0 0 579 0 970 525 537 456 V/C Ratio(X) 0.33 0.00 0.43 0.04 0.00 0.00 0.32 0.00 0.39 0.00 0.49 0.43 Avail Cap(c_a), veh/h 1009 0 996 924 0 0 746 0 1583 762 979 832 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 0.00 1.00 0.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 10.5 0.0 8.2 9.5 0.0 0.0 5.6 0.0 4.4 7.7 9.0 8.8 Incr Delay (d2), s/veh 0.3 0.0 0.6 0.0 0.0 0.0 0.3 0.0 0.3 0.0 0.7 0.6 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.4 0.0 1.5 0.1 0.0 0.0 1.0 0.0 2.0 0.0 1.9 1.4 LnGrp Delay(d),s/veh 10.9 0.0 8.8 9.5 0.0 0.0 5.9 0.0 4.6 7.7 9.7 9.4 LnGrp LOS B A A A AAAA Approach Vol, veh/h 405 20 562 458 Approach Delay, s/veh 9.8 9.5 5.0 9.6 Approach LOS AAAA Timer 12345678 Assigned Phs 2 4 5 6 8 Phs Duration (G+Y+Rc), s 19.9 10.5 7.1 12.8 10.5 Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.0 16.0 6.0 16.0 16.0 Max Q Clear Time (g_c+I1), s 5.7 5.3 3.9 5.6 4.9 Green Ext Time (p_c), s 4.3 1.4 0.1 3.2 1.4 Intersection Summary HCM 2010 Ctrl Delay 7.9 HCM 2010 LOS A 289 HCM 2010 TWSC 2: site access/Bridger Center & Bridger Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - No Project Synchro 8 Report JHB Page 3 Intersection Int Delay, s/veh 1.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 10 474 4 1 373 13 7 0 2 16 0 28 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 90 90 90 90 90 90 90 90 90 90 90 90 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 11 527 4 1 414 14 8 0 2 18 0 31 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 429 0 0 531 0 0 990 982 529 976 977 422 Stage 1 - - - - - - 551 551 - 424 424 - Stage 2 - - - - - - 439 431 - 552 553 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1130 - - 1036 - - 225 249 550 230 251 632 Stage 1 - - - - - - 519 515 - 608 587 - Stage 2 - - - - - - 597 583 - 518 514 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1130 - - 1036 - - 211 245 550 226 247 632 Mov Cap-2 Maneuver - - - - - - 211 245 - 226 247 - Stage 1 - - - - - - 512 508 - 599 586 - Stage 2 - - - - - - 567 582 - 509 507 - Approach EB WB NB SB HCM Control Delay, s 0.2 0 20.4 15.8 HCM LOS C C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 244 1130 - - 1036 - - 382 HCM Lane V/C Ratio 0.041 0.01 - - 0.001 - - 0.128 HCM Control Delay (s) 20.4 8.2 0 - 8.5 0 - 15.8 HCM Lane LOS C A A - A A - C HCM 95th %tile Q(veh) 0.1 0 - - 0 - - 0.4 290 HCM 2010 TWSC 3: Bridger Dr & Birdie Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - No Project Synchro 8 Report JHB Page 4 Intersection Int Delay, s/veh 0.8 Movement EBL EBT WBT WBR SBL SBR Vol, veh/h 42 437 342 0 3 29 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 46 475 372 0 3 32 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 372 0 - 0 938 372 Stage 1 - - - - 372 - Stage 2 - - - - 566 - Critical Hdwy 4.12 - - - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy 2.218 - - - 3.518 3.318 Pot Cap-1 Maneuver 1186 - - - 293 674 Stage 1 - - - - 697 - Stage 2 - - - - 568 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1186 - - - 277 674 Mov Cap-2 Maneuver - - - - 277 - Stage 1 - - - - 697 - Stage 2 - - - - 538 - Approach EB WB SB HCM Control Delay, s 0.7 0 11.4 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h) 1186 - - - 594 HCM Lane V/C Ratio 0.038 - - - 0.059 HCM Control Delay (s) 8.2 0 - - 11.4 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0.1 - - - 0.2 291 HCM 2010 TWSC 4: Story Mill Rd & Bridger Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - No Project Synchro 8 Report JHB Page 5 Intersection Int Delay, s/veh 5.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 150 274 16 18 231 4 11 33 44 5 21 99 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 89 89 89 89 89 89 89 89 89 89 89 89 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 169 308 18 20 260 4 12 37 49 6 24 111 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 264 0 0 326 0 0 1024 958 317 999 965 262 Stage 1 - - - - - - 654 654 - 302 302 - Stage 2 - - - - - - 370 304 - 697 663 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1300 - - 1234 - - 214 257 724 222 255 777 Stage 1 - - - - - - 456 463 - 707 664 - Stage 2 - - - - - - 650 663 - 431 459 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1300 - - 1234 - - 145 212 724 156 210 777 Mov Cap-2 Maneuver - - - - - - 145 212 - 156 210 - Stage 1 - - - - - - 383 389 - 595 651 - Stage 2 - - - - - - 527 650 - 306 386 - Approach EB WB NB SB HCM Control Delay, s 2.8 0.6 22.7 15.5 HCM LOS C C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 301 1300 - - 1234 - - 482 HCM Lane V/C Ratio 0.328 0.13 - - 0.016 - - 0.291 HCM Control Delay (s) 22.7 8.2 0 - 8 0 - 15.5 HCM Lane LOS C A A - A A - C HCM 95th %tile Q(veh) 1.4 0.4 - - 0.1 - - 1.2 292 HCM 2010 TWSC 5: Story Mill Rd & Griffin Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - No Project Synchro 8 Report JHB Page 6 Intersection Int Delay, s/veh 1.4 Movement EBL EBR NBL NBT SBT SBR Vol, veh/h 7 10 10 77 54 3 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 - - - - - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 8 11 11 85 59 3 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 168 61 63 0 - 0 Stage 1 61 - - - - - Stage 2 107 - - - - - Critical Hdwy 6.42 6.22 4.12 - - - Critical Hdwy Stg 1 5.42 - - - - - Critical Hdwy Stg 2 5.42 - - - - - Follow-up Hdwy 3.518 3.318 2.218 - - - Pot Cap-1 Maneuver 822 1004 1540 - - - Stage 1 962 - - - - - Stage 2 917 - - - - - Platoon blocked, % - - - Mov Cap-1 Maneuver 816 1004 1540 - - - Mov Cap-2 Maneuver 816 - - - - - Stage 1 962 - - - - - Stage 2 911 - - - - - Approach EB NB SB HCM Control Delay, s 9 0.8 0 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h) 1540 - 917 - - HCM Lane V/C Ratio 0.007 - 0.02 - - HCM Control Delay (s) 7.4 0 9 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0 - 0.1 - - 293 AM Peak Hour With Story Mill Park 294 HCM 2010 Signalized Intersection Summary 1: Rouse Ave/Bridger Dr & Griffin Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Volume (veh/h) 144 5 175 5 7 1 139 197 5 1 232 124 Number 7 4 14 3 8 18 5 2 12 1 6 16 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Adj Sat Flow, veh/h/ln 1900 1863 1863 1900 1863 1900 1863 1863 1900 1863 1863 1863 Adj Flow Rate, veh/h 150 5 182 5 7 1 145 205 5 1 242 129 Adj No. of Lanes 011010110111 Peak Hour Factor 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 Percent Heavy Veh, %222222222222 Cap, veh/h 553 10 462 246 233 25 597 928 23 577 498 424 Arrive On Green 0.19 0.19 0.19 0.19 0.19 0.19 0.10 0.51 0.51 0.27 0.27 0.27 Sat Flow, veh/h 1510 53 1583 327 1201 127 1774 1811 44 1167 1863 1583 Grp Volume(v), veh/h 155 0 182 13 0 0 145 0 210 1 242 129 Grp Sat Flow(s),veh/h/ln 1563 0 1583 1656 0 0 1774 0 1855 1167 1863 1583 Q Serve(g_s), s 0.0 0.0 2.5 0.0 0.0 0.0 1.4 0.0 1.7 0.0 3.0 1.8 Cycle Q Clear(g_c), s 2.1 0.0 2.5 0.2 0.0 0.0 1.4 0.0 1.7 0.0 3.0 1.8 Prop In Lane 0.97 1.00 0.38 0.08 1.00 0.02 1.00 1.00 Lane Grp Cap(c), veh/h 563 0 462 504 0 0 597 0 951 577 498 424 V/C Ratio(X) 0.28 0.00 0.39 0.03 0.00 0.00 0.24 0.00 0.22 0.00 0.49 0.30 Avail Cap(c_a), veh/h 1120 0 1086 1101 0 0 750 0 1772 993 1163 989 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 0.00 1.00 0.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 9.7 0.0 7.7 8.9 0.0 0.0 5.2 0.0 3.6 7.3 8.4 7.9 Incr Delay (d2), s/veh 0.3 0.0 0.5 0.0 0.0 0.0 0.2 0.0 0.1 0.0 0.7 0.4 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.1 0.0 1.1 0.1 0.0 0.0 0.6 0.0 0.8 0.0 1.6 0.8 LnGrp Delay(d),s/veh 10.0 0.0 8.3 8.9 0.0 0.0 5.4 0.0 3.8 7.3 9.1 8.3 LnGrp LOS A A A A AAAA Approach Vol, veh/h 337 13 355 372 Approach Delay, s/veh 9.0 8.9 4.4 8.9 Approach LOS AAAA Timer 12345678 Assigned Phs 2 4 5 6 8 Phs Duration (G+Y+Rc), s 17.9 9.3 6.7 11.3 9.3 Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.0 16.0 5.0 17.0 16.0 Max Q Clear Time (g_c+I1), s 3.7 4.5 3.4 5.0 2.2 Green Ext Time (p_c), s 2.9 1.2 0.1 2.3 1.3 Intersection Summary HCM 2010 Ctrl Delay 7.5 HCM 2010 LOS A 295 HCM 2010 TWSC 2: site access/Bridger Center & Bridger Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 3 Intersection Int Delay, s/veh 1.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 43 280 19 4 331 11 7 0 1 6 0 19 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 91 91 91 91 91 91 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 47 308 21 4 364 12 8 0 1 7 0 21 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 376 0 0 329 0 0 802 798 318 792 802 370 Stage 1 - - - - - - 413 413 - 379 379 - Stage 2 - - - - - - 389 385 - 413 423 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1182 - - 1231 - - 302 319 723 307 317 676 Stage 1 - - - - - - 616 594 - 643 615 - Stage 2 - - - - - - 635 611 - 616 588 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1182 - - 1231 - - 281 302 723 294 300 676 Mov Cap-2 Maneuver - - - - - - 281 302 - 294 300 - Stage 1 - - - - - - 586 565 - 611 613 - Stage 2 - - - - - - 613 609 - 585 559 - Approach EB WB NB SB HCM Control Delay, s 1 0.1 17.2 12.4 HCM LOS C B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 304 1182 - - 1231 - - 515 HCM Lane V/C Ratio 0.029 0.04 - - 0.004 - - 0.053 HCM Control Delay (s) 17.2 8.2 0 - 7.9 0 - 12.4 HCM Lane LOS C A A - A A - B HCM 95th %tile Q(veh) 0.1 0.1 - - 0 - - 0.2 296 HCM 2010 TWSC 3: Bridger Dr & Birdie Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 4 Intersection Int Delay, s/veh 0.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 21 252 4 1 308 2 4 0 0 1 0 32 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 23 274 4 1 335 2 4 0 0 1 0 35 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 337 0 0 278 0 0 677 661 276 660 662 336 Stage 1 - - - - - - 322 322 - 338 338 - Stage 2 - - - - - - 355 339 - 322 324 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1222 - - 1285 - - 367 383 763 376 382 706 Stage 1 - - - - - - 690 651 - 676 641 - Stage 2 - - - - - - 662 640 - 690 650 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1222 - - 1285 - - 343 374 763 369 373 706 Mov Cap-2 Maneuver - - - - - - 343 374 - 369 373 - Stage 1 - - - - - - 675 637 - 661 640 - Stage 2 - - - - - - 629 639 - 675 636 - Approach EB WB NB SB HCM Control Delay, s 0.6 0 15.6 10.5 HCM LOS C B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 343 1222 - - 1285 - - 687 HCM Lane V/C Ratio 0.013 0.019 - - 0.001 - - 0.052 HCM Control Delay (s) 15.6 8 0 - 7.8 0 - 10.5 HCM Lane LOS C A A - A A - B HCM 95th %tile Q(veh) 0 0.1 - - 0 - - 0.2 297 HCM 2010 TWSC 4: Story Mill Rd & Bridger Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 5 Intersection Int Delay, s/veh 5.5 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 83 164 6 41 195 3 11 15 14 4 41 105 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 88 88 88 88 88 88 88 88 88 88 88 88 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 94 186 7 47 222 3 12 17 16 5 47 119 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 225 0 0 193 0 0 777 696 190 711 698 223 Stage 1 - - - - - - 378 378 - 316 316 - Stage 2 - - - - - - 399 318 - 395 382 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1344 - - 1380 - - 314 365 852 348 364 817 Stage 1 - - - - - - 644 615 - 695 655 - Stage 2 - - - - - - 627 654 - 630 613 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1344 - - 1380 - - 218 323 852 299 323 817 Mov Cap-2 Maneuver - - - - - - 218 323 - 299 323 - Stage 1 - - - - - - 594 567 - 641 629 - Stage 2 - - - - - - 476 628 - 553 565 - Approach EB WB NB SB HCM Control Delay, s 2.6 1.3 16.7 14.3 HCM LOS C B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 353 1344 - - 1380 - - 558 HCM Lane V/C Ratio 0.129 0.07 - - 0.034 - - 0.305 HCM Control Delay (s) 16.7 7.9 0 - 7.7 0 - 14.3 HCM Lane LOS C A A - A A - B HCM 95th %tile Q(veh) 0.4 0.2 - - 0.1 - - 1.3 298 HCM 2010 TWSC 5: Story Mill Rd & Griffin Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 6 Intersection Int Delay, s/veh 1 Movement EBL EBR NBL NBT SBT SBR Vol, veh/h 4 8 8 51 92 5 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 - - - - - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 80 80 80 80 80 80 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 5 10 10 64 115 6 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 202 118 121 0 - 0 Stage 1 118 - - - - - Stage 2 84 - - - - - Critical Hdwy 6.42 6.22 4.12 - - - Critical Hdwy Stg 1 5.42 - - - - - Critical Hdwy Stg 2 5.42 - - - - - Follow-up Hdwy 3.518 3.318 2.218 - - - Pot Cap-1 Maneuver 787 934 1467 - - - Stage 1 907 - - - - - Stage 2 939 - - - - - Platoon blocked, % - - - Mov Cap-1 Maneuver 781 934 1467 - - - Mov Cap-2 Maneuver 781 - - - - - Stage 1 907 - - - - - Stage 2 932 - - - - - Approach EB NB SB HCM Control Delay, s 9.2 1 0 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h) 1467 - 877 - - HCM Lane V/C Ratio 0.007 - 0.017 - - HCM Control Delay (s) 7.5 0 9.2 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0 - 0.1 - - 299 PM Peak Hour With Story Mill Park 300 HCM 2010 Signalized Intersection Summary 1: Rouse Ave/Bridger Dr & Griffin Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Volume (veh/h) 171 9 192 8 9 1 163 362 9 1 261 182 Number 7 4 14 3 8 18 5 2 12 1 6 16 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Adj Sat Flow, veh/h/ln 1900 1863 1863 1900 1863 1900 1863 1863 1900 1863 1863 1863 Adj Flow Rate, veh/h 192 10 216 9 10 1 183 407 10 1 293 204 Adj No. of Lanes 011010110111 Peak Hour Factor 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 Percent Heavy Veh, %222222222222 Cap, veh/h 545 17 500 239 200 14 565 963 24 521 565 480 Arrive On Green 0.21 0.21 0.21 0.21 0.21 0.21 0.10 0.53 0.53 0.30 0.30 0.30 Sat Flow, veh/h 1509 79 1583 344 934 67 1774 1810 44 965 1863 1583 Grp Volume(v), veh/h 202 0 216 20 0 0 183 0 417 1 293 204 Grp Sat Flow(s),veh/h/ln 1587 0 1583 1346 0 0 1774 0 1855 965 1863 1583 Q Serve(g_s), s 0.0 0.0 3.4 0.0 0.0 0.0 1.9 0.0 4.3 0.0 4.1 3.2 Cycle Q Clear(g_c), s 3.2 0.0 3.4 3.2 0.0 0.0 1.9 0.0 4.3 0.0 4.1 3.2 Prop In Lane 0.95 1.00 0.45 0.05 1.00 0.02 1.00 1.00 Lane Grp Cap(c), veh/h 562 0 500 453 0 0 565 0 987 521 565 480 V/C Ratio(X) 0.36 0.00 0.43 0.04 0.00 0.00 0.32 0.00 0.42 0.00 0.52 0.42 Avail Cap(c_a), veh/h 979 0 966 879 0 0 722 0 1532 719 947 805 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 0.00 1.00 0.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 11.0 0.0 8.5 9.9 0.0 0.0 5.7 0.0 4.4 7.7 9.1 8.8 Incr Delay (d2), s/veh 0.4 0.0 0.6 0.0 0.0 0.0 0.3 0.0 0.3 0.0 0.7 0.6 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.6 0.0 1.6 0.1 0.0 0.0 1.0 0.0 2.2 0.0 2.2 1.5 LnGrp Delay(d),s/veh 11.4 0.0 9.1 9.9 0.0 0.0 6.0 0.0 4.7 7.7 9.8 9.4 LnGrp LOS B A A A AAAA Approach Vol, veh/h 418 20 600 498 Approach Delay, s/veh 10.2 9.9 5.1 9.6 Approach LOS BAAA Timer 12345678 Assigned Phs 2 4 5 6 8 Phs Duration (G+Y+Rc), s 20.8 10.7 7.2 13.5 10.7 Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.0 16.0 6.0 16.0 16.0 Max Q Clear Time (g_c+I1), s 6.3 5.4 3.9 6.1 5.2 Green Ext Time (p_c), s 4.7 1.5 0.1 3.5 1.5 Intersection Summary HCM 2010 Ctrl Delay 8.0 HCM 2010 LOS A 301 HCM 2010 TWSC 2: site access/Bridger Center & Bridger Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 3 Intersection Int Delay, s/veh 2 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 10 480 44 8 380 13 36 0 8 16 0 28 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 90 90 90 90 90 90 90 90 90 90 90 90 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 11 533 49 9 422 14 40 0 9 18 0 31 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 437 0 0 582 0 0 1043 1034 558 1031 1051 429 Stage 1 - - - - - - 580 580 - 447 447 - Stage 2 - - - - - - 463 454 - 584 604 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1123 - - 992 - - 207 232 529 211 227 626 Stage 1 - - - - - - 500 500 - 591 573 - Stage 2 - - - - - - 579 569 - 498 488 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1123 - - 992 - - 193 226 529 203 221 626 Mov Cap-2 Maneuver - - - - - - 193 226 - 203 221 - Stage 1 - - - - - - 493 493 - 582 566 - Stage 2 - - - - - - 544 562 - 482 481 - Approach EB WB NB SB HCM Control Delay, s 0.2 0.2 26.2 16.7 HCM LOS D C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 218 1123 - - 992 - - 356 HCM Lane V/C Ratio 0.224 0.01 - - 0.009 - - 0.137 HCM Control Delay (s) 26.2 8.2 0 - 8.7 0 - 16.7 HCM Lane LOS D A A - A A - C HCM 95th %tile Q(veh) 0.8 0 - - 0 - - 0.5 302 HCM 2010 TWSC 3: Bridger Dr & Birdie Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 4 Intersection Int Delay, s/veh 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 42 443 6 1 349 0 7 0 1 3 0 29 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 46 482 7 1 379 0 8 0 1 3 0 32 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 379 0 0 488 0 0 973 958 485 959 961 379 Stage 1 - - - - - - 576 576 - 382 382 - Stage 2 - - - - - - 397 382 - 577 579 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1179 - - 1075 - - 231 257 582 237 256 668 Stage 1 - - - - - - 503 502 - 640 613 - Stage 2 - - - - - - 629 613 - 502 501 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1179 - - 1075 - - 211 243 582 227 242 668 Mov Cap-2 Maneuver - - - - - - 211 243 - 227 242 - Stage 1 - - - - - - 476 475 - 605 612 - Stage 2 - - - - - - 599 612 - 474 474 - Approach EB WB NB SB HCM Control Delay, s 0.7 0 21.3 11.8 HCM LOS C B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 229 1179 - - 1075 - - 565 HCM Lane V/C Ratio 0.038 0.039 - - 0.001 - - 0.062 HCM Control Delay (s) 21.3 8.2 0 - 8.4 0 - 11.8 HCM Lane LOS C A A - A A - B HCM 95th %tile Q(veh) 0.1 0.1 - - 0 - - 0.2 303 HCM 2010 TWSC 4: Story Mill Rd & Bridger Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 5 Intersection Int Delay, s/veh 6.2 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 151 276 20 18 233 4 16 33 44 5 21 100 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 89 89 89 89 89 89 89 89 89 89 89 89 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 170 310 22 20 262 4 18 37 49 6 24 112 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 266 0 0 333 0 0 1033 968 321 1008 976 264 Stage 1 - - - - - - 661 661 - 304 304 - Stage 2 - - - - - - 372 307 - 704 672 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1298 - - 1226 - - 211 254 720 219 251 775 Stage 1 - - - - - - 452 460 - 705 663 - Stage 2 - - - - - - 648 661 - 428 454 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1298 - - 1226 - - 143 209 720 153 207 775 Mov Cap-2 Maneuver - - - - - - 143 209 - 153 207 - Stage 1 - - - - - - 379 386 - 591 650 - Stage 2 - - - - - - 524 648 - 302 381 - Approach EB WB NB SB HCM Control Delay, s 2.8 0.6 25.2 15.6 HCM LOS D C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 281 1298 - - 1226 - - 479 HCM Lane V/C Ratio 0.372 0.131 - - 0.016 - - 0.296 HCM Control Delay (s) 25.2 8.2 0 - 8 0 - 15.6 HCM Lane LOS D A A - A A - C HCM 95th %tile Q(veh) 1.7 0.5 - - 0.1 - - 1.2 304 HCM 2010 TWSC 5: Story Mill Rd & Griffin Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 6 Intersection Int Delay, s/veh 1.3 Movement EBL EBR NBL NBT SBT SBR Vol, veh/h 7 10 10 82 58 3 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 - - - - - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 8 11 11 90 64 3 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 177 65 67 0 - 0 Stage 1 65 - - - - - Stage 2 112 - - - - - Critical Hdwy 6.42 6.22 4.12 - - - Critical Hdwy Stg 1 5.42 - - - - - Critical Hdwy Stg 2 5.42 - - - - - Follow-up Hdwy 3.518 3.318 2.218 - - - Pot Cap-1 Maneuver 813 999 1535 - - - Stage 1 958 - - - - - Stage 2 913 - - - - - Platoon blocked, % - - - Mov Cap-1 Maneuver 806 999 1535 - - - Mov Cap-2 Maneuver 806 - - - - - Stage 1 958 - - - - - Stage 2 906 - - - - - Approach EB NB SB HCM Control Delay, s 9 0.8 0 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h) 1535 - 909 - - HCM Lane V/C Ratio 0.007 - 0.021 - - HCM Control Delay (s) 7.4 0 9 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0 - 0.1 - - 305 AM Peak Hour With Story Mill Park Mitigated 306 HCM 2010 TWSC 2: site access/Bridger Center & Bridger Dr 5/4/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park - MITIGATED Synchro 8 Report JHB Page 1 Intersection Int Delay, s/veh 1.6 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 10 480 44 8 380 13 36 0 8 16 0 28 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 1 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 90 90 90 90 90 90 90 90 90 90 90 90 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 11 533 49 9 422 14 40 0 9 18 0 31 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 437 0 0 582 0 0 1043 1034 558 1031 1051 429 Stage 1 - - - - - - 580 580 - 447 447 - Stage 2 - - - - - - 463 454 - 584 604 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1123 - - 992 - - 207 232 529 211 227 626 Stage 1 - - - - - - 500 500 - 591 573 - Stage 2 - - - - - - 579 569 - 498 488 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1123 - - 992 - - 193 226 529 203 221 626 Mov Cap-2 Maneuver - - - - - - 322 340 - 203 221 - Stage 1 - - - - - - 493 493 - 582 566 - Stage 2 - - - - - - 544 562 - 482 481 - Approach EB WB NB SB HCM Control Delay, s 0.2 0.2 17.1 16.7 HCM LOS C C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 347 1123 - - 992 - - 356 HCM Lane V/C Ratio 0.141 0.01 - - 0.009 - - 0.137 HCM Control Delay (s) 17.1 8.2 0 - 8.7 0 - 16.7 HCM Lane LOS C A A - A A - C HCM 95th %tile Q(veh) 0.5 0 - - 0 - - 0.5 307 HCM 2010 TWSC 4: Story Mill Rd & Bridger Dr 5/4/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park - MITIGATED Synchro 8 Report JHB Page 1 Intersection Int Delay, s/veh 5.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 151 276 20 18 233 4 16 33 44 5 21 100 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - 50 - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 89 89 89 89 89 89 89 89 89 89 89 89 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 170 310 22 20 262 4 18 37 49 6 24 112 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 266 0 0 333 0 0 1033 968 321 983 976 264 Stage 1 - - - - - - 661 661 - 304 304 - Stage 2 - - - - - - 372 307 - 679 672 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1298 - - 1226 - - 211 254 720 228 251 775 Stage 1 - - - - - - 452 460 - 705 663 - Stage 2 - - - - - - 648 661 - 441 454 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1298 - - 1226 - - 143 209 720 159 207 775 Mov Cap-2 Maneuver - - - - - - 143 209 - 159 207 - Stage 1 - - - - - - 379 386 - 591 650 - Stage 2 - - - - - - 524 648 - 311 381 - Approach EB WB NB SB HCM Control Delay, s 2.8 0.6 22.4 15.6 HCM LOS C C Minor Lane/Major Mvmt NBLn1NBLn2 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 182 720 1298 - - 1226 - - 481 HCM Lane V/C Ratio 0.303 0.069 0.131 - - 0.016 - - 0.294 HCM Control Delay (s) 33.1 10.4 8.2 0 - 8 0 - 15.6 HCM Lane LOS D B A A - A A - C HCM 95th %tile Q(veh) 1.2 0.2 0.5 - - 0.1 - - 1.2 308 Appendix D ROADWAY LOS CRITERIA 309 2012 FDOT QUALITY/LEVEL OF SERVICE HANDBOOK TABLES TABLE 2 Generalized Annual Average Daily Volumes for Florida’s Transitioning Areas and Areas Over 5,000 Not In Urbanized Areas1 12/18/12 INTERRUPTED FLOW FACILITIES UNINTERRUPTED FLOW FACILITIES Non-State Signalized Roadway Adjustments (Alter corresponding state volumes by the indicated percent.) Non-State Signalized Roadways - 10% STATE SIGNALIZED ARTERIALS Class I (40 mph or higher posted speed limit) Lanes Median B C D E 2 Undivided * 14,400 16,200 ** 4 Divided * 34,000 35,500 ** 6 Divided * 52,100 53,500 ** Class II (35 mph or slower posted speed limit) Lanes Median B C D E 2 Undivided * 6,500 13,300 14,200 4 Divided * 9,900 28,800 31,600 6 Divided * 16,000 44,900 47,600 Freeway Adjustments Auxiliary Lanes Present in Both Directions Ramp Metering + 20,000 + 5% FREEWAYS Lanes B C D E 4 44,100 57,600 68,900 71,700 6 65,100 85,600 102,200 111,000 8 85,100 113,700 135,200 150,000 10 106,200 141,700 168,800 189,000 Median & Turn Lane Adjustments Lanes Median Exclusive Left Lanes Exclusive Right Lanes Adjustment Factors 2 Divided Yes No +5% 2 Undivided No No -20% Multi Undivided Yes No -5% Multi Undivided No No -25% – – – Yes + 5% One-Way Facility Adjustment Multiply the corresponding two-directional volumes in this table by 0.6 UNINTERRUPTED FLOW HIGHWAYS Lanes Median B C D E 2 Undivided 9,200 17,300 24,400 33,300 4 Divided 35,300 49,600 62,900 69,600 6 Divided 52,800 74,500 94,300 104,500 Uninterrupted Flow Highway Adjustments Lanes Median Exclusive left lanes Adjustment factors 2 Divided Yes +5% Multi Undivided Yes -5% Multi Undivided No -25% BICYCLE MODE2 (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two-way maximum service volumes.) Paved Shoulder/Bicycle Lane Coverage B C D E 0-49% * 2,600 6,100 19,500 50-84% 1,900 5,500 18,400 >19,500 85-100% 7,500 19,500 >19,500 ** PEDESTRIAN MODE2 (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two-way maximum service volumes.) Sidewalk Coverage B C D E 0-49% * * 2,800 9,400 50-84% * 1,600 8,600 15,600 85-100% 3,800 10,500 17,100 >19,500 BUS MODE (Scheduled Fixed Route)3 (Buses in peak hour in peak direction) Sidewalk Coverage B C D E 0-84% > 5 ≥ 4 ≥ 3 ≥ 2 85-100% > 4 ≥ 3 ≥ 2 ≥ 1 1Values shown are presented as two-way annual average daily volumes for levels of service and are for the automobile/truck modes unless specifically stated. This table does not constitute a standard and should be used only for general planning applications. The computer models from which this table is derived should be used for more specific planning applications. The table and deriving computer models should not be used for corridor or intersection design, where more refined techniques exist. Calculations are based on planning applications of the Highway Capacity Manual and the Transit Capacity and Quality of Service Manual. 2 Level of service for the bicycle and pedestrian modes in this table is based on number of motorized vehicles, not number of bicyclists or pedestrians using the facility. 3 Buses per hour shown are only for the peak hour in the single direction of the higher traffic flow. * Cannot be achieved using table input value defaults. ** Not applicable for that level of service letter grade. For the automobile mode, volumes greater than level of service D become F because intersection capacities have been reached. For the bicycle mode, the level of service letter grade (including F) is not achievable because there is no maximum vehicle volume threshold using table input value defaults. Source: Florida Department of Transportation Systems Planning Office www.dot.state.fl.us/planning/systems/sm/los/default.shtm 310 Appendix E TURN LANE WARRANT CRITERIA 311 312 313 Appendix D - Parking Generation 314 315 316 317 318 319 212 Exhibit B: Story Mill Community Park Master Plan Supplemental Materials 320 C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 22, 2016 - 2:54pmF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Irrigation Plan.dwg120 East Main StreetAspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60%DesignDevelopment _ MASTER PLAN DOCUMENT ILLUSTRATIVE PLANSIDEWALKPARKINGCOMMUNITY GATHERING LAWNPICNIC PAVILIONSLEDDING HILLMULTIGENERATIONAL PLAYGROUNDOBSERVATORY HILLCLIMBING BOULDERTRAIL BRIDGEPARKINGTRAIL BRIDGEFISHING ACCESSDOG PARKTRAIL GATEWAYHOMESTEAD PAVILIONBIRD BLIND WALKSERVICE DRIVE/ EMERGENCY ACCESS TO SOUTH PARCELACCESSIBLE FISHING PLATFORMMESSY PLAY AND RIVER ACCESSSTORY MILL COMMUNITY CENTERLABYRINTHRESTROOM PARKINGACTIVITY LAWNSPLASH PADFOOD FOREST TRAILPICNIC PAVILIONTEACHING GARDENEAST GRIFFIN DRIVE “PARK ROAD SECTION”EAST GALLATIN RIVERBOZEMAN CREEKBRYANT STREETBOND STREETSTORY MILLHILLSIDE LANESTORY MILL ROADBIRDIE DRIVEGOLD AVENUE BRIDGER CENTER DRIVESTORY MILL SPURBRIDGER DRIVE213 321 LEGEND COMBINED 100' YEAR FLOODPLAIN COMBINED FLOODPLAIN TREE-EXISTING TREE-PROPOSED NORTH 0 ORIGINAL SCALE: 30 60 120 1"=60'-00" C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:33amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Master Plan.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development NORTH PARCEL MASTER PLAN MASTER PLAN PLANT COMMUNITIES MASTER PLAN PLANT COMMUNITIES MASTER PLAN DOCUMENT 214 322 LEGEND COMBINED 100' YEAR FLOODPLAIN COMBINED FLOODPLAIN TREE-EXISTING TREE-PROPOSED NORTH 0 ORIGINAL SCALE: 40 80 160 1"=80'-00" C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:33amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Master Plan.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development SOUTH PARCEL MASTER PLAN MASTER PLAN DOCUMENT 215 323 NORTH 0 ORIGINAL SCALE: 15 30 60 1"=30'-00" C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:33amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Master Plan.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development PLAYGROUND MASTER PLAN MASTER PLAN DOCUMENT 216 324 NORTH 0 ORIGINAL SCALE: 60 120 180 1"=120'-00" C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:41amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Phase 2.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development SITE FUTURE PHASE PHASING LEGEND Phase 2 Story Mill Community Center landscape renovation1 Story Mill Community Center trail connection2 Story Mill Community Center pavilion3 Splash Pad4 Medium Pavilion5 Picnic Pad6 East Parking Lot and Drop-Off7 Woonerf Expansion8 Bird Blind9 Small Pavilion10 MASTER PLAN DOCUMENT 1 2 3 4 5 6 7 8 9 2 1 6 6 9 10 217 325 MATERIALS LEGEND ASPHALT (VEHICULAR) CONCRETE COMPACTED GRAVEL WOOD DECKING SAND PLAY SURFACE EXISTING TRAIL FUTURE PROJECT BY OTHERS MOWED PATH RAISED METAL GRATE ASPHALT (PEDESTRIAN) STONE ON GRADE MATERIALS LEGEND ASPHALT (VEHICULAR) CONCRETE ASPHALT (PEDESTRIAN) NORTH 0 ORIGINAL SCALE: 30 60 120 1"=60'-00" C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:35amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Materials Plan.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development NORTH PARCEL MATERIALS MASTER PLAN DOCUMENT 218 326 MATERIALS LEGEND ASPHALT (VEHICULAR) CONCRETE COMPACTED GRAVEL WOOD DECKING SAND PLAY SURFACE EXISTING TRAIL FUTURE PROJECT BY OTHERS MOWED PATH RAISED METAL GRATE ASPHALT (PEDESTRIAN) STONE ON GRADE NORTH 0 ORIGINAL SCALE: 40 80 160 1"=80'-00" C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:35amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Materials Plan.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development SOUTH PARCEL MATERIALS MASTER PLAN DOCUMENT 219 327 6’ BIOSWALE BIOSWALE PLANTINGCONCRETE BORDER EXTENDED PEDESTRIAN LANE 8’VARIES (SEE PLAN)24’ 2’17’5’VARIES (SEE PLAN) DRIVE LANES ZOOM IN SHOWN LOWER RIGHT C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 22, 2016 - 2:54pmF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Irrigation Plan.dwg120 East Main StreetAspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60%DesignDevelopment _ MASTER PLAN DOCUMENT 8040200 1”=40’ PARK ROAD “WOONERF” 220 328 C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:40amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Trail Sections.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development TRAIL DETAILS TRAIL SECTIONS MASTER PLAN DOCUMENT 1 Emergency & Utility Access - Asphalt 1"= 1'-0" 1.3 8'-0" WIDTH 2% MIN SLOPE NOTES: 1.PATHWAYS SHALL BE DESIGNED TO SUPPORT A MINIMUM DESIGN LOAD OF 25,000 ESAL. 2.A SOIL STERILANT SHALL BE APPLIED TO THE SUBGRADE PRIOR TO PLACEMENT OF GRAVEL BASE. 3.A CONSTRUCTION SEAL SHALL BE APPLIED TO THE PAVED SURFACE IMMEDIATELY FOLLOWING FINAL ROLLING AT THE RATE OF 0.08 GALLON/SQUARE YARD. 12" WIDE COMPACTED GRAVEL SHOULDER TYPE B ASPHALT PLANT MIX, 2 12" MIN THICKNESS, COMPACTED TO A MIN OF 93% OF MAX DENSITY AS DETERMINED BY ASTMD 2041 1 12" MINUS CRUSHED GRAVEL BASE, 9" MIN THICKNESS, COMPACTED TO A MIN OF 95% OF MAX DRY DENSITY AS DETERMINED BY AASHTO T99 2 Concrete Sidewalk 1" = 1'-0" 1.4 2% Min SLOPE 6'-0" OR 8'-0" WIDTH (VARIES. SEE PLANS) 4" MIN THICKNESS CONCRETE 6" MIN THICKNESS OF 3 4" MINUS COMPACTED CRUSHED GRAVEL BASE UNDISTURBED SOIL 3 Class II Gravel Fines Trail 1"= 1'-0" 1.10 4' TO 8' WIDTH (VARIES. SEE PLANS) 2% MIN SLOPE NOTES: 1.NATURAL FINES SHALL CONSIST OF 80% SAND, 10% SILT, AND 10% CLAY 2.A SOIL STERILANT SHALL BE APPLIED TO THE SUBGRADE PRIOR TO PLACEMENT OF GRAVEL BASE. 3.TRAIL WIDTH DEPENDANT ON ADJACENT LANDSCAPE. FINAL LAYOUT TO BE DETERMINED IN THE FIELD. COMPACTED SUBGRADE (SEE NOTE 2) SOIL SEPARATOR FABRIC W/ 6" STAPLES EVERY 36" OC 3" MIN. THICKNESS OF 34" MINUS COMPACTED CRUSHED GRAVEL BASE 3" MIN. THICKNESS OF 38" MINUS COMPACTED GRAVEL (NATURAL FINES) SEE NOTE 1 4 Gravel Fines Multi-Use Trail 1"= 1'-0" 1.11 COMPACTED SUBGRADE LANDSCAPE FABRIC 4" DEPTH 34" MINUS COMPACTED CRUSHED GRAVEL 2" DEPTH DECOMPOSED GRANITE, 14" SIZE OR LESS 6'-0" 7 Decomposed Granite Trail 1" = 1'-0" 1.13 6 Compacted Gravel Trail 1" = 1'-0" 1.14 MAX 1" DEEP COMPACTED DECOMPOSED GRANITE. 5" DEEP COMPACTED 3 4" AGG. SOIL SEPARATOR FABRIC MIN 2% SLOPE 14"x6" STEEL EDGING (TYP) UNDISTURBED SOIL 6" COMPACTED 34" MINUS ROAD MIX MAX 1" OF 3 8" STONE CHIPS 5 Gravel Fines Multi-Use Trail w/ Edging 1" = 1'-0" 1.12 9 Elevated Metal Grate Trail 1"= 1'-0" 1.16 2" DEPTH DECOMPOSED GRANITE, 1 4" SIZE OR LESS COMPACTED SUBGRADE #4 REBAR, 18" DEPTH AND 36" OC TAC WELD TO STEEL EDGING 1 4" NATURAL STEEL EDGING LANDSCAPE FABRIC 4" DEPTH 34" MINUS COMPACTED CRUSHED GRAVEL 6'-0" 4'-4" 5'-0" BATTER ANCHOR W/ TURNBUCKLE ASSEMBLY UNDISTURBED WETLAND SOIL HELICAL PILE ANCHOR SOIL LINE GALVANIZED STEEL PIPE SLEEVE W/ WELDED SADDLE 2"X4" STEEL TRUSS STEEL COMPOSITE GRATE DECKING 4"X4" TREATED TIMBER RAILING 8 Asphalt Trail 1"= 1'-0" 1.15 2% MIN SLOPE 6'-0" WIDTH TYPE B ASPHALT PLANT MIX, 2 12" MIN THICKNESS, COMPACTED TO A MIN OF 93% OF MAX DENSITY AS DETERMINED BY ASTMD 2041 6" MIN THICKNESS OF 3 4" MINUS COMPACTED CRUSHED GRAVEL BASE UNDISTURBED SOIL MASTER PLAN DOCUMENT 221 329 WETLAND/FLOODPLAIN LEGEND SETBACK (Sec. 38.23.100. - Watercourse Setback) RESTORED WETLANDS PRE-RESTORATION WETLANDS 100 YEAR FLOODPLAIN COMBINED 100' YEAR FLOODPLAIN COMBINED FLOODPLAIN NORTH 0 ORIGINAL SCALE: 30 60 120 1"=60'-00" C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:40amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Wetland-Floodplain.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development NORTH PARCEL FLOODPLAIN/ WETLAND 1.1 1 2 3 4 1.1 5 7 6 8 9 MASTER PLAN DOCUMENT 222 330 WETLAND/FLOODPLAIN LEGEND SETBACK (Sec. 38.23.100. - Watercourse Setback) RESTORED WETLANDS PRE-RESTORATION WETLANDS 100 YEAR FLOODPLAIN COMBINED 100' YEAR FLOODPLAIN COMBINED FLOODPLAIN NORTH 0 ORIGINAL SCALE: 40 80 160 1"=80'-00" C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:40amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Wetland-Floodplain.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development SOUTH PARCEL FLOODPLAIN/ WETLAND 10 14 13 12 10.1 10.1 10.1 15 11 MASTER PLAN DOCUMENT 223 331 VEGETATION LEGEND LAWN FESCUE GARDEN ORNAMENTAL DRIER GRASSLAND MESIC GRASSLAND WET MEADOW / EMERGENT MARSH WOODLAND WATER TREE-EXISTING TREE-PROPOSED RIPARIAN WOODLAND / SHRUBLAND VEGETATION LEGEND LAWN FESCUE GARDEN NORTH 0 ORIGINAL SCALE: 30 60 120 1"=60'-00" C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:39amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Vegetation Plan.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development NORTH PARCEL (2.1 ACRES) (2.57 ACRES) (.35 ACRES) (.27 ACRES) (4.3 ACRES) (2.42 ACRES) (3.15 ACRES) (APPROX. 242) 1.2 ACRES .8 ACRES .1 ACRES 2.36 ACRES 2.47ACRES .68 ACRES .35 ACRES .22 ACRES .77 ACRES 1.13 ACRES .81 ACRES 1.52 ACRES 1.8 ACRES .14 ACRES MASTER PLAN PLANT COMMUNITIES MASTER PLAN PLANT COMMUNITIES PLANT COMMUNITIES MASTER PLAN DOCUMENT 224 332 VEGETATION LEGEND LAWN FESCUE GARDEN ORNAMENTAL DRIER GRASSLAND MESIC GRASSLAND WET MEADOW / EMERGENT MARSH WOODLAND WATER TREE-EXISTING TREE-PROPOSED RIPARIAN WOODLAND / SHRUBLAND NORTH 0 ORIGINAL SCALE: 40 80 160 1"=80'-00" C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:39amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Vegetation Plan.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development SOUTH PARCEL MASTER PLAN PLANT COMMUNITIES MASTER PLAN PLANT COMMUNITIES PLANT COMMUNITIES MASTER PLAN DOCUMENT 225 333 C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 22, 2016 - 2:54pmF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Irrigation Plan.dwg120 East Main StreetAspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60%DesignDevelopment _ MASTER PLAN DOCUMENT PLANT PALETTE PLANT PALETTE Rocky Mountain Maple Acer glabrum Thinleaf alder Alnus incana Water birch Betula occidentalis Black hawthorn Crataegus douglasii Redosier dogwood Cornus sericea Chokecherry Prunus virginiana Skunkbush Rhus trilobata Woods' rose Rosa woodsii Pacific willow Salix lucida Silver buffaloberry Shepherdia argentea Snowberry Symphoricarpos sp. Bebb Willow Salix bebbiana Booth Willow Salix boothii Ninebark Physocarpus malveceus Sandbar Willow Salix exigua Silverberry Eleagnus commutata Northern black currant Ribes oxyacanthoides Boxelder maple Acer negundo Rocky Mountain juniper Juniperus scopulorum Narrowleaf cottonwood Populus angustifolia Plains cottonwood Populus deltoides Douglas fir Pseudotsuga menziesii Peachleaf willow Salix amygdaloides Black Cottonwood Populus Trichocarpa Quaking Aspen Populus Tremuloides Marsh marigold Caltha leptosepala Shooting star Dodecatheon pulchellum Glacier lily Erythonium grandiflorum Woodland strawberry Fragaria vesca Northen bedstraw Galium boreale Richardson's geranium Geranium richardsonii Wild hollyhock Iliamna rivularis Rocky Mt Iris Iris missouriensis Twinflower Linnaea borealis Starry lily of the valley Maianthemum stellatum Lewis monkeyflower Mimulus lewisii Twinflower Linnaea borealis Pink wintergreen Pyrola asarifolia Western groundsel Senecio integerrimus Western meadow rye Thalictrum occidentale Western needlegrass Achnatherum occidentale Richardson's needlegrass Achnatherum richardsonii Oatgrass Danthonia sp Thickspike wheatgrass Elymus lanceolatus Rough fescue Festuca campestris Idaho fescue Festuca idahoensis Prairie junegrass Koeleria macrantha Basin wildrye Leymus cinereus Western wheatgrass Pascopyrum smithii Sandberg's bluegrass Poa secunda Mountain Brome Bromus marginatus Ticklegrass Agrostis scabra Tufted Hairgrass Deschampsia caespitosa Blue Wildrye Elymus glaucus Sweetgrass Hierochloe odorata Switchgrass Panicum virgatum Liddon sedge Carex petasata Yarrow Achillea millefolium Arrowleaf balsamroot Balsamorhiza sagittata Indian paintbrush Castilleja sp Pale Paintbrush Castilleja pallescens Little larkspur Delphinium bicolor Wild strawberry Fragaria virginiana Sticky geranium Geranium viscossisimum Nine-leaf biscuitroot Lomatium triternatum Silky lupine Lupinus sericeus Crazyweed Oxytropis sp Sulphur penstemon Penstemon confertus Sticky cinquefoil Potentilla glandulosa Prairie cinquefoil Pontentilla gracilis Large-Leaved Avens Geum macropyllum Monkshood Aconitum columbianum Yellow Columbine Aquiligea flavescens Blue Camas Camassia quamash Prairie Gentian Gentiana affinis Field Mint Mentna arvenis Blue Eyed Grass Sisyrinchium montanum Mountain Kittentails Synthyris missourica Many flowered stickseed Hackelia floribunda Wild bergamot Monarda fistulosa Western coneflower Rudbekcia occidentalis Shrubby cinquefoil Dasiphora fruticosa Common juniper Juniperus communis Woods' rose Rosa woodsii Snowberry Symphoricarpos sp Black Elderberry Sambucus racemosa Black Hawthorn Crataegus douglasii Mountain Ash Sorbus scopulina White Spirea Spiraea betulifolia Huckleberry Vaccinium globulare Grouse Whortleberry Vaccinium scoparium Kinnickinnick Arctosaphylos uva-uri Saskatoon Serviceberry Amelanchier alnifolia Black hawthorn Crataegus douglasii Rocky MT Juniper Juniperus scopulorum Golden Currant Ribes aureum Oregon grape Mahonia repens Bluebunch wheatgrass Pseudoroegneria spicata Indian ricegrass Achnatherum hymenoides Timber oatgrass Danthonia intermedia Idaho fescue Festuca idahoensis Prairie junegrass Koeleria macrantha Prairie Junegrass Koeleria cristata Sandberg's bluegrass Poa secunda Blue Grama Bouteloua gracilis Canby's Bluegrass Poa canbyi Sandberg Bluegrass Poa sandbergii Little Bluestem Schizachyrium scoparium Squirreltail Bottlebrush Elymus elymoides Buffalograss Buchloe dactyloides Needle and Threadgrass Stipa comata Prairie Sandreed Calamovilfa longifolia Red Threeawn Aristida longiseta Thickspike Wheatgrass Elymus lanceolatus Canadian Wildrye Elumus canadensis Threadleaf sedge Carex filifolia Geyer's sedge Carex geyeri Yarrow Achillea millefolium Rosy pussytoes Antennaria microphylla Prairie arnica Arnica sororia Boreal sagewort Artemisia frigida Western sagewort Artemisia ludoviciana Daisy Erigeron sp Cutleaf Fleabane Daisy Erigeron compositus Sulfur buckwheat Eriogonum umbellatum Buckwheat Erigonum sp Indian blanketflower Gaillardia aristata Boreal bedstraw Galium boreale Prairie smoke Geum triflorum Alumroot Huechera sp Gayfeather Liatris punctata Stoneseed Lithospermum ruderale Early biscuitroot Lomatium macrocarpum Silver lupine Lupinus argenteus Silky lupine Lupinus sericeus Brittle prickly pear Opuntia fragilis Crazyweed Oxytropis sp Fuzzytongue penstemon Penstemon eriantherus Littleflower penstemon Penstemon procerus Alyssum leaf phlox Phlox alyssifolia Hood's phlox Phlor hoodii Prairie cinquefoil Potentilla gracilis Prairie crocus Pulsatilla patens Missouri goldenrod Solidago missouriensis Rocky Mtn Bee Plant Cleome serrulata Tufted Milkvetch Astagulus spatulatus Ground Plum Astragalus crassicarpus Wavy-leaved Thistle Cirsium undulatum Plains Coreopsis Coreopsis tinctoria Hairy Goldenaster Crysopsis villosa Little Larkspur Delphinium bicolor Pale Purple Coneflower Echinacea angustifolia Blue Flax Linum perenne lewisii Tufted Evening Primrose Oenothera caespitosa Prairie Coneflower Ratibida columnifera Prairie coneflower Rudbeckia occidentalis White Globemallow Sphaeralcea munroana Prince's Plume Stanleya pinnata Hooker's Townsendia (Easter Daisy)Townsendia hookeri Parry's Townsendia Townsendia parryi Pearly everlasting Anaphalis margariteacea Wyoming kittentails Besseya wyomingensis Longleaf phlox Phlox longifolia Wild pea Vicia americana Soapwell yucca Yucca glaucaTreesForbsForbsDrier GrasslandRiparian Woodland/ShrublandRiparian Woodland/ShrublandGrassesForbsSedgesShrubsMesic GrasslandGrassesSedgesRocky Mountain Maple Acer glabrumThinleaf alder Alnus incanaWater birch Betula occidentalisBlack hawthorn Crataegus douglasiiRedosier dogwood Cornus sericeaChokecherryPrunus virginianaSkunkbushRhus trilobataWoods' rose Rosa woodsiiPacific willow Salix lucidaSilver buffaloberry Shepherdia argenteaSnowberrySymphoricarpos sp.Bebb Willow Salix bebbianaBooth Willow Salix boothiiNinebarkPhysocarpus malveceusSandbar Willow Salix exiguaSilverberryEleagnus commutataNorthern black currant Ribes oxyacanthoidesBoxelder maple Acer negundoRocky Mountain juniper Juniperus scopulorumNarrowleaf cottonwood Populus angustifoliaPlains cottonwood Populus deltoidesDouglas fir Pseudotsuga menziesiiPeachleaf willow Salix amygdaloidesBlack Cottonwood Populus TrichocarpaQuaking Aspen Populus TremuloidesMarsh marigold Caltha leptosepalaShooting star Dodecatheon pulchellumGlacier lily Erythonium grandiflorumWoodland strawberry Fragaria vescaNorthen bedstraw Galium borealeRichardson's geranium Geranium richardsoniiWild hollyhock Iliamna rivularisRocky Mt Iris Iris missouriensisTwinflowerLinnaea borealisStarry lily of the valley Maianthemum stellatumLewis monkeyflower Mimulus lewisiiTwinflowerLinnaea borealis Pink wintergreen Pyrola asarifolia Western groundsel Senecio integerrimus Western meadow rye Thalictrum occidentale Western needlegrass Achnatherum occidentale Richardson's needlegrass Achnatherum richardsonii Oatgrass Danthonia sp Thickspike wheatgrass Elymus lanceolatus Rough fescue Festuca campestris Idaho fescue Festuca idahoensis Prairie junegrass Koeleria macrantha Basin wildrye Leymus cinereus Western wheatgrass Pascopyrum smithii Sandberg's bluegrass Poa secunda Mountain Brome Bromus marginatus Ticklegrass Agrostis scabra Tufted Hairgrass Deschampsia caespitosa Blue Wildrye Elymus glaucus Sweetgrass Hierochloe odorata Switchgrass Panicum virgatum Liddon sedge Carex petasata Yarrow Achillea millefolium Arrowleaf balsamroot Balsamorhiza sagittata Indian paintbrush Castilleja sp Pale Paintbrush Castilleja pallescens Little larkspur Delphinium bicolor Wild strawberry Fragaria virginiana Sticky geranium Geranium viscossisimum Nine-leaf biscuitroot Lomatium triternatum Silky lupine Lupinus sericeus Crazyweed Oxytropis sp Sulphur penstemon Penstemon confertus Sticky cinquefoil Potentilla glandulosa Prairie cinquefoil Pontentilla gracilis Large-Leaved Avens Geum macropyllum Monkshood Aconitum columbianum Yellow Columbine Aquiligea flavescens Blue Camas Camassia quamash Prairie Gentian Gentiana affinis Field Mint Mentna arvenis Blue Eyed Grass Sisyrinchium montanum Mountain Kittentails Synthyris missourica Many flowered stickseed Hackelia floribunda Wild bergamot Monarda fistulosa Western coneflower Rudbekcia occidentalis Shrubby cinquefoil Dasiphora fruticosa Common juniper Juniperus communis Woods' rose Rosa woodsii Snowberry Symphoricarpos sp Black Elderberry Sambucus racemosa Black Hawthorn Crataegus douglasii Mountain Ash Sorbus scopulina White Spirea Spiraea betulifolia Huckleberry Vaccinium globulare Grouse Whortleberry Vaccinium scoparium Kinnickinnick Arctosaphylos uva-uri Saskatoon Serviceberry Amelanchier alnifolia Black hawthorn Crataegus douglasii Rocky MT Juniper Juniperus scopulorum Golden Currant Ribes aureum Oregon grape Mahonia repens Bluebunch wheatgrass Pseudoroegneria spicata Indian ricegrass Achnatherum hymenoides Timber oatgrass Danthonia intermedia Idaho fescue Festuca idahoensis Prairie junegrass Koeleria macrantha Prairie Junegrass Koeleria cristata Sandberg's bluegrass Poa secunda Blue Grama Bouteloua gracilis Canby's Bluegrass Poa canbyi Sandberg Bluegrass Poa sandbergii Little Bluestem Schizachyrium scoparium Squirreltail Bottlebrush Elymus elymoides Buffalograss Buchloe dactyloides Needle and Threadgrass Stipa comata Prairie Sandreed Calamovilfa longifolia Red Threeawn Aristida longiseta Thickspike Wheatgrass Elymus lanceolatus Canadian Wildrye Elumus canadensis Threadleaf sedge Carex filifolia Geyer's sedge Carex geyeri Yarrow Achillea millefolium Rosy pussytoes Antennaria microphylla Prairie arnica Arnica sororia Boreal sagewort Artemisia frigida Western sagewort Artemisia ludoviciana Daisy Erigeron sp Cutleaf Fleabane Daisy Erigeron compositus Sulfur buckwheat Eriogonum umbellatum Buckwheat Erigonum sp Indian blanketflower Gaillardia aristata Boreal bedstraw Galium boreale Prairie smoke Geum triflorum Alumroot Huechera sp Gayfeather Liatris punctata Stoneseed Lithospermum ruderale Early biscuitroot Lomatium macrocarpum Silver lupine Lupinus argenteus Silky lupine Lupinus sericeus Brittle prickly pear Opuntia fragilis Crazyweed Oxytropis sp Fuzzytongue penstemon Penstemon eriantherus Littleflower penstemon Penstemon procerus Alyssum leaf phlox Phlox alyssifolia Hood's phlox Phlor hoodii Prairie cinquefoil Potentilla gracilis Prairie crocus Pulsatilla patens Missouri goldenrod Solidago missouriensis Rocky Mtn Bee Plant Cleome serrulata Tufted Milkvetch Astagulus spatulatus Ground Plum Astragalus crassicarpus Wavy-leaved Thistle Cirsium undulatum Plains Coreopsis Coreopsis tinctoria Hairy Goldenaster Crysopsis villosa Little Larkspur Delphinium bicolor Pale Purple Coneflower Echinacea angustifolia Blue Flax Linum perenne lewisii Tufted Evening Primrose Oenothera caespitosa Prairie Coneflower Ratibida columnifera Prairie coneflower Rudbeckia occidentalis White Globemallow Sphaeralcea munroana Prince's Plume Stanleya pinnata Hooker's Townsendia (Easter Daisy)Townsendia hookeri Parry's Townsendia Townsendia parryi Pearly everlasting Anaphalis margariteacea Wyoming kittentails Besseya wyomingensis Longleaf phlox Phlox longifolia Wild pea Vicia americana Soapwell yucca Yucca glaucaTreesForbsForbsDrier GrasslandRiparian Woodland/ShrublandRiparian Woodland/ShrublandGrassesForbsSedgesShrubsMesic GrasslandGrassesSedgesRocky Mountain Maple Acer glabrumThinleaf alder Alnus incanaWater birch Betula occidentalisBlack hawthorn Crataegus douglasiiRedosier dogwood Cornus sericeaChokecherryPrunus virginianaSkunkbushRhus trilobataWoods' rose Rosa woodsiiPacific willow Salix lucidaSilver buffaloberry Shepherdia argenteaSnowberrySymphoricarpos sp.Bebb Willow Salix bebbianaBooth Willow Salix boothiiNinebarkPhysocarpus malveceusSandbar Willow Salix exiguaSilverberryEleagnus commutataNorthern black currant Ribes oxyacanthoidesBoxelder maple Acer negundoRocky Mountain juniper Juniperus scopulorumNarrowleaf cottonwood Populus angustifoliaPlains cottonwood Populus deltoidesDouglas fir Pseudotsuga menziesiiPeachleaf willow Salix amygdaloidesBlack Cottonwood Populus TrichocarpaQuaking Aspen Populus TremuloidesMarsh marigold Caltha leptosepalaShooting star Dodecatheon pulchellumGlacier lily Erythonium grandiflorumWoodland strawberry Fragaria vescaNorthen bedstraw Galium borealeRichardson's geranium Geranium richardsoniiWild hollyhock Iliamna rivularisRocky Mt Iris Iris missouriensisTwinflowerLinnaea borealisStarry lily of the valley Maianthemum stellatumLewis monkeyflower Mimulus lewisiiTwinflowerLinnaea borealisPink wintergreen Pyrola asarifoliaWestern groundsel Senecio integerrimusWestern meadow rye Thalictrum occidentaleWestern needlegrass Achnatherum occidentaleRichardson's needlegrass Achnatherum richardsoniiOatgrassDanthonia spThickspike wheatgrass Elymus lanceolatusRough fescue Festuca campestrisIdaho fescue Festuca idahoensisPrairie junegrass Koeleria macranthaBasin wildrye Leymus cinereusWestern wheatgrass Pascopyrum smithiiSandberg's bluegrass Poa secundaMountain Brome Bromus marginatusTicklegrassAgrostis scabraTufted Hairgrass Deschampsia caespitosaBlue Wildrye Elymus glaucusSweetgrassHierochloe odorataSwitchgrassPanicum virgatumLiddon sedge Carex petasataYarrowAchillea millefoliumArrowleaf balsamroot Balsamorhiza sagittataIndian paintbrush Castilleja spPale Paintbrush Castilleja pallescensLittle larkspur Delphinium bicolorWild strawberry Fragaria virginianaSticky geranium Geranium viscossisimumNine-leaf biscuitroot Lomatium triternatumSilky lupine Lupinus sericeusCrazyweedOxytropis spSulphur penstemon Penstemon confertusSticky cinquefoil Potentilla glandulosaPrairie cinquefoil Pontentilla gracilisLarge-Leaved Avens Geum macropyllumMonkshoodAconitum columbianumYellow Columbine Aquiligea flavescensBlue Camas Camassia quamashPrairie Gentian Gentiana affinisField Mint Mentna arvenisBlue Eyed Grass Sisyrinchium montanumMountain Kittentails Synthyris missouricaMany flowered stickseed Hackelia floribundaWild bergamot Monarda fistulosaWestern coneflower Rudbekcia occidentalisShrubby cinquefoil Dasiphora fruticosaCommon juniper Juniperus communisWoods' rose Rosa woodsiiSnowberrySymphoricarpos spBlack Elderberry Sambucus racemosaBlack Hawthorn Crataegus douglasiiMountain Ash Sorbus scopulinaWhite Spirea Spiraea betulifoliaHuckleberryVaccinium globulareGrouse Whortleberry Vaccinium scopariumKinnickinnickArctosaphylos uva-uriSaskatoon Serviceberry Amelanchier alnifolia Black hawthorn Crataegus douglasii Rocky MT Juniper Juniperus scopulorum Golden Currant Ribes aureum Oregon grape Mahonia repens Bluebunch wheatgrass Pseudoroegneria spicata Indian ricegrass Achnatherum hymenoides Timber oatgrass Danthonia intermedia Idaho fescue Festuca idahoensis Prairie junegrass Koeleria macrantha Prairie Junegrass Koeleria cristata Sandberg's bluegrass Poa secunda Blue Grama Bouteloua gracilis Canby's Bluegrass Poa canbyi Sandberg Bluegrass Poa sandbergii Little Bluestem Schizachyrium scoparium Squirreltail Bottlebrush Elymus elymoides Buffalograss Buchloe dactyloides Needle and Threadgrass Stipa comata Prairie Sandreed Calamovilfa longifolia Red Threeawn Aristida longiseta Thickspike Wheatgrass Elymus lanceolatus Canadian Wildrye Elumus canadensis Threadleaf sedge Carex filifolia Geyer's sedge Carex geyeri Yarrow Achillea millefolium Rosy pussytoes Antennaria microphylla Prairie arnica Arnica sororia Boreal sagewort Artemisia frigida Western sagewort Artemisia ludoviciana Daisy Erigeron sp Cutleaf Fleabane Daisy Erigeron compositus Sulfur buckwheat Eriogonum umbellatum Buckwheat Erigonum sp Indian blanketflower Gaillardia aristata Boreal bedstraw Galium boreale Prairie smoke Geum triflorum Alumroot Huechera sp Gayfeather Liatris punctata Stoneseed Lithospermum ruderale Early biscuitroot Lomatium macrocarpum Silver lupine Lupinus argenteus Silky lupine Lupinus sericeus Brittle prickly pear Opuntia fragilis Crazyweed Oxytropis sp Fuzzytongue penstemon Penstemon eriantherus Littleflower penstemon Penstemon procerus Alyssum leaf phlox Phlox alyssifolia Hood's phlox Phlor hoodii Prairie cinquefoil Potentilla gracilis Prairie crocus Pulsatilla patens Missouri goldenrod Solidago missouriensis Rocky Mtn Bee Plant Cleome serrulata Tufted Milkvetch Astagulus spatulatus Ground Plum Astragalus crassicarpus Wavy-leaved Thistle Cirsium undulatum Plains Coreopsis Coreopsis tinctoria Hairy Goldenaster Crysopsis villosa Little Larkspur Delphinium bicolor Pale Purple Coneflower Echinacea angustifolia Blue Flax Linum perenne lewisii Tufted Evening Primrose Oenothera caespitosa Prairie Coneflower Ratibida columnifera Prairie coneflower Rudbeckia occidentalis White Globemallow Sphaeralcea munroana Prince's Plume Stanleya pinnata Hooker's Townsendia (Easter Daisy)Townsendia hookeri Parry's Townsendia Townsendia parryi Pearly everlasting Anaphalis margariteacea Wyoming kittentails Besseya wyomingensis Longleaf phlox Phlox longifolia Wild pea Vicia americana Soapwell yucca Yucca glaucaTreesForbsForbsDrier GrasslandRiparian Woodland/ShrublandRiparian Woodland/ShrublandGrassesForbsSedgesShrubsMesic GrasslandGrassesSedgesAmur Maple Acer ginnala Tatarian maple Acer tataricum Autum Brilliance Serviceberry Amelanchier x grandifolia River Birch Betula nigra Paper Birch Betula papyrifera Common Hackberry Celtis occidentalis Ponderosa Pine Pinus ponderosa Quaking Aspen Populus Tremuloides Amur Cherry Prunus Mackii Bur Oak Quercus macrocarpa Dwarf mountain ash Sorbus scopulina Lilac Syringa Littleleaf Linden Tilia cordata Chokeberry Aronia spp Redtwig Dogwood Cornus sericea Silverberry Eleagnus commutata Twinberry Honeysuckle Lonicera involucrata Common Juniper Juniperus communis Lewis's Mock Orange Philadelphus lewisii Dwarf Ninebark Physocarpus opulifolius 'nana' Snowberry Symphoricarpos sp Chokecherry Prunus virginiana Western sandcherry Prunus besseyi 'pawnee butte' Dwarf Fragrant Sumac Rhus aromatica 'Gro-Low' Birchleaf spirea Spirea betulifolia Yarrow Achillea Green Bishop's Weed Aegopodium podagraria Lady's Mantle Alchemilla mollis Nodding onion Allium cernuum Snowdrops anenome Anenome sylvestris Pussytoes Antennaria microphyla October skies aster Aster oblongofolius Rocky Mt. Columbine Aquilegia caerulea Red Columbine Aquliegia canadensis False Forget-Me-Not Brunnera macrophylla Harebells Campanula rotundifolia Purple prairie clover Dalea purpurea Bleeding Heart Dicentra (Lamprocapnos) spectabilis Pineleaf dianthus Dinanthus pinifolius Coneflower Echinacea purpurea Blanketflower Gaillardia aristata Sweet woodruff Gallium odoratum Johnson's Geranium Geranium ibericum 'Johnson's' Prairie smoke Geum trifolum Rocky MT Iris Iris missouriensis Double Shasta Daisy Leucanthemum x superbum 'Aglaia' Blazingstar Liatris spicata 'kobold' Blue flax Linum lewisii Catmint Nepeta Oriental Poppy Papaver orientale Rocky MT penstemon Penstemon stricuts Salvia Salvia nemorosa Dragon's Blood' Sedum Sedum spurium 'Dragon's Blood' Smooth Blue Aster Symphyotrichum laeveShrubsPerennialsTreesOrnamental 226 334 IRRIGATION LEGEND - NORTH PARCEL SPRAY IRRIGATION - TURF (1.3 ACRES) SPRAY IRRIGATION - HIGH INTENSIVE (2.62 ACRES) SPRAY IRRIGATION - MEDIUM INTENSIVE (3.58 ACRES) SPRAY IRRIGATION - LOW INTENSIVE, ESTABLISHMENT PERIOD (3.71 ACRES) CITY WATER SPIGOTS - TEACHING GARDEN PROPOSED TREE - PERMANENT IRRIGATION (210 TREES) PROPOSED TREE - TEMPORARY IRRIGATION (205 TREES) PROPOSED TREE - TEMPORARY HAND WATERING (19 TREES) SUPPLEMENTAL SPRAY IRRIGATION - LOW LAYING AREA (.72 ACRES) EXISTING TREE - DRIP IRRIGATION (235 TREES) DRIP - ORNAMENTAL PERENNIAL/SHRUB BEDS (.26 ACRES) NO IRRIGATION - APPROX. 8.6 ACRES OF NORTH PARCEL NORTH 0 ORIGINAL SCALE: 30 60 120 1"=60'-00" C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:31amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Irrigation Plan.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development NORTH PARCEL IRRIGATION PLAN 1.2 ACRES .1 ACRES PROPOSED IRRIGATION WELL #1 PROPOSED IRRIGATION WELL #2 PROPOSED IRRIGATION WELL #3 PROPOSED IRRIGATION WELL #4 MDT RIGHT-OF-WAY MASTER PLAN DOCUMENT 227 335 IRRIGATION LEGEND - COMMUNITY CENTER PARCEL SPRAY IRRIGATION - TURF (.8 ACRES) SPRAY IRRIGATION - MEDIUM INTENSIVE (.72 ACRES) PROPOSED TREE - PERMANENT IRRIGATION (15 TREES) PROPOSED TREE - TEMPORARY IRRIGATION (9 TREES) EXISTING TREE - DRIP IRRIGATION NO IRRIGATION - APPROX. 3.48 ACRES OF COMMUNITY CENTER PARCEL NORTH 0 ORIGINAL SCALE: 30 60 120 1"=60'-00" C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:31amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Irrigation Plan.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development COMM. PARCEL .8 ACRES EXISTING IRRIGATION WELL TO REMAIN IRRIGATION PLAN MASTER PLAN DOCUMENT 228 336 IRRIGATION LEGEND - SOUTH PARCEL PROPOSED TREE - TEMPORARY IRRIGATION - HAND WATER (88 TREES) NO IRRIGATION - APPROX. 35 ACRES OF SOUTH PARCEL NORTH 0 ORIGINAL SCALE: 40 80 160 1"=80'-00" C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 25, 2016 - 11:31amF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Irrigation Plan.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60% Design Development SOUTH PARCEL IRRIGATION PLAN MASTER PLAN DOCUMENT 229 337 C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 22, 2016 - 2:54pmF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Irrigation Plan.dwg120 East Main StreetAspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60%DesignDevelopment _ MASTER PLAN DOCUMENT MDOT VEHICAL REGULATORY SIGNS ACCESSIBLE PARKING SIGNS (TBD) REGULATORY SIGN TYPES MUTCD/AASHTO MULTI-USE PATHWAY REGULATORY SIGNS 15 5 PRIMARY ENTRANCE IDENTIFICATION SIGNS DIRECTIONAL SIGNS AMENITY IDENTIFICATION SIGNS/DONOR RECOGNITION MAP KIOSK INFORMATIONAL REGULATORY SIGNS WAYFINDING & IDENTITY SIGN TYPES SECONDARY ENTRANCE IDENTIFICATION SIGNS INTERPRETIVE (NATURE & HISTORY) SIGNAGE WAYFINDING/ INTERPRETIVE SIGNAGE PLAN 230 338 C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 22, 2016 - 2:54pmF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Irrigation Plan.dwg120 East Main StreetAspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60%DesignDevelopment _ MASTER PLAN DOCUMENT MDOT VEHICAL REGULATORY SIGNS ACCESSIBLE PARKING SIGNS (TBD) REGULATORY SIGN TYPES MUTCD/AASHTO MULTI-USE PATHWAY REGULATORY SIGNS 15 5 PRIMARY ENTRANCE IDENTIFICATION SIGNS DIRECTIONAL SIGNS AMENITY IDENTIFICATION SIGNS/DONOR RECOGNITION MAP KIOSK INFORMATIONAL REGULATORY SIGNS WAYFINDING & IDENTITY SIGN TYPES SECONDARY ENTRANCE IDENTIFICATION SIGNS INTERPRETIVE (NATURE & HISTORY) SIGNAGE 5151555REGULATORY SIGNAGE PLAN 231 339 STORY MILL COMMUNITY PARK Submittal to City of Bozeman Design Review Committee July 26, 2016 The Trust for Public Land, in partnership with the City of Bozeman Parks and Recreation Department, is pleased to present the master plan for Story Mill Community Park for formal Design Review. The design team is led by Design Workshop, in consultation with local firms, Stahly Engineering, Design5, Intrinsik Architecture, and RESPEC Riparian Consulting. This narrative and accompanying maps, provides an overview of the park design as well as addresses specific questions and issues raised during the DRC Informal Review in April 2016. Guiding Principles: Story Mill Community Park is organized around several guiding principles that are summarized below. Throughout this text, the park is commonly segmented into different areas for the purposes of describing the uses and character of the park. These areas are referred to as follows and identified in the attached diagram: the Story Mill Community Center Parcel, the North Parcel, the South Parcel and the Triangle Parcel. NORTH PARCEL SOUTH PARCEL TRIANGLE PARCEL STORY MILL COMMUNITY CENTER PARCEL 232 340 The addition of the Story Mill Community Center Parcel is new since the project’s informal review. It is the site of the former Boys & Girls Club of Southwest Montana and will be dedicated to the City for use as a Community Center. While this site expands the park’s offerings, it also provides some mutual benefit of sharing existing facilities, such as access, utility tie-ins, parking, water rights for irrigation and indoor facilities. The Story Mill Community Center is anticipated to be used for indoor recreation and meeting space and to host summer programs. The exterior land use of the site will remain largely intact, maintaining the existing playground, using some of the existing lawn for outdoor recreation, and planning for future trail connections. The addition of a pavilion and restroom is also planned for the parcel. The North Parcel, or area north of the East Gallatin River and bordering Bridger Drive will be the most active portion of the park. It will contain a playground, teaching garden, food forest trail, arrival plaza, future splash pad and community gathering space. Mowed and irrigated turf is limited to those areas available for active play. The balance of this portion of the park will be low maintenance native grasses and wildflowers. Parking and other improvements including the playground and teaching garden, are clustered in the western portion of the park in order to take advantage of existing utility tie-ins, the existing entry drive, existing parking and interface with the Story Mill Community Center, thus minimizing construction costs. A future parking lot is also planned for the east side of the site. This will allow parking to be in close proximity of all park elements with access from Bridger Drive. Park entries are aligned with existing streets that also intersect with Bridger Drive. South of East Griffin Drive, the park is envisioned as a nature preserve. Development in this area is limited beyond trails, a Homestead Pavilion, interpretive signage, and blinds for bird viewing. Generally, as you move south through the park, the intensity of use is reduced. An approximately one-acre, fenced off-leash dog park is planned in the south portion of the site on the Triangle Parcel and adjacent to Story Mill Road. This parcel is separated from the South Parcel and previously disturbed. Because of this low intensity of use, East Griffin Drive is not considered to be an essential automobile route for park purposes. As such, a woonerf treatment is suggested so that there will be as little automobile disruption of park use as possible. A woonerf is a concept that incorporates shared space, traffic calming, and slow speeds in a street design that accommodates motorists, cyclists, and pedestrians. The woonerf configuration will allow East Griffin to function as a park drive rather than a high speed thoroughfare, while still maintaining east/west connectivity. Vicinity and Overview: The Vicinity Map shows the location of the 60.25-acre Story Mill Community Park within the context of the City of Bozeman (North Parcel – 21.11 Acres; South Parcel – 25.64 Acres; Triangle Parcel – 8.49 Acres; Community Center Parcel – 5.01 Acres). The park is bound on the north by Bridger Drive, on the west by Bozeman Creek and private property, and on the east by the East Gallatin River and Story Mill Road. The park is bisected west to east by East Griffin Drive and the Story Mill Spur Trail connects the South and Triangle Parcels. Circulation: Story Mill Community Park south of East Griffin Drive is envisioned as a low intensity visitor experience in the context of a nature preserve. Visitors to this section of the park are seeking a quiet nature experience in the heart of Bozeman, where birds and wildlife can be observed and the native landscape and view enjoyed. Therefore, automobile access is restricted (except for a small gravel parking lot off of Story Mill Road). Service, fire and emergency access is limited to a twenty-foot-wide alignment with hammerhead turnaround. The alignment will double as a multi-use connector path that runs the length of the parcel from north to south with reinforced shoulders to make up the clearance difference required for emergency and service vehicles. In order to minimize impact on wildlife and intrusion on the landscape, other paths are of four-, six- and eight-foot widths, and where possible, of compacted gravel. Paths of compacted gravel will be designed and detailed in such a way that they are firm and ADA accessible. Trails within the floodplain will be constructed at grade as possible to minimize impacts. Where trail alignments travel through the wetlands and are required to be raised, they will be of a metal grate material to allow plant material to thrive beneath. Trails within the park are anticipated to tie into both the Story Mill Spur Trail in the existing railroad right-of-way and to the new sidewalk along Bridger Drive proposed as part of the anticipated MDT roadway improvement and longer-term, the new Path to the M and Drinking Horse trailheads. 233 341 One pedestrian bridge over the East Gallatin River is anticipated at the southern end of the property, and one is anticipated just south of where East Griffin Drive crosses the East Gallatin. Park Access Points: Three automobile access points are proposed for the park. The main entry to the west is at the existing entry to the Story Mill Community Center. The second entry aligns with Birdie Drive on the east side of the site. The third is in the Triangle Parcel on Story Mill Road. All three entry points are assumed to be 24 feet wide with curb and gutter and associated green infrastructure techniques to manage stormwater. Park Road (Woonerf): East Griffin Drive is proposed as a park drive which is capable of carrying automobiles, bicycles and pedestrians. A seventeen-foot wide travel way is proposed with a two-foot concrete curb on one side and a five-foot wide concrete curb and sidewalk on the other. On either side of this paved section is a bioswale to handle stormwater. The travel way section will be marked with appropriate signage to ensure that motorists, cyclists and pedestrians are all aware that they are on a shared traffic way and entering into a park environment with increased pedestrian and bicycle activity. A separation will be indicated between the drive lane and the pedestrian-way with detectable and reflective pavement markers embedded into the pavement. Speed limits will be posted at 15 miles per hour. Parking: Two main parking lots are proposed for Story Mill Community Park – a west lot of 72 spaces accessed from Bridger Drive at the Story Mill Community Building will provide the main park entrance, and an east lot with future capacity of 50-94 spaces also with access via Bridger Drive. A third, small gravel parking lot of 12 spaces is proposed for access off of Story Mill Road in the location of an existing parking area that has been captured and used by current trail users. Parking spaces are presumed to be 9 by 18 feet in dimension with a 24-foot travel aisle. All lots will be cross-sloped at 1-2% and will provide adequate ADA spaces. The two lots accessed off of Bridger Drive will have curbs on the uphill edge and a curb with scuppers on the downhill edge. The scuppers will open into bioswales of varying widths along the length of the parking lots as shown on the attached plans. The quantity of parking is consistent with the transportation analysis that is included as part of this submission. Habitat Objectives and Plant Species: With the exception of lilacs, which are found as a remnant of the former homestead and trailer park use of the property, the teaching garden and the food forest trail, all plant materials within the park will be native species. Biohabitats, a key member of the consultant team, has identified a set of habitat objectives for the project that are aimed at restoring and replicating native habitats. The restoration of these native habitats will be a key element of the interpretive program of the park. The use of native plant materials will also assist in the park’s water conservation strategy and in creating new habitat for birds and other wildlife. The teaching garden is anticipated to include vegetables, berries, fruit and other food producing plants, as well as ornamental plants and flowers. The food forest trail will contain both native and non-native fruit and berry producing plants along a trail adjacent to the teaching garden. Both the teaching garden and food trail will employ fencing to deter wildlife. More intensive or ornamental planting schemes will be concentrated around the plaza and playground in the North Parcel, including flowering trees, shrubs and perennials. Hearty native plants will be used to achieve a welcoming garden experience. Maintenance strategies will be tied to each vegetative community. Areas of lawn will be more intensely mowed and managed, versus other native plant communities of dry and mesic grasslands and meadows that will be left to grow for much of the year. These areas of intensity of use will also be tied to the irrigation strategy, where more highly trafficked areas receive a greater level of irrigation to withstand the use. The lawn and fescue areas are anticipated to have the most use, maintenance and irrigation, while other new vegetative communities will be designed to blend into the native and restored areas of the site and discourage off-trail use. Wetlands: To date, The Trust for Public Land with the assistance of RESPEC, has been engaged in extensive restoration of the East Gallatin River corridor. The now completed project includes 14-15 acres of wetlands that have been restored or created onsite. It is anticipated that these wetlands will remain and that all park improvements, including trails, will be constructed in such a way to conserve and enhance these wetlands. See Appendix A – Floodplain Impacts. 234 342 Infrastructure Water and Sewer: Water and sewer utilities will be provided to the park restroom and an interactive water feature within the playground. City water will also be provided to the teaching garden for watering and irrigation purposes. As shown on the Master Plan, these utilities will be provided by extensions and services from the existing water and sewer mains serving the Story Mill Community Center structure. Due to the lack of habitable structures to the east or south ends of the park, water or sewer service is not proposed to any other locations. Irrigation and Water Supply: Long-term irrigation water supply will be from four (4) on-site wells within the constraints of exempt water rights (<35 gpm and <10af) providing four (4) separate irrigation systems. A fifth well is existing and included on the Story Mill Community Center Parcel and is not anticipated to change from a capacity or land coverage standpoint. It is anticipated that during vegetation establishment, additional irrigation water will be needed which will be provided in the form of two (2) of the four (4) new wells. The intent is to take those two wells off line upon establishment of the native vegetation and use only as needed during times of severe drought. At this time, it is envisioned that some short-term irrigation would be needed for tree establishment, particularly on the South Parcel, to be provided by the City. City water is planned to be used to support the teaching garden with a potable water source. Landscape irrigation will be limited to spray irrigation for approximately 1.3 acres of blue grass lawn in the North Parcel and spray irrigation for higher intensity and medium intensity meadow plantings. Temporary drip irrigation to establish new trees and other plantings will be provided. Water Conservation: Water conservation is a key element of the master plan for Story Mill Community Park. It is anticipated that all plumbing fixtures will be low flow. Although formal LEED or Sustainable Sites certification is not anticipated for the park, it is the intent that water conservation within the park meet the standards of those programs. Storm Drainage: All stormwater within Story Mill Community Park will be mitigated through green stormwater management techniques. In keeping with low impact design standards, stormwater runoff from buildings and parking areas will be retained on site. Stormwater treatment and retention will by primarily mitigated by bioswales (bioretention). At the east parking lot, where the large lawn is located down gradient of bioswales, stormwater runoff from large events (>0.5”) will be allowed to overflow from the bioswales onto graded lawns for infiltration and supplemental irrigation. Bioswales will also be used within the parking arrangement of the west parking area and along E. Griffin Drive. Franchise Utilities Electric, Gas, Communications: The park will be provided with electric service from the existing on-site underground electrical service from Bridger Drive. New underground franchise utilities (electric, gas and communications) will be provided for the restroom. Additional electrical services will be provided for parking lot lighting and vendor hook-ups within the park surrounding the great lawn and in the arrival plaza. An existing underground gas line running through the northern portion of the park will need to be re-routed during park construction. Site Lighting: Site lighting for Story Mill Community Park will meet the standards of the International Dark Sky Association and will meet lighting level requirements of the City. Light levels required are: Average Horizontal Illuminance for Pedestrian Walkways in Maintained Foot-candles, Mixed Vehicle and Pedestrian 1.0 FC, Pedestrian Only 0.5 FC. As a predominantly nature-oriented park, outdoor lighting consistent with city codes is anticipated to be kept to a minimum with security lighting for parking areas, entry ways, and the restroom. Phasing: All park improvements are anticipated to be made at one time with the exception of constructing the full length of park road typology, or woonerf, along E. Griffin Drive and the east parking lot. A splash pad is also anticipated as a future addition. 235 343 Signage: Signage will be provided to the park and is indicated in the signage master plan. Regulatory signage is anticipated at all automobile entrances to park. Park signage will be provided along Bridger Drive and East Griffin Drive, announcing and indicating the park’s extents. Regulatory signage in the way of rules and regulations will be posted at the parking areas and trail gateways including engry points along the Story Mill Spur Trail, as well as distributed throughout as required. These signs will indicate hours of operation, conduct, and rules for trails, dogs, etc. The balance of signage within the park is informational or interpretive signage. These will include wayfinding markers directing users to facilities and trails, as well as interpretive signs displaying natural and historical information. Maintenance and Operations Park maintenance considerations have been studied by the project consultant, ETM. They will be guiding detailed design for durability of products and materials and efficiency of long-term maintenance. The City Parks Department and Maintenance Superintendent has been and will continue to be included in the coordination of this plan. The Trust for Public Land has committed to contributing $200,000 in privately raised funds for the first few years of maintenance. CITY INFORMAL REVIEW COMMENTS The following responses are to clarify the informal review comments provided by Shawn Kohtz, Development Review Engineer on January 20, 2016: 1. The proposed plan indicates reliance on an existing well to irrigate much of the property. As indicated in the narrative, this is intended to be accomplished within the limits of an exempt well. An analysis of the water demand for irrigation must be provided to demonstrate demands within the exempt well limits. If not within the limits, an alternate water source will need to be identified for irrigation. An irrigation demand analysis is included within the master plan submission. See Appendix B – Irrigation Water Needs. It indicates reliance on two existing water rights to irrigate the property amongst four wells. However, municipal water will be required to meet shortfalls in native plant revegetation and establishment, as well as provide full potable irrigation for the teaching farm, where users will be in contact with the water more frequently. The Master Plan assumes future City of Bozeman sewer line relocation work will make the existing pump and pump location unfeasible to use. Therefore, well and pump locations are indicated in the Irrigation Plan exhibit in the North Parcel with two above the teaching farm and two south of the west plaza. 2. If the City potable water supply is used to supplement irrigation, Section 38.23.180 of the Bozeman Municipal Code requires provision for water rights or cash in lieu (CIL) thereof. The project anticipates the regulations under the Bozeman Municipal Code. 3. Engineering and Public Works are supportive of the proposed “Woonerf” street section on East Griffin Drive. Continued access is maintained to the adjacent properties while recognizing the need to identify the street as a shared transportation system with significant use by pedestrians and bikes. The following items must be included in the proposed “Woonerf” section: a. Some form of separation shall be created between the automotive travel path and the 5-foot concrete walkway to further protect pedestrians when two vehicles are passing one another on the street section. The concrete walkway may be attached to the street section as shown but be separated by a minor barrier such as raised domes or bollards. Alternatively, the walkway may be physically separated from the drive lane. b. The speed limit for East Griffin is indicated as 25 miles-per-hour (mph) in one part of the application and 15 mph in another. The speed limit shall be 15 mph. c. Some form of roadway treatment, such as pavers or concrete, must be installed leading into the “Woonerf” section to signal the transition in the street section from a local street. The proposed street section will require a variance. The woonerf street section has been revised to include separation between vehicular and bicycle/pedestrian modes of travel. A raised and reflective pavement marker, similar to a raised dome, is proposed to provide separation and visually 236 344 signal a change of user patterns. The pavement markers will be of a material to permit snow removal. A change in road character will be announced on either end with a change of material, as well as park signage. The Master Plan proposes a concrete approach. The speed limit for East Griffin will be 15 mph. A variance will be included with the Site Plan Submission or when the City determines it necessary. 4. The improvements to East Griffin Drive are proposed in Phase II of the project. However, given the proposed park improvements, the “Woonerf” Section may be required in Phase I depending on adjacent development plans. The project team is not aware of any pending adjacent development and maintains the Phase 1 and Phase 2 proposed woonerf sections. The applicant is unable to forecast the appropriateness or applicability of a park-road typology at this time, not knowing future adjacent land uses. The future improvements to East Griffin Drive should occur with the future bridge upgrade to ensure compatibility or road and bridge cross sections. At the time where more development or changes in adjacent land uses are known, the park will contribute to the bridge upgrade. 5. A traffic impact study is required to determine the impacts of the proposed park on the transportation network. More specifically, a. The City’s capital planning map indicates required upgrades to the intersection of Story Mill Road and Bridger Drive. The proposed park will have an impact on this intersection and will be required to participate in its upgrade. b. The park will have an impact on Story Mill Road and will be required to participate in that street upgrade. A plan must be developed in conjunction with adjacent development to upgrade these critical transportation network components. The City is currently developing a tool for these types of upgrades known as cash-in-lieu (CIL) of infrastructure, which may be available upon park development. The applicant may contact the City Planning or Engineering Department to obtain details about CIL of infrastructure requirements and status of the program. A traffic impact study has been prepared by LSC Transportation Consultants and is included as a part of this Master Plan submission. See Appendix C – Traffic Impact Assessment. The traffic engineering study was used to determine the impacts of the traffic generated by the proposed park development on the surrounding roadway infrastructure. The study was based upon local ordinances and examines the full build-out of the site-generated traffic volumes and the operational analyses of intersections within the study area. • The proposed Story Mill Community Park is estimated to generate a total of approximately 638 daily one-way vehicle trips on a typical weekday without an event scheduled. The project is estimated to generate 41 vehicle trips (28 entering and 13 exiting) during the AM peak hour of the design day, and 99 vehicle trips (55 entering and 44 exiting) during the PM peak hour. • The project would result in an increase in traffic at any given study intersection of up to 95 peak-hour trips (through the Bridger Drive / Bridger Center Drive / Site Access intersection). The project would have a minimal impact on the total traffic volumes through the Bridger Drive / Story Mill Road intersection (up to 15 peak-hour trips). • The project would increase the ADT on any given roadway segment by up to 528, which occurs along Bridger Drive between Griffin Drive/Rouse Avenue and Bridger Center Drive. The project would increase the ADT on Story Mill Road at a point immediately south of Bridger Drive by approximately 65 ADT. During the AM peak hour, the project is estimated to increase the total two-way traffic volume on Story Mill Road immediately south of Bridger Drive by approximately 4 one-way trips, or one trip every 15 minutes, on average. During the PM peak hour, the project would add approximately 9 one-way trips, which equates to less than one trip every 6 minutes, on average. The project is expected to have a minimal impact on traffic volumes along East Griffin Drive. • All study intersections currently operate at an acceptable LOS C or better during the AM and PM peak hours. With implementation of the proposed project in 2016, some intersections would degrade by one level during the AM peak hour, although the LOS at all study intersections would remain at an acceptable LOS C or better during this period. In the PM peak hour, the following two intersections would decrease operation from LOS C to LOS D: - Bridger Drive / Bridger Center Drive / Site Access - Bridger Drive / Story Mill Road If all approaches on the unsignalized intersection of Bridger Drive / Bridger Center Drive / Site Access are required to operate at LOS C or better under Year 2016 conditions with the proposed project, it is recommended that a 237 345 central two-way left-turn lane (TWLTL) be constructed along Bridger Drive west of the intersection. This turn lane improvement (along with other improvements, including new sidewalks), is a planned improvement by MDT. With this improvement, an acceptable LOS C would also be provided in the Year 2018. At the Bridger Drive/Story Mill Road intersection, provision of a separate left-turn lane on the northbound Story Mill Road approach to Bridger Drive would improve the LOS at this intersection to an acceptable LOS C with the proposed project. This improvement would require widening the median of Story Mill Road within the vicinity of Bridger Drive, which is consistent with the City’s long-term vision of a 3-lane cross-section along Story Mill Road. Alternatively, provision of a separate right-turn lane on the northbound Story Mill Road approach would improve the LOS to an acceptable LOS C or better with the project; however, this improvement may not be desired due to right-of-way constraints. Assuming the MDT improvements are completed in 2018, the Bridger Drive / Story Mill Road intersection would continue to operate at LOS D. However, widening the Story Mill Road approaches to provide exclusive left-turn lanes would improve the LOS to an acceptable LOS C with the Story Mill Park Project in 2018. • The traffic volumes with the proposed project in 2016 do not meet the peak hour traffic signal warrant criteria at any unsignalized study intersections during the AM and PM peak hours. The warrant criteria is also not met in 2018. • All study roadway segments would operate at an acceptable LOS C or better with the proposed project in 2016; no roadway LOS deficiencies are identified. • The turn lane warrant analysis has determined left turn lanes are warranted for the following intersections: eastbound at the Bridger Drive/Birdie Drive intersection; and eastbound at the Bridger Drive/Story Mill Road intersection. These left-turn lanes, which are warranted with or without the proposed project, are planned to be installed as a part of the upcoming MDT project. No right-turn lanes are warranted at any of the unsignalized study intersections. • There is potential for local transit service to be provided in the future, but it is determined that it would not materially affect the findings and conclusions of this analysis. 6. The western bridge on East Griffin Drive is identified as a County bridge, which has width and potentially safety limitations. This bridge requires additional discussion with respect to its use in the park and the transition location to the “Woonerf” section. It is assumed that the western bridge on East Griffin Drive bridge will remain in place. The applicant is unable to forecast the appropriateness or applicability of a park-road typology at this time for the section beyond the park’s pedestrian crossing zone identified as Phase 1 due to not knowing future adjacent land uses. The future improvements to East Griffin Drive should occur with the future bridge upgrade to ensure compatibility or road and bridge cross sections. At the time where more development or changes in adjacent land uses are known, the park will contribute to the bridge upgrade. 7. The proposed stormwater facilities through the park and adjacent to the “Woonerf” Section shall be maintained by the City Parks Department. 8. Sewer services located in the project that will not be used shall be abandoned and disconnected per Water and Sewer Department requirements. Sewer services are noted in the master plan as abandoned in place. 9. Sewer mains that will remain in service on the property shall have a minimum 12-foot width all-weather access maintained to all manholes per the City of Bozeman Design Standards and Specifications Policy. The Master Plan has orientated a trail along the Bridger Drive frontage that provides accessibility via a 12-food wide path to the approximate location of a planned sewer line manhole. 10. Sewer mains and manholes that will be abandoned shall be abandoned per Water and Sewer Department Requirements. Sewer services are noted in the master plan as abandoned in place and will be done so according to Water and Sewer Department requirements. 11. An existing 18-inch water transmission main is located in the southern portion of the property. Access shall be maintained to all water main valves, and general maintenance access to the main shall be considered with the park design. 238 346 An access road will be provided along the existing access road running from East Griffin Drive to the homestead site. This alignment will be maintained for emergency access. It will visually look like a trail, but have reinforced edges for driving. Beyond this point, park design will allow the same level of vehicular access to these utilities as is provided today. 12. The applicant is advised that regulatory floodplains and floodways exist for Bozeman Creek and the East Gallatin River. City floodplain regulations are codified in BMC Chapter 38.31 and must be complied with as the park is designed, built, and ultimately occupied for public use. The applicant is further advised that federal and state floodplain rules must be adhered to as well. These rules are respectively found in ARM 36.15 and CFR Title 44, Chapter 1, Subchapter B, Part 60. Floodplain regulations will be followed and are under detailed study by the team at this time. See Appendix A – Floodplain Impacts. 13. With the informal materials provided it appears that a multitude of uses and improvements are proposed to occur within floodplain and floodway areas. To ensure compliance with the applicable regulations, the applicant is requested to provide an exhibit with the Master Park Plan application that clearly delineates the boundary of the 100-year floodplain where the base elevation intersects the existing ground surface. The exhibit must also depict the regulatory floodway extents in their exact location by utilizing digital GIS shapefile information available from the City Floodplain Administrator. A tabulation of uses and improvements proposed within the respective floodplain and floodway areas must be provided with the Master Park Plan. This information will be utilized to identify the proper course of action for the floodplain permitting process. Ecological restoration work on the site preceded the Story Mill Park design phase and was recently completed in May 2016. Those restoration activities required floodplain permitting through the City of Bozeman. An encroachment review, including an engineering no-rise analysis, was prepared to support that permit. A combination of effective FEMA flood hazard information, more detailed information prepared for the ecological restoration phase, and the preliminary Bozeman Creek Flood Study led by Montana Department of Natural Resources and Conservation were synthesized into what the design team considers “Best Available Flood Hazard Data”. This data is what is shown on Master Plan exhibits. From the ecological restoration no-rise analysis, the proposed conditions modeling (now constructed) for East Gallatin River is considered more detailed than the effective FEMA study. For that reason, RESPEC proposes that information be utilized as the existing conditions from which to base floodplain and floodway impacts from future Story Mill Park improvements. This information for East Gallatin River extends from the confluence with Bozeman Creek upstream to FEMA effective cross section CG. The effective FEMA flood hazard information was used downstream of the confluence with Bozeman Creek to Bridger Drive. LiDAR was collected in 2013 and was used to re-delineate that floodplain and floodway boundary using the regulatory water surface elevations for each cross section, to provide a boundary more accurate than what is shown on the Flood Insurance Rate Map (FIRM). For Bozeman Creek, the Preliminary Bozeman Creek Flood Restudy, led by Montana Department of Natural Resources and Conservation, was used as Best Available Flood Hazard Data. Since that study began prior to construction of the Bozeman Creek Backwater Slough, the base flood elevations from that study were re-delineated to the design surface. The sources of Best Available Flood Hazard Data that are displayed on Story Mill Park Master Plan exhibits are shown on the enclosed exhibit. As shown on the Master Plan exhibits, multiple uses and improvements are proposed within the floodplain and floodway. The uses and improvements located within the Best Available Flood Hazard Data (floodplain and floodway) have been tabulated. Also provided in that table are the sources of the Best Available Flood Hazard Data, a description of each use and improvement, and a recommended course of action to assess impacts to base flood elevations and floodway encroachments. See Appendix A – Floodplain Impacts. 14. For advisory purposes, the applicant should be aware that a floodplain permit will be required prior to Final Site Plan approval for the phase in which work in the floodplain is proposed to occur. An approved floodplain permit is not required to be in place with the Master Park Plan approval. However, the outcome of the floodplain permitting process may affect the Master Park Plan and call for future amendment to the master plan. The applicant is further advised that encroachments into the regulatory floodway must proceed through a detailed engineering analysis performed by a qualified hydraulic engineer to show that the encroachment causes ‘no-rise’ in the base flood elevation. In the event the floodway encroachment does create a rise in the base flood elevation then FEMA must approve a Conditional Letter of Map Revision (CLOMR) prior to floodplain permit approval by the City Floodplain Administrator. A CLOMR can take 6 months to 1 239 347 year for FEMA to approve depending upon the nature and complexity of the application. Furthermore, any changes to the extents of the regulatory floodway must be approved by FEMA through the Letter of Map Revision (LOMR) process. The LOMR must be submitted within 6 months after completing work within the floodway that caused changes to the floodway extents. ------------------------------------------------------------------------------------------------------------------------------ The following responses are to clarify the informal review comments provided by Allyson Brekke, Associate Planner on February 26, 2016: Future Application Requirements • Based on the information presented in the informal application materials, it appears a Master Site Plan (MSP) application would be required for the proposed park development. It is recommended that the MSP includes a phasing plan and that a phase 1 Site Plan (SP) application be submitted jointly with the MSP. When preparing proposed phases, keep in mind that grading of sites disturbing more than one-half acre, or movement of more than 100 cubic yards of material, triggers site plan development. Development applications and fee information can be found here: http://www.bozeman.net/ Departments-(1)/Community-Develop/Applications-and-Brochures) • The City Commission must consider the Master Site Plan (subsequent SP would not need to go to Commission). • If a variance(s) required, they would need City Commission action, so it might be wise to have the variances a part of the MSP application so that there is only a need to go to Commission once. • A comprehensive wayfinding signage plan must be submitted with the MSP application. • The Master Park Plan (MPP) will follow the MSP/SP process and be the document that adopts the results of the MSP, and deal with operation and maintenance issues associated with park. A signage plan is included within this MSP application. A variance will be included with the Site Plan Submission or when the City determines it necessary. Park Frontage: • 100% frontage for the park as proposed is not possible and will not necessitate a zoning variance. Make sure the MSP application materials state why the property is unique and unusual to prevent the frontage requirement (history of ownership and development of site, existing conditions such as creek location and existing trail location, etc). The history of parcel aggregation and ownership for Story Mill Community Park has resulted in an odd shaped parcel of land. Story Mill Community Park is fronted by Bridger Drive on the north (1,500 linear feet of frontage), on the south and west by East Griffin Drive (1,695 linear feet of frontage), and Story Mill Road to the east (1,615 linear feet of frontage). The Story Mill Spur Trail in the South Parcel bisects the property for 1,576 linear feet and provides direct pedestrian and bicycle access. The other sides of the property that are not directly fronting on streets are encumbered by the East Gallatin River and Bozeman Creek, wetlands, changes in topography, and adjacent land ownership. Therefore, no new streets are planned to access the site. The entire property is planned with perimeter trails to move bicyclists and pedestrians throughout the property. All parking for the park will be in the form of off-street parking. Parking requirements for park: • Staff would anticipate documentation of the resources used when determining an adequate parking demand for the proposed community park uses to be included within the formal application. LSC Consulting Engineers prepared a parking analysis in order to help with the sizing of the project’s parking lots. See Appendix D – Parking Generation. The parking demand analysis indicates that through the course of the analysis design day, the peak parking demand would be 74 spaces for the entire proposed park. The peak demand would occur during the 4:00 PM hour. The peak parking demand for the community center is estimated to be 37 parking spaces. This peak demand would occur during the 6:00-7:00 PM hours. The peak parking demand for the main park area would be 54 parking spaces and it would occur at about 4:00 PM. About 5 to 10 parking spaces are recommended to be provided at the dog park lot, in order to accommodate the dog park use as well as the other park-related uses in the vicinity of the dog park. In addition, adequate curb space will be needed for drop-off and pick-up activity at the Community Center. Considering the expected number of participants, the overlap of start/stop times and typical length of duration for drop-off and pick-up activity, curb space for up to four vehicles at a time (approximately 100 feet) is recommended. The parking analysis does not include parking for special events, which will depend on size and scheduling. 240 348 Dog Park • Any City owned dog park needs to be codified when proposed- recommended to discuss further with the City Attorney’s office. A dog park is planned to be included in Story Mill Community Park, and the Parks Department will update the list of off-leash dog parks per city ordinance and provide appropriate signage. Sustainability • Appears to be an opportunity to explore solar options for the property. The project team has been exploring energy efficiency and water wise technologies to improve the overall footprint of the project. Solar Powered lighting systems are the most likely solar technology to be implemented. A solar power irrigation pumping system was explored and determined to be not practical. There is a large cost associated with this, and the ability of the system to pump water at irrigation times and in the quantities required will prohibit solar powered pumps. A solar powered irrigation controller is available, but again may not be feasible due to greater costs. Solar for irrigation would require a substantial amount of arrays. Signage • Plan to include signage explaining requirements for dog leashes for enforcement purposes. • Consider friendly/easy-to-understand signage for emergency contacts. • A comprehensive wayfinding signage plan for the property should be developed, and should include the items included in Section 38.28.070 of the Unified Development Code. A signage plan is included with this master plan submission. It indicates types and locations of wayfinding and signage elements. A comprehensive sign family is being developed and will be submitted along with the Site Plan. Lighting • Consider the level of security lighting on the property - LED lighting can be a low percentage at all times with motion sensors to increase the percentage for safety purposes. LED Light fixtures provide a great opportunity to adjust the light levels throughout the night to keep visitors safe while managing the amount of energy used. Using motion sensors in outdoor application can be beneficial to detect occupancy and adjust light levels accordingly. Motion sensors work well when they are working as designed. Within Montana’s climate, the motion sensors will endure all types of weather and are vulnerable to failing early. We would recommend an option that most LED lights may be provided with a feature called a Dimming Profile. The Dimming Profile has a Mid-Point which is designed to be set at midnight. The light will provide 100% output until 2 hours before the midpoint where it will drop to 50% output. The light will remain at 50% output until 6 hours after the midpoint. Generally, 10pm to 6am the light fixtures will run at 50%. Uniformity is a large portion of designing site lighting and minimizes the contrast and essentially the shadows where a threat may hide. When the light fixtures are all operating at either 100% or 50% in unison the dimming maintains the uniformity of the site lighting design while minimizing the energy used during ‘off’ hours. Landscaping • Please reference the January 20, 2016 memorandum from the Development Review Engineer, Shawn Kohtz, in regards to wells used for irrigation purposes. • Please reference the January 16, 2016 memorandum from the City’s Water Conservation Specialist, Lain Leoniak in regards to recommended water conservation efforts for the park’s landscaping. • Be aware that boulevard trees are required even if bioswales are proposed. Boulevard trees are included in Master Plan submission along East Griffin Drive, but the applicant would like to request that the City consider waiving this requirement along East Griffin Drive due to the abundance of natural vegetation along the river corridor that is wished to be preserved. The park design will plant the same number or more trees within the park to establish canopy cover and create a park aesthetic. Emergency Access • EMT does not respond on bicycles, so the park design should take into consideration access points to the site for emergency vehicles. • Please follow up with Greg Megaard, Deputy Chief of Fire Operations, and Rich McLane, Deputy Chief of Police, about a meeting on site to better discuss and review the needs of emergency access to the site – they can be reached at gmegaard@ bozeman.net and rmclane@bozeman.net. • Consider the level of security lighting on the property - LED lighting can be a low percentage at all times with motion sensors to increase the percentage for safety purposes. 241 349 An access road will be provided along the existing access road running from East Griffin Drive to the homestead site. This alignment will be maintained for emergency access. It will visually look like a trail, but have reinforced edges for driving. Transportation/Access/Woonerf/Intersection Improvements • Please reference the January 20, 2016 memorandum from the Development Review Engineer, Shawn Kohtz, in regards to transportation impact study requirements, phasing of transportation improvements, transportation access routes and adjacent intersection improvements. Utilities (Stormwater, W/S) • Please reference the January 20, 2016 memorandum from the Development Review Engineer, Shawn Kohtz, in regards to utility service lines (including stormwater and w/s requirements). • Follow up with Northwestern Energy about the potential need to relocate an existing gas line on the property that is in close proximity to the restroom that are proposed – contact Dustin Workman at Northwestern Energy at dustin.workman@ northwestern.com. Modification/Demolition to buildings included in Northern Pacific/Story Mill Historic District: • The Northern Pacific/Story Mill Historic District is partially within the Neighborhood Conservation Overlay District. Therefore, all proposed demolition to buildings within the historic district must abide by Section 38.16.080 – Demolition or movement of structures or sites within the conservation district. Several historic resources are known to exist within the park boundary, including a group of buildings and features from the middle third of the 20th century that once housed the Vollmer & Sons meat packing plant. The surviving features at the packing plant are listed as contributing resources in the National Register-listed Northern Pacific/Story Mill Historic District. Nearby, there is a timber-pile railroad trestle dating from the 1910s. The trestle is located outside the historic district boundary, and has not been assessed for National Register eligibility. Since the historic assessment of the Vollmer complex occurred over 20 years ago, work is now underway to prepare an updated assessment of these resources. This work will produce cultural resource site forms that include historic information, brief feature descriptions, and a current baseline evaluation of the National Register eligibility of each feature. This material will provide background information for planning and interpretive purposes, and will be needed in the event that the removal of any of these features is found necessary. If the park development process ultimately calls for the removal of historic features within the Northern Pacific/ Story Mill Historic District, we will request a Certificate of Appropriateness (COA) from the City of Bozeman prior to undertaking the removal. The COA application, governed by Section 83.16.080 of city codes, will document the need for the demolition and the unsuitability of the buildings for reuse, and will include a plan to mitigate the removal of the historic features. 242 350 Appendices Appendix A - Floodplain Impacts Appendix B - Irrigation Water Needs Appendix C - Traffic Impact Analysis Appendix D - Parking Generation 243 351 Appendix A - Floodplain Impacts 244 352 Enclosure 1. Sources of Best Available Flood Hazard Data shown on Story Mill Park Master Plan Exhibits. 245 353 Enclosure 2Tabulation of Story Mill Park Uses and Improvements Impacts to Floodplains and Floodways on East Gallatin River and Bozeman CreekDate: 6/17/2016By: Matt Johnson, PE, CFMID Name Flooding SourceBest Available Data DescriptionRecommendation1 Bridger Drive Connector Trail East Gallatin River Floodway FEMAThe at‐grade trail follows a berm along the riverbank until a trail prism will be cut into the Bridger Drive embankment. No modeling for at‐grade trails: the proposed modification will not impact the hydraulic calculation in the one‐dimensional modeling platform. 1.1 Bridger Drive Connector Trails East Gallatin River Floodway FEMATwo trails near approach to Boys and Girls Club will likely be elevated to connect to Bridger Drive sidewalk. Elevated trails for accessibility require modeling since filling in floodway. 2 East Gallatin River Trail East Gallatin River Floodway FEMA The at‐grade trail follows a berm along the riverbank.  No modeling, the proposed modification grade will be same as existing condition. 3 Accessible Fishing Platform East Gallatin River Floodway FEMASlightly elevated accessible fishing platform along stream edge at end of at‐grade trail leading from East Gallatin River Trail along berm. Modeling of existing and proposed required if platform, recommend breakaway railing for design.4 Labyrinth East Gallatin River Floodway FEMA Maze‐like shrub plantings Likely no modeling required if no grade changes proposed.5Elevated Trail and North Floodplain Regrading East Gallatin River Floodway RESPECEdge of floodplain may be regraded to a gentler slope between power poles, may extend east of east power pole. Modeling required because grading below BFE is likely6 Pedestrian Beach East Gallatin River Floodway RESPEC Pedestrian beach area along East Gallatin River between active channel and restored floodplain. Grading changes along the floodway will require modeling.7 Accessible River Access Platform East Gallatin River Floodway RESPECAccessible platform along stream edge at end of at‐grade trail leading from East Gallatin River Trail along berm. Modeling of existing and proposed required if platform, recommend breakaway railing for design.8 East Griffin Bridge Railing East Gallatin River Floodway RESPEC New railing added to East Griffin Bridge No modeling required. Top chord of bridge not controlling backwater height, overflows South Parcel driveway.9 Pedestrian Bridge East Gallatin River Floodway RESPEC New pedestrian bridge across East Gallatin River. Bridge approach requires fill in floodway. Modeling required due to fill in floodway.10 South Parcel Trails East Gallatin River Floodway RESPEC At‐grade trails and driveway intermittently intersect floodplain boundary. No modeling, the proposed modification grade will be same as existing condition. 10.1 South Parcel Trails East Gallatin River Floodway RESPECTrails likely requiring localized fill through low spots in floodplain boundary. Trail crossing former RR embankment may require drainage culvert. No modeling, the proposed fill is an area of non‐conveyance (backwater).11 Slaughterhouse Bridge Removal East Gallatin River Floodway RESPEC Demolition of the Slaughterhouse Bridge on Triangle Parcel.Modeling required due to existence of bridge in model. Recommend continue restored floodplains from upstream.12 Pedestrian Access East Gallatin River Floodway RESPEC Non‐accessible pedestrian access between Story Mill Spur Trail and Slaughterhouse Bridge Modeling likely required due to cut into bank within floodway. 13 Pedestrian Bridge East Gallatin River Floodway RESPEC New pedestrian bridge across East Gallatin River. Bridge spans floodway. Modeling not required if low chord elev > BFE and abutments and footings will not change bank dimensions and outside floodplain. 14 Triangle Parcel Trail East Gallatin River Floodway RESPEC New trail along existing historic railroad bridge. No modeling since backwater and trail elevated on existing bridge. 15 Slough Bird Blind Bozeman Creek DNRC Bird blind construction at end of trail along perimeter of Bozeman Creek Backwater Slough No modeling required since backwater area, limited fill will not impact BFE.  246354 Appendix B - Irrigation Water Needs 247 355 APRIL MAY JUNE JULY AUGUST SEPTEMBER PRECIPATION 30 YEAR  AVERAGE 1.77 2.8 2.8 1.42 1.22 1.26 ET 3.625 4.35 6.2 7.25 7.25 6.2 ADJUSTED IRRIGATION  REQUIRMENTS 1.855 1.55 3.4 5.83 6.03 4.94 PLANT COMMUNITY ACRES SQ FT APRIL MAY JUNE JULY AUGUST SEPTEMBER TURF IRRIGATION Kentucky Bluegrass 1.3 56,550 65,353 54,608 119,784 205,395 212,441 174,039 HIGH INTENSIVE IRRIGATION Fescue 2.62 113,970 131,711 110,055 241,411 413,949 428,150 350,756 MEDIUM INTENSIVE IRRIGATION Woodland, Drier Grassland 3.58 155,730 179,972 150,381 329,867 565,625 585,029 479,278 LOW INTENSIVE IRRIGATION Riparian Woodland/Shrubland, Mesic Grassland 3.71 161,385 186,507 155,841 341,846 586,165 606,273 496,682 SUPPLEMENTAL IRRIGATION Bioswales, Low Laying Native Area 0.72 31,320 36,195 30,244 66,342 113,757 117,660 96,391 DRIP ORNAMENTAL PERENNIAL SHRUBS Ornamental 0.25 10,875 12,568 10,501 23,035 39,499 40,854 33,469 PERMANENT  TREE DRIP IRRIGATION 210 12,600 12,600 12,600 12,600 12,600 12,600 TEMPORARY TREE IRRIGATION 205 12,300 12,300 12,300 12,300 12,300 12,300 0.7 APPLICATION EFFICENCY TOTAL GALLONS REQUIRED 446,044 375,571 803,030 1,364,503 1,410,715 1,158,861 TOTAL GALLONS 5,558,724 ACRE FEET 1.37 1.15 2.46 4.19 4.33 3.56 TOTAL ACRE FEET 17.0591 35 RUN HOURS W/ONE WELL 212.4 178.8 382.4 649.8 671.8 551.8 70 RUN HOURS W/TWO WELLS 106.2 89.4 191.2 324.9 335.9 275.9 105 RUN HOURS W/THREE WELLS 70.8 59.6 127.5 216.6 223.9 183.9 140 RUN HOURS W/ FOUR WELLS 53.1 44.7 95.6 162.4 167.9 138.0 IRRIGATION REQUIREMENT PER MONTH IN GALLONS 248 356 Appendix C - Traffic Impact Analysis 249 357 LSC Transportation Consultants, Inc. Prepared by Story Mill Community Park Traffic Impact Study Prepared for Design Workshop, Inc. 250 358 STORY MILL COMMUNITY PARK TRAFFIC IMPACT STUDY Prepared for Design Workshop, Inc. 120 East Main Street Aspen, Colorado 81611 970 • 920-4005 Prepared by LSC Transportation Consultants, Inc. 2690 Lake Forest Road, Suite C P.O. Box 5875 Tahoe City, California 96145 530 • 583-4053 June 10, 2016 LSC #167090 251 359 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page i TABLE OF CONTENTS SECTION PAGE 1 INTRODUCTION ...............................................................................................................1 Project Description .........................................................................................................1 Scope of Study ...............................................................................................................2 2 EXISTING CONDITIONS ..................................................................................................3 Roadway Characteristics ................................................................................................3 Existing (2016) Traffic Volumes ...................................................................................5 3 PROPOSED CONDITIONS ................................................................................................9 Project Description .........................................................................................................9 Trip Generation, Distribution, and Assignment .............................................................9 4 LEVEL OF SERVICE .......................................................................................................19 Description ...................................................................................................................19 Level of Service Standards ..........................................................................................19 Analysis Methodology .................................................................................................20 Level of Service Analysis ............................................................................................20 5 TRAFFIC IMPACTS, RECOMMENDATIONS AND CONCLUSIONS .......................23 Impact on Traffic Volumes ..........................................................................................23 Intersection LOS Impacts ............................................................................................24 Signal Warrant Analysis ..............................................................................................25 Roadway LOS Impacts ................................................................................................25 Analysis of the Need for New Turn Lanes ..................................................................25 Recommendations ........................................................................................................27 Conclusions ..................................................................................................................28 APPENDIX A: TRAFFIC COUNTS APPENDIX B: LEVEL OF SERVICE DESCRIPTIONS APPENDIX C: INTERSECTION LOS REPORTS APPENDIX D: ROADWAY LOS CRITERIA APPENDIX E: TURN LANE WARRANT CRITERIA LIST OF TABLES TABLE PAGE 1 Story Mill Park Trip Generation ....................................................................................... 10 2 Story Mill Park Trip Distribution ......................................................................................13 3 Story Mill Park TIA – Intersection LOS............................................................................20 252 360 LSC Transportation Consultants, Inc. Story Mill Park Page ii Traffic Impact Study 4 Story Mill Park – Roadway LOS .......................................................................................22 5 Story Mill Park – Traffic Volume Impacts ........................................................................23 6 Story Mill Park – Year 2018 PM Peak-Hour Intersection Traffic Volumes .....................26 LIST OF FIGURES FIGURE PAGE 1 Story Mill Park Site Location, Lane Configuration and Intersection Controls .................. 4 2 Story Mill Park AM and PM Peak Hour Existing No Project Volumes ..............................6 3 Existing Daily Traffic Volumes ...........................................................................................8 4 Story Mill Park Project Generation AM and PM Peak Hour Traffic Volumes .................14 5 Project Generated Daily Traffic Volumes .........................................................................15 6 AM and PM Peak Hour Traffic Volumes with Story Mill Park ........................................16 7 Existing Daily Traffic Volumes with Story Mill Park .......................................................17 253 361 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 1 Chapter 1 INTRODUCTION The purpose of this traffic engineering study is to determine the impacts of the traffic generated by this proposed development on the surrounding roadway infrastructure. This study will determine if mitigation is required to keep the roadways operating safely and at capacity levels acceptable under the current code. This report is based on local ordinances, and provides a complete analysis of the intersections identified for analysis. The existing and existing plus project traffic conditions are analyzed and discussed in detail in the subsequent sections. This report examines the full build-out of the site-generated traffic volumes, as well as the operational analyses of study intersections located within the study area. This report documents the findings and conclusions of a Traffic Impact Study (TIS) conducted for a proposed site plan for property located in the City of Bozeman, Montana. PROJECT DESCRIPTION The project proposes a new community park located south of and adjacent to Bridger Drive (State Route 86) in Bozeman, Montana. The park is proposed to be approximately 60.24 acres in area and is proposed to contain the following amenities: • Community Center (11,760 square feet) • Teaching Garden/Food Forest • Trails • Event Lawn • Amphitheater • Picnic Pavilion • River Access • Playground • Nature Walk • Fishing Access • Dog Park (0.5 acre) Access to the project site is proposed to be provided via two driveways along Bridger Drive and one driveway on Story Mill Road. Specifically, the western driveway forming the south leg of the Bridger Drive/Bridger Center Drive intersection would provide access to the proposed Community Center and park. This driveway currently provides access to the Boys & Girls Club. In addition, a new driveway forming the south leg of the Bridger Drive/Birdie Drive intersection would provide access to the park. The existing driveway located on the south side of Bridger Drive between Bridger Center Drive and Birdie Drive, which served the previous mobile home development, would be removed as a part of the project. Additionally, a driveway located on Story Mill Road (“L” Street) immediately south of the Story Mill Road/Story Mill Spur/L Street intersection would provide access to the proposed dog park, fishing access, and trails. Finally, the project proposes to construct improvements along East Griffin Drive in order to enhance conditions for non-auto travel modes (such as bicyclists and pedestrians). 254 362 LSC Transportation Consultants, Inc. Story Mill Park Page 2 Traffic Impact Study SCOPE OF STUDY This traffic engineering study documents the existing and proposed conditions, traffic data, and Level of Service in accordance with the requirements of the City ordinances. The scope of the study was defined by LSC Transportation Consultants and the “TIS Preparation Guidelines” provided in the Greater Bozeman Area Transportation Plan (Section 10.5). The following intersections were identified for analysis: 1. Bridger Drive/Griffin Drive/Rouse Avenue 2. Bridger Drive/Bridger Center Drive/Site Access 3. Bridger Drive/Birdie Drive 4. Bridger Drive/Story Mill Road 5. Story Mill Road/Griffin Drive In addition, the following roadways were identified for analysis: • Rouse Avenue, South of Griffin Drive • Bridger Drive, Between Griffin Drive and Bridger Center Drive • Bridger Drive, Between Bridger Center Drive and Birdie Drive • Bridger Drive, Between Birdie Drive and Story Mill Road • Bridger Drive, East of Story Mill Road • Griffin Drive, West of Rouse Avenue/Bridger Drive • Story Mill Road, North of Bridger Drive • Story Mill Road, South of Bridger Drive The results of this traffic study are used to develop recommendations to mitigate project traffic impacts. This analysis considers two scenarios: 1. Existing (2016) No Project 2. Existing (2016) Plus Project This TIS is prepared for submission to the City. Traffic related issues addressed in this report are consistent with the requirements of the City’s Code of Ordinances Section 38.41.060. The issues are as follows: 1. Existing traffic conditions 2. Site generated traffic volumes and their distribution and assignment 3. Level of Service analysis with and without the project 4. Recommendations for mitigation of traffic impacts 5. Peak-hour signal warrant conditions 255 363 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 3 Chapter 2 EXISTING CONDITIONS The existing infrastructure and operational traffic conditions in the vicinity of the site were documented. The following discussion presents information regarding the project site, turn volumes, and traffic conditions in the study area. Figure 1 displays the existing roadway lane configurations and traffic controls. ROADWAY CHARACTERISTICS The roadways in the vicinity of the site area are State Route (SR) 86 (Rouse Avenue-Bridger Drive), Story Mill Road, Birdie Drive, Bridger Center Drive, East Griffin Drive, Story Mill Spur, and Rouse Avenue. The pertinent information regarding these roadways is described below. SR 86 (Rouse Avenue-Bridger Drive) provides access from downtown Bozeman through the Bridger Canyon to the northeast of the City of Bozeman. Rouse Avenue runs in a north-south direction from downtown Bozeman to north of Interstate 90. Rouse Avenue has a two-lane cross-section through the study area. There is a left-turn lane at the signalized intersection with Griffin Drive, but no other turn lanes are provided. There is a grade separation at Interstate 90 at Rouse Avenue, but there is no direct access to the freeway. The posted speed limit on Rouse Avenue north of Interstate 90 is 35 mph. At the intersection with East Griffin Drive, Rouse Avenue continues to the north as Bridger Drive. Bridger Drive continues to the east and assumes an east-west alignment through the study area. Bridger Drive continues a two-lane cross section through the study area. There are currently no turn pockets provided at intersections. The posted Speed limit on Bridger Drive is 35 mph. East of Story Mill Road, the speed limit increases to 45 mph. SR 86 is classified as an urban minor arterial by the Montana Department of Transportation (MDT). The City of Bozeman classifies SR 86 as an urban principal arterial. Griffin Drive runs in an east-west alignment between Story Mill Road and North 7th Avenue. West of SR 86, Griffin Drive is classified as an urban minor arterial by the Montana Department of Transportation and as an urban principle arterial by the City of Bozeman. West of SR 86, Griffin Drive has a two-lane cross section with a right-turn lane provided at the signalized intersection with SR 86. The posted speed limit west of SR 86 is 35 mph. East of SR 86, Griffin Drive is considered a local roadway and has a posted speed limit of 25 mph. This section of Griffin Drive has a narrow cross section and traverses two bridges. This portion of Griffin Drive traverses the study area. Part of East Griffin Drive is proposed to be improved in order to better accommodate non-auto modes, such as bicyclists and pedestrians as part of the proposed Story Mill Park project. Story Mill Road is classified as an urban collector by the Montana Department of Transportation and as an urban major collector by the City of Bozeman. Story Mill Road runs in a north-south direction and has a two-lane cross section. North of SR 86, Story Mill Road provides access to residential and rural areas. The posted speed limit on Story Mill Road north of SR 86 is 35 mph. South of SR 86, Story Mill Road connects with L Street, which provides a second grade separation under I-90 on the northeast side of Bozeman connecting to downtown. The posted speed limit on Story Mill Road south of SR 86 is 25 mph. The intersection of Story 256 364 LSC Transportation Consultants, Inc. Story Mill Park Page 4 Traffic Impact Study SITEBozeman§¨¦90£¤191£¤10UV86rSite01.530.75MilesIFigure 1:Story Mill Park Site Location, Lane Configuration and Intersection Controls4Bridger Dr./Story Mill Rd.1Rouse Ave/Bridger Dr./Griffin Dr.GriffinDr.2Bridger Dr./Bridger Center Dr./Site Access3Bridger Dr./Birdie Dr.5Story Mill Rd./Griffin Dr.23451èéRouse Ave.Site AccessBridger Center Dr.868686Story MillRd.86BridgerDr.Story Mill Rd.GriffinDr.IService Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityBridger Dr.éèBridger Dr.Stop SignTraffic SignalLane ConfigurationLEGENDSite AccessBirdie Dr.ProposedDog Park257 365 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 5 Mill Road at SR 86 is stop-controlled for both of the Story Mill Road intersection approaches and free for traffic on SR 86. Bridger Center Drive is a short local roadway that extends to the north of SR 86. Bridger Center Drive provides access to industrial park land uses. The Bridger Center Drive approach to the SR 86 is stop-controlled. The south leg of this intersection, which currently provides access to the Boy and Girls Club, would provide access to the proposed project site. Birdie Drive is a local roadway that provides access to residential neighborhoods north of SR 86. There are commercial park type land uses located in the vicinity of the intersection of SR 86/Birdie Drive. The posted speed limit on Birdie Drive is 25 mph. The Birdie Drive approach to the intersection with SR 86 is stop-controlled. A proposed park driveway would form the fourth leg (south leg) of this intersection. Figure 1 shows the project area, study intersections, lane configuration, and intersection controls. EXISTING (2016) TRAFFIC VOLUMES Existing traffic volume data is the basis for the analysis of the capacity and safety of the roadways. Intersection traffic volumes are estimated for the AM and PM peak hours, and daily traffic volumes are estimated for the study roadway segments. Intersection Traffic Volumes Intersection turning-movement counts were conducted at the Bridger Drive/Rouse Avenue/ Griffin Drive and Bridger Drive/Story Mill Road intersections on Tuesday, October 20, 2015 by Robert Peccia and Associates as a part of the update to the City of Bozeman Transportation Plan. The Bridger Drive/Bridger Center Drive/Site Access and Bridger Drive/Birdie Drive intersections were counted on Tuesday, April 12, 2016, and the Story Mill Road/East Griffin Drive intersection was counted on Wednesday, April 13, 2016 by Stahly Engineering & Associates, Inc as a part of this project. As per the City of Bozeman Transportation Plan, all intersection counts were counted on a regular weekday (Tuesday, Wednesday, or Thursday) during a non-holiday week from 7:00 AM – 9:00 AM and 4:00 PM – 6:00 PM. The count data is contained in Appendix A. MDT provides adjustment factors in order to annualize the traffic counts. These adjustment factors are applied to the count data according to roadway classification, month of the count, and day of week of the count. The resulting AM and PM peak hour intersection turning-movement design volumes are shown in Figure 2. Roadway Segment Traffic Volumes Roadway Annual Average Daily Traffic (AADT) volumes are provided by MDT. The most recent AADT volumes are from 2014 and are available for the following roadway segments: • Rouse Avenue, South of Griffin Drive • Bridger Drive, Between Griffin Drive and Bridger Center Drive • Griffin Drive, West of Rouse Avenue/Bridger Drive • Story Mill Road, South of Bridger Drive 258 366 LSC Transportation Consultants, Inc. Story Mill Park Page 6 Traffic Impact Study 4Bridger Dr./Story Mill Rd.1Rouse Ave/Bridger Dr./Griffin Dr.GriffinDr.2Bridger Dr./Bridger Center Dr./Site AccessBridgerDr.3Bridger Dr./Birdie Dr.5Story Mill Rd./Griffin Dr.23451Rouse Ave.Site AccessBridger Center Dr.868686BridgerDr.Story MillRd.86BridgerDr.Story Mill Rd.GriffinDr.Service Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityBirdieDr.I00.250.5 seliM521.0139EEE EEE EEEEE E1805571122412113851750EEE EEE EEE0013271160194327608EEE EEE EEEEE E151441194344110583164584891548EE3052 13221251EE EEEE EEEE (163)(328)(373)(1)(2)(0)(7)(192)(9)(159)(173)(1)(234)(1)(9)(8)(9)(4)(474)(10)(28)(0)(16)(13)(42)(3)(29)(0)(342)EE E(437)(5)(4)(231)(18)(44)(11)(33)(150)(99)(21)(10)(16)(274)(7)(3)(54)(77)(10)E148(77)Turning MovementAM Traffic VolumesPM Traffic VolumesLEGENDFigure 2Story Mill Park AM and PM Peak Hour Existing No Project Volumes259 367 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 7 AADT for the remaining roadway segments is estimated by applying a daily-to-peak hour factor to the two-way peak-hour volumes. This factor is estimated based on the ratio of AADT to the peak-hour volume on known segments. This ratio is then multiplied by the peak-hour volume on the other roadway segments to estimate the AADT on those segments. The resulting roadway segment design volumes are shown in Figure 3. 260 368 LSC Transportation Consultants, Inc. Story Mill Park Page 8 Traffic Impact Study Figure 3:Existing Daily Traffic VolumesService Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityI00.150.3 seliM570.011,2608,1407,9907,1005,230,01,6407509180,261 369 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 9 Chapter 3 PROPOSED CONDITIONS The proposed development will add traffic to the roadway system. The project location and the size of the project are important elements that need to be considered to determine the impacts of this development on safety and capacity. It is also important to examine how the project will operate with the existing transportation system, estimate how much new traffic will be generated, and predict where traffic generated by the site will be distributed. PROJECT DESCRIPTION The proposed community park is approximately 60.24 acres in area and is proposed to contain the following amenities: • Community Center (11,760 square feet) • Teaching Garden/Food Forest • Trails • Event Lawn • Amphitheater • Picnic Pavilion • River Access • Playground • Nature Walk • Fishing Access • Dog Park (0.5 acre) For purposes of this analysis, the project is assumed to be 100% complete under ‘existing plus project’ conditions. The project proponent indicates that special events (lawn events and amphitheater events) and event traffic would be limited to late evenings and weekends. Note that there is an existing Boys and Girls Club at the location of the proposed community center. In order to remain conservative in this analysis, no credit is applied for existing site-generated traffic. TRIP GENERATION, DISTRIBUTION, AND ASSIGNMENT Trip Generation The first step in the analysis of future traffic impacts is to prepare an estimate of the number of trips generated by the proposed project. Trip generation is the evaluation of the number of vehicle-trips that will either have an origin or destination at the project site. Daily vehicle trips and peak-hour vehicle trips must be determined in order to analyze the potential impacts from the proposed project development. A summary of trip generation for the proposed project is presented in Table 1. 262 370 LSC Transportation Consultants, Inc. Story Mill Park Page 10 Traffic Impact Study TABLE 1: Story Mill Park Trip GenerationTrip Generation Rates Project Generated Vehicle Trips at Site AccessITEAM Peak Hour PM Peak Hour Non-AutoAM Peak Hour PM Peak HourDescriptionITE Land Use CodeQuantity UnitDailyIn O ut Total In O ut TotalReduction DailyIn Ou t Total In Out TotalDesign Day Trip GenerationCommunity Park 1Regional Park 41760.24 Acres 4.570.090.060.150.110.150.265% 262 5497815Community Center 2N/AN/A 11.76 KSF -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - Community Center Staff 3,4N/AN/A 12 Employees 2.40 0.90 0.00 0.90 0.00 0.90 0.90 10% 26 10 0 10 0 10 10 - Preschool 5N/A N/A 20Participants1.800.180.000.180.000.000.000% 36 404000 - Day Camps 6N/AN/A 12 Participants 3.60 0.68 0.68 1.35 0.68 0.68 1.35 0% 43 8 8 16 8 8 16 - Activities 7N/A N/A 15Participants3.600.000.000.000.090.090.180% 54 000123 - After school programs 8N/AN/A 20 Participants 2.10 0.00 0.00 0.00 0.75 0.75 1.50 0% 42 0 0 0 15 15 30 - Gym Rentals (6-8 PM) 9N/AN/A 30 Participants 2.00 0.00 0.00 0.00 0.75 0.00 0.75 0% 60 0 0 0 23 0 23 - Gym Rentals (8-10PM)N/A N/A 30Participants2.000.000.000.000.000.000.000% 60 000000 - Facility Rentals 10N/A N/A 20Participants2.000.000.000.000.000.000.000% 40 000000Subtotal Community Center361 22 8 30 47 35 82Dog Park 11N/AN/A 0.5 Acres-- -- -- -- -- -- -- --15 112112Total Design Day Trip Generation638 28 13 41 55 44 99Special Event Trip Generation 12Amphitheater 13N/A N/A 200 Seats 0.800.040.000.040.000.400.400% 160 80808080 - Event Staff 1410 Staff 2.000.250.000.250.000.500.500% 20 303055Event Lawn 13N/AN/A 300 Attendees 0.80 0.04 0.00 0.04 0.00 0.40 0.40 0% 240 12 0 12 0 120 120 - Event Staff 1415 Staff 2.000.250.000.250.000.500.500% 30 404088Total Worst-Case Additional Event Traffic (Assumes two concurrent events both ending during PM peak hour) 450 27 0 27 0 213 213NOTE: KSF = 1,000 Square FeetNote 1: Trip generation rates for the proposed Community Park are based on Trip Generation, 9th Edition (ITE, 2012).Note 2: Trip generation for the proposed community center is based on a person-trip analysis for the anticipated uses of the facility listed below.Note 3: Community Center staff are assumed to generate one entering trip during AM peak hour, one exiting trip during PM peak hour, with one third generating an additional round-trip during the day, and 20 percent car pooling.Note 4: Community Center staff is assumed to consist of 6 full-time employees and 6 part-time employees. Part-time employees are assumed to w ork a traditional 8-hour day on days that they work.Note 5: Pre-school parents are assumed to remain on-site for the duration of the program. Twenty percent of participants are assumed to carpool and ten percent are assumed to arrive during AM peak hour.Note 6: Day camp participants are assumed to be dropped-off and picked-up by their parents. Twenty percent of participants are assumed to carpool. Seventy-five percent of participants are assumed to arrive during the AM peak hour and 75 percent of participants are assumed to depart during the PM peak hour.Note 7: Activities participants are assumed to be dropped-off and picked-up by their parents. Twenty percent of participants are assumed to carpool. Ten percent of participants are assumed to depart during the PM peak hour.Note 8: The daily rate reflects that all after school program participants w ill arrive by school bus and be picked-up by parents. It is assumed that 75 percent of participants will depart during the PM peak hour.Note 9: Seventy-five percent of gym participants are assumed to arrive during the PM peak hour.Note 10: Facility rental are assumed to occur evenings after the PM peak hour. Note 11: The trip generation for the proposed Dog Park is estimated based on discussions with the project proponent and use levels anticipated by the City of Bozeman.Note 12: Special Events are assumed to not coincide with design w eekday AM and PM peak hour traffic. Special event trip generation is therefore not included in the intersection LOS analysis and is provided for information purposes.Note 13: A vehicle occupancy of 2.5 persons per vehicle is assumed for amphitheater and event lawn events. This is consistent with other traffic studies for event venues.Note 14: One event staff person is assumed for every 20 event attendees. Staff are assumed to have vehicle occupancy of 1.0.Source: LSC Transportation Consultants, Inc.Story Mill TIA.xlsx263 371 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 11 First, trip generation is evaluated for a typical busy summer day (the “design day”) without a special event. Next, the trip generation associated with special events is estimated, based on a worst-case scenario with regards to event traffic. However, for purposes of this analysis, event traffic is not included in the design volumes, as the project proponent indicates that special events (lawn events and amphitheater events) and event traffic would be limited to late evenings and weekends. Trip Generation – Typical Summer Day (Design Day) Information regarding trip generation is generally contained in the Institute of Transportation Engineers (ITE) Trip Generation Manual (9th Edition, 2012). However, the trip generation of a park varies substantially depending on the specific uses. The proposed uses in Story Mill Community Park do not fall wholly within any of the park definitions in the Manual. The trip generation analysis is presented in Table 1. As shown, the basis for the trip generation analysis of the proposed park is the “Regional Park” land use defined by ITE. The description that ITE provides for the “Regional Park” land use includes many land uses listed in the park program, such as hiking trails, river access, picnic facilities, and office space. However, the ITE description of “Regional Park” does not necessarily include the use of a free-standing community center with regular staff, activities, and events. The ITE description also does not include any mention of a dog park. Therefore, trips associated with these uses were estimated based upon the number of persons expected to use these facilities, factored to convert person-trips to vehicle trips. Community Center Trip Generation The park program lists the expected uses of the community center, and the expected number of participants for each use. These uses are shown in the table. The daily trip rate for each use assumes one round-trip, meaning two one-way trips (one entering and one exiting), for each participant. The daily trip rates also reflect increased vehicle occupancy for carpooling. For example, many uses are estimated to have a carpool rate of 20 percent. Therefore, the trip rate reflects an average vehicle occupancy rate of 1.11 persons per vehicle for uses where carpooling is expected. Additionally, trip rates for facility uses for children below driving age – such as the proposed day camp – reflect that these participants would be dropped off and picked up by an adult who would not remain at the park for the duration of the activity. Each drop-off “trip” and each pick-up “trip” actually generates two one-way trips at the site access points. This results in the potential for each participant to generate up to four one-way trips at the project access. The daily trip rate for the preschool reflects that parents will remain on site for the duration of this program and 20 percent will carpool. The daily trip rate for the after-school programs assumes that the participants will arrive at the site by bus, but will be picked up by parents. Peak-hour trip generation is based on the time-of-day schedule of activities provided by the project proponent. Uses with scheduled start or end times within the adjacent street peak AM and PM periods (7:00-9:00 AM and 4:00-6:00 PM) are estimated to have 75 percent of their participants arrive or depart during the corresponding design peak hour. Uses with a start or end time within an hour of the adjacent street AM and PM peak hours are estimated to have 10 percent of their participants generate a trip during the corresponding peak hour. 264 372 LSC Transportation Consultants, Inc. Story Mill Park Page 12 Traffic Impact Study Dog Park Trip Generation ITE does not provide standard trip generation statistics for a dog park. As the ITE land use description for “Regional Park” does not mention dog parks in the sites surveyed, the trip generation of the dog park is estimated in addition to the community park use, in order to remain conservative in this analysis. Based on discussions with the project team and the anticipated use levels at the dog park, about 15 daily one-way trips and 2 peak-hour trips in the AM and PM are expected to be generated by this use. Reductions for Non-Auto Trips The standard ITE trip rates are based on vehicle counts at driveways and as such, they reflect a typical level of non-auto travel. Considering the extensive trail system, an additional 5-percent reduction is applied to the “Regional Park” trip generation to reflect trips made to/from the proposed park via non-auto modes. It was reported that approximately 20 percent of the community center employees would bike to work. However, to remain conservative in this analysis and to account for the fact that employee housing location may change over time, a 10 percent non-auto reduction is assumed for community center employees. Also to remain conservative in this analysis, no further non-auto mode reductions are assumed for other proposed uses of the community center and the park. Total Trip Generation on Design Day As shown in Table 1, the proposed Story Mill Community Park is estimated to generate a total of approximately 638 daily one-way vehicle trips on a typical weekday without an event scheduled. The project is estimated to generate 41 vehicle trips (28 entering and 13 exiting) during the AM peak hour of the design day, and 99 vehicle trips (55 entering and 44 exiting) during the PM peak hour. The traffic operations analysis is based on these figures. Trip Generation – Special Events Trip generation for the proposed amphitheater and the proposed event lawn is estimated using a person-trip analysis based on the stated capacity of each of these proposed venues. The daily trip rate assumes one inbound and one outbound trip per seat or attendee with an average vehicle occupancy of 2.5 persons per vehicle. Peak-hour trip generation for event is dependent on the schedule and duration of the event and could vary greatly depending on the type of event. Peak- hour trip generation is estimated at 5 percent of daily trips during the AM peak hour and 50 percent of daily trips during the PM peak hour. This estimation for the PM peak hour is based on a conservative worst-case scenario in which all event attendees would depart from the site during the PM peak hour. Trip generation for both of the event venues also includes trips generated by event staff. A staffing level of one event staff per 20 event attendees is assumed, based upon average employee-to-attendee ratios for convention-type uses. Each staff member is assumed to generate one entering and one exiting trip at the site access on the day of the event. Staff are 265 373 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 13 conservatively assumed to have a vehicle occupancy rate of 1.0. Approximately 25 percent of staff are assumed to arrive during the AM peak hour and 50 percent of staff are estimated to generate an outbound trip during the PM peak hour. As shown in the lower portion of Table 1, the worst-case scenario of two concurrent special events at the proposed Story Mill Community Park would generate an additional 450 one-way daily vehicle trips, with 27 entering trips during the AM peak hour and 213 exiting trips during the PM peak hour. For purposes of the traffic operational analysis, neither of the proposed event venues are assumed to schedule an event during typical weekday commuter peak hours. As such, the special event trips are not reflected in the intersection and roadway capacity analyses. Trip Distribution and Assignment The distribution of traffic arriving and leaving the project site is identified based upon the distribution of traffic arriving and leaving the project site and is estimated based on population distribution in the City of Bozeman (as reported by the United State Census Bureau on the American Fact Finder website), regional access patterns, existing turning-movement volumes, and the location of complementary land uses within the area. The trip distribution pattern assumed for the Story Mill Park project is shown in Table 2. As shown, the majority of trips (63 percent) are expected to travel to/from Rouse Avenue to the south. The project-generated turning-movement volumes are calculated by applying the distribution to the trip generation. The Story Mill Park peak-hour project-generated intersection turning movements are provided in Figure 4 and the daily project generated traffic volumes are provided in Figure 5. The project-generated volumes are added to the existing turning-movement volumes to create the existing 2016 intersection turning-movement volumes with Story Mill Park, as displayed in Figure 6. The daily traffic volumes with Story Mill Park are displayed in Figure 7. TABLE 2: Story Mill Park Trip Distribution Origin / Destination Distribution Rouse Avenue, South of Griffin Drive 63% Griffin Drive, West of Rouse Avenue 21% Bridger Drive, East of Story Mill Road 5% Story Mill Road, North of Bridger Drive 1% Story Mill Road, South of Griffin Drive 9% Birdie Drive 1% Total 100% Source: LSC Transportation Consultants, Inc.Story Mill TIA.xlsx 266 374 LSC Transportation Consultants, Inc. Story Mill Park Page 14 Traffic Impact Study 4Bridger Dr./Story Mill Rd.1Rouse Ave/Bridger Dr./Griffin Dr.GriffinDr.2Bridger Dr./Bridger Center Dr./Site AccessBridgerDr.3Bridger Dr./Birdie Dr.5Story Mill Rd./Griffin Dr.23451Rouse Ave.Site AccessBridger Center Dr.868686Story MillRd.86BridgerDr.Story Mill Rd.GriffinDr.Service Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityBirdieDr.I00.250.5seliM521.00EEE EEE EEEEE E1700000836007EEE EEE EEE0134000004193EEE EEE EEEEE E00010000001031000EE30 0001E EEEEE EEEE (0)(34)(7)(7)(6)(0)(29)(0)(0)(12)(9)(0)(27)(0)(0)(0)(0)(40)(6)(0)(0)(0)(0)(0)(0)(0)(0)(0)(7)EE E(6)(0)(0)(2)(0)(0)(5)(0)(1)(1)(0)(0)(4)(2)(0)(0)(4)(5)(0)E148(77)Turning MovementAM Traffic VolumesPM Traffic VolumesLEGENDBridger Dr.Site AccessProposedEEEEEE 400104(7)(0)(1)(6)(1)(0)Figure 4Story Mill Park Project Generated AM and PM Peak Hour Traffic VolumesSITE267 375 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 15 Figure 5:Project Generated Daily Traffic VolumesService Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityI00.150.3 seliM570.0SITE3945282799932,0665134268 376 LSC Transportation Consultants, Inc. Story Mill Park Page 16 Traffic Impact Study 4Bridger Dr./Story Mill Rd.1Rouse Ave/Bridger Dr./Griffin Dr.GriffinDr.2Bridger Dr./Bridger Center Dr./Site AccessBridgerDr.3Bridger Dr./Birdie Dr.5Story Mill Rd./Griffin Dr.23451Rouse Ave.Site AccessBridger Center Dr.868686Story MillRd.86BridgerDr.Story Mill Rd.GriffinDr.Service Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityBirdieDr.I00.250.5 seliM521.0139EEE EEE EEEEE E1975571123212414451757EE EEEE EEE014331116019432801911EEE EEE EEEEE E151441195344110583164685192548EE3082 13221252EE EEEE EEEE (163)(362)(380)(8)(8)(0)(36)(192)(9)(171)(182)(1)(261)(1)(9)(8)(9)(44)(480)(10)(28)(0)(16)(13)(42)(3)(29)(0)(349)EE E(443)(5)(4)(233)(18)(44)(16)(33)(151)(100)(21)(10)(20)(276)(7)(3)(58)(82)(10)E148(77)Turning MovementAM Traffic VolumesPM Traffic VolumesLEGENDBridger Dr.Site AccessProposedEEEEEE 400104(7)(0)(1)(6)(1)(0)Figure 6AM and PM Peak Hour Traffic Volumes with Story Mill ParkSITE269 377 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 17 Figure 7:Existing Daily Traffic Volumes with Story Mill ParkService Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SAEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors, and the GIS user communityI00.150.3seliM570.0SITE11,6548,6688,2697,1995,262,01,6468159,314270 378 LSC Transportation Consultants, Inc. Story Mill Park Page 18 Traffic Impact Study This page left intentionally blank. 271 379 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 19 Chapter 4 LEVEL OF SERVICE DESCRIPTION Traffic operations at the study intersections are assessed in terms of Level of Service (LOS) and delay. LOS is a concept that was developed by transportation engineers to quantify the level of operation of intersections and roadways (Highway Capacity Manual, Transportation Research Board, 2010). LOS measures are classified in grades "A" through "F," indicating the range of operation. LOS "A" signifies the best level of operation, while "F" represents the worst. A detailed description of LOS criteria is provided in Appendix B. For signalized intersections, LOS is primarily measured in terms of average delay per vehicle entering the intersection. LOS at unsignalized intersections is quantified in terms of delay per vehicle for each movement. Unsignalized intersection LOS is based upon the theory of gap acceptance for side-street stop sign-controlled approaches, while signalized intersection LOS is based upon the assessment of volume-to-capacity ratios and control delay. Roundabout LOS is based upon the theory of gap acceptance for the traffic entering the roundabout, and an assessment of the conflicting circulating flow. LEVEL OF SERVICE STANDARDS The Level of Service (LOS) standard set forth in the Bozeman Code (Section 38.24.060.B) is as follows: AAll arterial and collector streets and intersections with arterial and collector streets shall operate at a minimum level of service “C” unless specifically exempted by this subsection. Level of service (LOS) values shall be determined by using the methods defined by the most recent edition of the Highway Capacity Manual. A development shall be approved only if the LOS requirements are met in the design year, which shall be a minimum of 15 years following the development application review of construction of mitigation measures if mitigation measures are required to maintain LOS. Intersections shall have a minimum acceptable LOS of “C” for the intersection as a whole. a. Exception: If an intersection within the area required to be studied by section 38. 41.060.A.12 does not meet LOS “C” and the intersection has been fully constructed to its maximum lane and turning movement capacity, then an LOS of less than “C” is acceptable. b. Exception: The review authority may accept and LOS of less than “C” at a specific intersection if: 1) A variance to allow a lesser LOS was approved not more than two years prior to the date an application for development being reviewed is determined to be adequate for review; 2) The request was made in writing with the application; and 3) The circumstances are in the professional judgment of the review authority substantially the same as when the variance was granted.@ 272 380 LSC Transportation Consultants, Inc. Story Mill Park Page 20 Traffic Impact Study ANALYSIS METHODOLOGY The LOS at the study intersections is evaluated for the peak hours by utilizing the Synchro software (Version 8.0, Trafficware), based upon the procedures presented in the 2010 Highway Capacity Manual (Federal Highways Administration, 2010). The Synchro output and calculations are provided in Appendix C for further reference. The roadway LOS evaluation is based on methodology and lookup tables provided by the Florida Department of Transportation. FDOT methodologies are determined to be most appropriate for this area, as the methodologies available using the HCM 2010 and HCS would not be applicable to the characteristics of the study roadways. The ADT lookup tables are contained in Appendix D. LEVEL OF SERVICE ANALYSIS Intersection LOS Intersections in the project area were evaluated to determine existing operational conditions for weekday peak-hour conditions. Table 3 summarizes the results of the LOS analysis for Year 2016 conditions. As shown, all study intersections currently operate at an acceptable LOS C or better during the AM and PM peak hours. With implementation of the proposed project in 2016, some intersections would degrade by one level during the AM peak hour, although the LOS at all study intersections would remain at an acceptable LOS C or better during this period. In the PM peak hour, the following two intersections would degrade from LOS C to LOS D: • Bridger Drive / Bridger Center Drive / Site Access • Bridger Drive / Story Mill Road TABLE 3: Story Mill Park TIA - Intersection LOS Without Project With Story Mill Park Intersection Delay (sec/veh)LOS Delay (sec/veh)LOS AM Bridger Dr / Rouse Ave / Griffin Drive 1 7.4 A 7.5 A Bridger Dr / Bridger Center Dr / site access 12.2 B 17.2 C Bridger Dr / Birdie Dr 10.5 B 15.6 C Bridger Dr / Story Mill Rd 15.9 C 16.7 C Story Mill Rd / Griffin Dr 9.2 A 9.2 A PM Bridger Dr / Rouse Ave / Griffin Drive 1 7.9 A 8.0 A Bridger Dr / Bridger Center Dr / site access 20.4 C 26.2 D Bridger Dr / Birdie Dr 11.4 B 21.3 C Bridger Dr / Story Mill Rd 22.7 C 25.2 D Story Mill Rd / Griffin Dr 9.0 A 9.0 A Bold indicates that LOS standard has been exceeded. Note: All intersections are side-street stop-controlled, unless otherw ise noted. Note: Delay and LOS are based on most constrained approach for side-street stop-controlled intersections. Note 1: This intersection is signalized. Delay and LOS are reported for the intersection as a w hole. Source: LSC Transportation Consultants, Inc.Story Mill TIA.xlsx 273 381 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 21 Note that the Bridger Drive / Bridger Center Drive intersection only exceeds the LOS C standard by approximately 1.2 seconds per vehicle, and the Bridger Drive / Story Mill Road intersection only marginally exceeds the LOS C standard (by 0.2 seconds per vehicle). Although the average delays would increase at the remaining study intersections, they would operate at LOS C or better during the PM peak hour with the project. Roadway LOS The roadway LOS analysis is summarized in Table 4. As shown, all study roadway segments currently operate at an acceptable LOS B, except the segment of Rouse Avenue south of Griffin Drive, which operates at an acceptable LOS C. Implementation of the proposed project in 2016 is not expected to degrade the LOS on any study roadway segment, with the exception of Griffin Drive west of Rouse Avenue, which would degrade from an acceptable LOS B to an acceptable LOS C. As such, no roadway LOS deficiencies are identified with the proposed project. 274 382 LSC Transportation Consultants, Inc. Story Mill Park Page 22 Traffic Impact Study TABLE 4: Story Mill Park - Roadway LOSRoadwaySegmentCity of Bozeman Functional ClassificationMDT Functional Classification MDT AADTLSC Estimated AADTExisting LOSProject Generated ADTADT With Story Mill ParkWith Project LOSRouse Avenue South of Griffin DrivePrincipal Arterial Minor Arterial 11,260 --C394 11,654 CBridger Drive Between Griffin Drive and Bridger Center Drive Principal Arterial Minor Arterial 8,140 --B528 8,668 BBridger Drive Between Bridger Center Drive and Birdie Drive Principal Arterial Minor Arterial -- 7,990 B279 8,269 BBridger Drive Between Birdie Drive and Story Mill RoadPrincipal Arterial Minor Arterial -- 7,100 B99 7,199 BBridger Drive East of Story Mill RoadPrincipal Arterial Minor Arterial -- 5,230 B32 5,262 BGriffin Drive West of Rouse Avenue/Bridger DriveMinor Arterial Minor Arterial 9,180 --B134 9,314 CStory Mill Road North of Bridger DriveCollector Major Collector -- 1,640 B61,646 BStory Mill Road South of Bridger DriveCollector Major Collector 750--B65815 BSource: LSC Transportation Consultants, Inc.Story Mill TIA.xlsx275 383 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 23 Chapter 5 TRAFFIC IMPACTS, RECOMMENDATIONS AND CONCLUSIONS The following potential areas of traffic impacts are considered in this section: • Impact on Traffic Volumes • Intersection Level of Service • Signal Warrant Analysis • Roadway Level of Service • Analysis of the Need for New Turn Lanes Potential mitigation measures are discussed, and recommendations are made. Finally, the conclusions of this study are summarized. IMPACT ON TRAFFIC VOLUMES The project impact on total intersection traffic volumes during the AM and PM peak hours is shown in Table 5. The largest impact occurs at the Bridger Drive / Bridger Center Drive / Site Access intersection, where the total traffic volumes would increase by approximately 38 trips (or 5.6 percent) in the AM peak hour and 95 trips (or 10.2 percent) in the PM peak hour. Note that the project has a minimal impact on the total traffic volumes through the Bridger Drive / Story Mill Road intersection, with an increase of less than 2.0 percent. The project impact on roadway daily traffic volumes (ADT) is also estimated. As shown in the lower portion of the table, the biggest increase in ADT occurs on the segment of Bridger Drive TABLE 5: Story Mill Park - Traffic Volume Impacts Total Intersection Entering Volume Existing Project Generated Percent Increase in Traffic Due to Project Intersection AM PM Sum AM PM Sum AM PM Sum Bridger Dr / Rouse Ave / Griffin Drive 1,001 1,286 2,287 34 82 116 3.4% 6.4% 5.1% Bridger Dr / Bridger Center Dr / site access 683 928 1,611 38 95 133 5.6% 10.2% 8.3% Bridger Dr / Birdie Dr 612 853 1,465 13 28 41 2.1% 3.3% 2.8% Bridger Dr / Story Mill Rd 677 906 1,583 5 15 20 0.7% 1.7% 1.3% Story Mill Rd / Griffin Dr 164 161 325 4 9 13 2.4% 5.6% 4.0% Daily Traffic Volumes (ADT) Roadway Existing Project Generated Percent Increase in ADT Due to Project Rouse Avenue, South of Griffin Drive 11,260 394 3.5% Bridger Drive, Between Griffin Drive and Bridger Center Drive 8,140 528 6.5% Bridger Drive, Between Bridger Center Drive and Birdie Drive 7,990 279 3.5% Bridger Drive, Between Birdie Drive and Story Mill Road 7,100 99 1.4% Bridger Drive, East of Story Mill Road 5,230 32 0.6% Griffin Drive, West of Rouse Avenue/Bridger Drive 9,180 134 1.5% Story Mill Road, North of Bridger Drive 1,640 6 0.4% Story Mill Road, South of Bridger Drive 750 65 8.7% Source: LSC Transportation Consultants, Inc.Story Mill TIA.xlsx 276 384 LSC Transportation Consultants, Inc. Story Mill Park Page 24 Traffic Impact Study between Griffin Drive/Rouse Avenue and Bridger Center Drive, with an increase of approximately 528 ADT (or a 6.5 percent increase). Story Mill Road immediately south of Bridger Drive would experience an increase of approximately 65 ADT (or an 8.7 percent increase). During the AM peak hour, the project is estimated to increase the total two-way traffic volume on Story Mill Road immediately south of Bridger Drive by approximately 4 one-way trips, or one trip every 15 minutes, on average. During the PM peak hour, the project would add approximately 9 one-way trips, which equates to less than one trip every 6 minutes, on average. Although the project proposes improvements to a portion of East Griffin Drive in order to enhance conditions for non-auto modes, the project is expected to have a minimal impact on traffic volumes along this roadway. INTERSECTION LOS IMPACTS Implementation of the proposed project would cause the following two intersections to degrade from LOS C to LOS D during the PM peak hour: • Bridger Drive / Bridger Center Drive / Site Access • Bridger Drive / Story Mill Road Potential intersection LOS mitigation measures are discussed below. No intersection LOS deficiencies are expected during the AM peak hour. Bridger Drive / Bridger Center Drive / Site Access Due to the proposed project, the average delay increases by approximately 5.8 seconds on the worst approach. Although provision of a separate right-turn lane on the site driveway approach would improve the LOS for drivers turning right onto Bridger Drive, this would not improve the LOS to an acceptable level. Provision of a central two-way left-turn lane (TWLTL) along Bridger Drive west of the intersection, which would allow two-stage left-turn movements to be made from the site driveway, would improve the LOS to an acceptable LOS C under ‘existing plus project’ peak-hour conditions. This turn lane improvement is a planned improvement by MDT (along with new sidewalks and other improvements). Bridger Drive / Story Mill Road Due to the proposed project, the average delay increases by approximately 2.5 seconds on the worst approach. Provision of a separate left-turn lane on the northbound Story Mill Road approach would improve the LOS to an acceptable LOS C or better under ‘existing plus project’ peak-hour conditions. This improvement would require widening the median of Story Mill Road within the vicinity of Bridger Drive, which is consistent with the City’s long-term vision of a 3- lane cross-section along Story Mill Road. Alternatively, provision of a separate right-turn lane on the northbound Story Mill Road approach would improve the LOS to an acceptable LOS C or better with the project; however, this improvement may not be desirable due to right-of-way constraints. 277 385 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 25 Year 2018 Intersection LOS The MDT improvements along Bridger Drive are expected to be completed by 2018. In order to estimate Year 2018 intersection volumes, ADT forecasts for Bridger Drive and Story Mill Road were obtained from the traffic model that was recently updated as a part of the City’s Transportation Plan Update project. Based upon a review of the model’s 2014 and 2040 traffic volumes, the average annual growth rates along Bridger Drive and Story Mill Road in the study area are estimated to be approximately 1.3 percent and 3.3 percent, respectively. Applying these growth rates to the 2016 PM peak-hour intersection volumes yields the ‘2018 no project’ PM peak-hour volumes shown in Table 6. Adding the project-generated volumes to those volumes yields the ‘2018 with project’ volumes shown in the lower portion of the table. Note that traffic volumes are not developed for the 2018 AM peak hour, as PM peak-hour conditions represent the worst case. Intersection LOS was evaluated under 2018 conditions at the two intersections expected to operate at LOS D in 2016. Assuming the MDT improvements are complete, the results indicate that the Bridger Drive / Story Mill Road intersection would continue to operate at LOS D. However, widening the Story Mill Road approaches to provide exclusive left-turn lanes would improve the LOS to an acceptable LOS C with the Story Mill Park Project in 2018. SIGNAL WARRANT ANALYSIS The peak-hour traffic volumes were reviewed against the signal warrant criteria presented in the Manual on Uniform Traffic Control Devices (MUTCD, U.S. Department of Transportation, Federal Highway Administration). The traffic volumes with the proposed project in 2016 do not meet the criteria at any of the unsignalized study intersections during the AM and PM peak hours. The criteria is also not met in 2018. ROADWAY LOS IMPACTS As all study roadway segments would operate at an acceptable LOS C or better with the proposed project in 2016, no roadway LOS deficiencies are identified. ANALYSIS OF THE NEED FOR NEW TURN LANES The need for left- and right-turn lanes along a main roadway is evaluated based on the guidelines specified by National Cooperative Highway Research Program (NCHRP) Report 457 “Evaluating Intersection Improvements: An Engineering Study Guide” (Transportation Research Board, 2001). The turn lane warrant criteria charts are included in Appendix E. The need for new turn lanes is evaluated only for side-street stop-controlled intersections, as the need for turn lanes at signalized and roundabout-controlled intersections is determined by level of service. 278 386 LSC Transportation Consultants, Inc. Story Mill Park Page 26 Traffic Impact Study TABLE 6: Story Mill Park - Year 2018 PM Peak-Hour Intersection Traffic VolumesNorthbound Southbound Eastbound WestboundIntersection Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total2018 No ProjectBridger Dr / Bridger Center Dr / site access 7 0 2 16 0 28 10 486 4 1 383 13 950Bridger Dr / Birdie Dr 000302943449003510875Bridger Dr / Story Mill Rd 12 35 47 5 22 106 154 281 16 18 237 4 9372018 With ProjectBridger Dr / Bridger Center Dr / site access 36 0 8 16 0 28 10 492 44 8 390 13 1,045Bridger Dr / Birdie Dr 701302943455613580903Bridger Dr / Story Mill Rd 17 35 47 5 22 107 155 283 20 18 239 4 952Source: LSC Transportation Consultants, Inc. and City Transportation Plan model.279 387 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 27 Left-Turn Lane Warrant Analysis Left-turn lane volume warrants are defined by volume thresholds of opposing traffic versus advancing traffic, as well as the percentage of left-turns on the advancing approach. The warrant chart is attached. The need for new eastbound and westbound left-turn lanes along Bridger Drive was evaluated at the intersections of: • Bridger Center Drive/Site Access • Birdie Drive/Proposed Site Access • Story Mill Road The left-turn lane warrant analysis determined that the following left-turn lanes are warranted: • Eastbound at Birdie Drive both with and without the proposed Story Mill Park project • Eastbound at Story Mill Road both with and without the proposed Story Mill Park project Note that both of these left-turns are warranted during the PM peak hour only. No other left-turn lanes are warranted within the study area. Right-Turn Lane Warrant Analysis Right-turn lane warrants are based on a graphical curve of right-turning volumes versus total traffic in the travel lane. The warrant chart is attached. The peak-hour traffic volumes do not meet the right-turn lane warrant at any of the unsignalized study intersections under either of the study scenarios. RECOMMENDATIONS The following recommendations are made regarding the proposed project: • If all approaches on the unsignalized intersection of Bridger Drive / Bridger Center Drive / Site Access are required to operate at LOS C or better under Year 2016 conditions with the proposed project, it is recommended that a central two-way left-turn lane (TWLTL) be constructed along Bridger Drive west of the intersection. This turn lane improvement (along with other improvements, including new sidewalks), is a planned improvement by MDT. With this improvement, an acceptable LOS C would also be provided in 2018. • Provision of a separate left-turn lane on the northbound Story Mill Road approach to Bridger Drive would improve the LOS at this intersection to an acceptable LOS C or better under ‘existing plus project’ peak-hour conditions. This improvement would require widening the median of Story Mill Road within the vicinity of Bridger Drive, which is consistent with the City’s long-term vision of a 3-lane cross-section along Story Mill Road. Alternatively, provision of a separate right-turn lane on the northbound Story 280 388 LSC Transportation Consultants, Inc. Story Mill Park Page 28 Traffic Impact Study Mill Road approach would improve the LOS to an acceptable LOS C or better with the project; however, this improvement may not be desired due to right-of-way constraints. Assuming the MDT improvements are completed in 2018, the Bridger Drive / Story Mill Road intersection would continue to operate at LOS D. However, widening the Story Mill Road approaches to provide exclusive left-turn lanes would improve the LOS to an acceptable LOS C with the Story Mill Park Project in 2018. • The turn lane analysis determined that an eastbound left-turn lane is warranted at the Bridger Drive/Birdie Drive intersection and an eastbound left-turn lane is warranted at the Bridger Drive/Story Mill Road intersection. These left-turn lanes are shown to be warranted with or without the proposed project. • It is noted that there is potential for local transit service to be provided in the future, but it is determined that it would not materially affect the findings and conclusions of this analysis. CONCLUSIONS • The proposed Story Mill Community Park is estimated to generate a total of approximately 638 daily one-way vehicle trips on a typical weekday without an event scheduled. The project is estimated to generate 41 vehicle trips (28 entering and 13 exiting) during the AM peak hour of the design day, and 99 vehicle trips (55 entering and 44 exiting) during the PM peak hour. • The project would result in an increase in traffic at any given study intersection of up to 95 peak-hour trips (through the Bridger Drive / Bridger Center Drive / Site Access intersection). The project would have a minimal impact on the total traffic volumes through the Bridger Drive / Story Mill Road intersection (up to 15 peak-hour trips). • The project would increase the ADT on any given roadway segment by up to 528, which occurs along Bridger Drive between Griffin Drive/Rouse Avenue and Bridger Center Drive. The project would increase the ADT on Story Mill Road at a point immediately south of Bridger Drive by approximately 65 ADT. During the AM peak hour, the project is estimated to increase the total two-way traffic volume on Story Mill Road immediately south of Bridger Drive by approximately 4 one-way trips, or one trip every 15 minutes, on average. During the PM peak hour, the project would add approximately 9 one-way trips, which equates to less than one trip every 6 minutes, on average. The project is expected to have a minimal impact on traffic volumes along East Griffin Drive. • All study intersections currently operate at an acceptable LOS C or better during the AM and PM peak hours. With implementation of the proposed project in 2016, some intersections would degrade by one level during the AM peak hour, although the LOS at all study intersections would remain at an acceptable LOS C or better during this period. In the PM peak hour, the following two intersections would degrade from LOS C to LOS D: 281 389 Story Mill Park LSC Transportation Consultants, Inc. Traffic Impact Study Page 29 o Bridger Drive / Bridger Center Drive / Site Access o Bridger Drive / Story Mill Road If all approaches on the unsignalized intersection of Bridger Drive / Bridger Center Drive / Site Access are required to operate at LOS C or better under Year 2016 conditions with the proposed project, it is recommended that a central two-way left-turn lane (TWLTL) be constructed along Bridger Drive west of the intersection. This turn lane improvement (along with other improvements, including new sidewalks), is a planned improvement by MDT. With this improvement, an acceptable LOS C would also be provided in the Year 2018. At the Bridger Drive/Story Mill Road intersection, provision of a separate left-turn lane on the northbound Story Mill Road approach to Bridger Drive would improve the LOS at this intersection to an acceptable LOS C with the proposed project. This improvement would require widening the median of Story Mill Road within the vicinity of Bridger Drive, which is consistent with the City’s long-term vision of a 3-lane cross-section along Story Mill Road. Alternatively, provision of a separate right-turn lane on the northbound Story Mill Road approach would improve the LOS to an acceptable LOS C or better with the project; however, this improvement may not be desired due to right-of-way constraints. Assuming the MDT improvements are completed in 2018, the Bridger Drive / Story Mill Road intersection would continue to operate at LOS D. However, widening the Story Mill Road approaches to provide exclusive left-turn lanes would improve the LOS to an acceptable LOS C with the Story Mill Park Project in 2018. • The traffic volumes with the proposed project in 2016 do not meet the peak hour traffic signal warrant criteria at any unsignalized study intersections during the AM and PM peak hours. The warrant criteria is also not met in 2018. • All study roadway segments would operate at an acceptable LOS C or better with the proposed project in 2016; no roadway LOS deficiencies are identified. • The turn lane warrant analysis has determined left turn lanes are warranted for the following intersections: eastbound at the Bridger Drive/Birdie Drive intersection; and eastbound at the Bridger Drive/Story Mill Road intersection. These left-turn lanes, which are warranted with or without the proposed project, are planned to be installed as a part of the upcoming MDT project. No right-turn lanes are warranted at any of the unsignalized study intersections. • There is potential for local transit service to be provided in the future, but it is determined that it would not materially affect the findings and conclusions of this analysis. 282 390 LSC Transportation Consultants, Inc. Story Mill Park Page 30 Traffic Impact Study This page left intentionally blank. 283 391 Appendix A TRAFFIC COUNTS 284 392 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 7:00 AM 15 16 0 0 29 26 12 2 16 1 0 0 117 671 7:15 AM 18 21 0 0 42 18 21 1 16 1 3 0 141 793 7:30 AM 26 23 0 0 42 31 22 4 38 0 1 0 187 896 7:45 AM 44 28 2 0 44 34 29 3 40 1 1 0 226 936 8:00 AM 21 41 0 0 73 35 27 1 36 3 1 1 239 930 8:15 AM 35 44 2 1 55 18 28 0 58 0 3 0 244 8:30 AM 39 46 1 0 34 24 38 1 41 1 2 0 227 8:45 AM 44 27 0 0 56 17 29 2 38 1 6 0 220 Peak-Hour Volume 139 159 5 1 206 111 122 5 175 5 7 1 936 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 4:00 PM 52 44 2 0 35 25 36 4 42 3 2 0 245 973 4:15 PM 41 61 2 0 34 26 29 2 35 0 3 1 234 1,035 4:30 PM 32 43 1 0 48 37 17 2 41 1 1 0 223 1,080 4:45 PM 40 58 4 1 52 27 34 0 49 2 3 1 271 1,092 5:00 PM 37 43 3 0 64 56 25 4 67 4 4 0 307 1,056 5:15 PM 43 75 2 0 50 39 26 3 39 1 1 0 279 5:30 PM 43 47 0 0 46 35 23 2 37 1 1 0 235 5:45 PM 34 60 1 0 34 32 31 0 35 7 1 0 235 Peak-Hour Volume 163 223 9 1 212 157 108 9 192 8 9 1 1,092 10/20/2015 7:00 AM Peak Hour 7:45 AM Bridger Drive / Rouse Avenue Griffin Drive Northbound Southbound Eastbound Westbound Northbound Southbound Eastbound Westbound 10/20/2015 4:00 PM Peak Hour 4:45 PM Bridger Drive / Rouse Avenue Griffin Drive 285 393 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 7:00 AM 0 0 0 0 0 4 3 28 0 0 56 0 91 534 7:15 AM 0 0 0 0 0 1 4 41 0 0 70 0 116 628 7:30 AM 0 0 0 1 0 3 10 48 0 0 75 2 139 676 7:45 AM 0 0 0 1 0 1 18 65 0 1 100 2 188 683 8:00 AM 0 0 0 3 0 5 13 65 0 0 94 5 185 633 8:15 AM 0 0 0 1 0 7 10 70 0 0 74 2 164 8:30 AM 0 0 0 1 0 6 2 76 0 0 59 2 146 8:45 AM 0 0 0 1 0 4 6 63 0 0 62 2 138 Peak-Hour Volume 0 0 0 6 0 19 43 276 0 1 327 11 683 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 4:00 PM 0 0 0 3 0 8 4 86 0 0 82 5 188 753 4:15 PM 0 0 0 4 0 10 5 92 1 0 80 4 196 792 4:30 PM 1 0 0 2 0 8 2 79 3 0 78 3 176 825 4:45 PM 1 2 0 2 0 8 1 105 1 0 72 1 193 906 5:00 PM 1 0 0 8 0 8 2 112 1 0 93 2 227 928 5:15 PM 2 0 1 4 0 5 2 122 3 1 85 4 229 5:30 PM 4 0 1 1 0 9 4 131 0 0 103 4 257 5:45 PM 0 0 0 3 0 6 2 109 0 0 92 3 215 Peak-Hour Volume 7 0 2 16 0 28 10 474 4 1 373 13 928 Bridger Center Drive Bridger Drive Northbound Southbound Eastbound Westbound 4:00 PM Peak Hour 5:00 PM 4/12/2016 7:00 AM Peak Hour 7:45 AM Bridger Center Drive Bridger Drive Northbound Southbound Eastbound Westbound 4/12/2016 286 394 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 7:00 AM -- -- -- 0 -- 1 1 26 -- -- 47 0 75 471 7:15 AM -- -- -- 0 -- 2 2 37 -- -- 67 0 108 557 7:30 AM -- -- -- 0 -- 9 1 45 -- -- 66 0 121 596 7:45 AM -- -- -- 0 -- 11 4 58 -- -- 94 0 167 612 8:00 AM -- -- -- 0 -- 14 5 58 -- -- 84 0 161 574 8:15 AM -- -- -- 1 -- 6 7 63 -- -- 70 0 147 8:30 AM -- -- -- 0 -- 1 5 72 -- -- 57 2 137 8:45 AM -- -- -- 0 -- 8 3 62 -- -- 56 0 129 Peak-Hour Volume 0 0 0 1 0 32 21 251 0 0 305 2 612 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 4:00 PM -- -- -- 0 -- 8 8 80 -- -- 75 0 171 682 4:15 PM -- -- -- 0 -- 5 8 86 -- -- 76 2 177 721 4:30 PM -- -- -- 1 -- 2 5 78 -- -- 73 0 159 758 4:45 PM -- -- -- 0 -- 3 6 95 -- -- 71 0 175 830 5:00 PM -- -- -- 0 -- 5 8 111 -- -- 86 0 210 853 5:15 PM -- -- -- 1 -- 7 14 111 -- -- 81 0 214 5:30 PM -- -- -- 1 -- 12 13 113 -- -- 92 0 231 5:45 PM -- -- -- 1 -- 5 7 102 -- -- 83 0 198 Peak-Hour Volume 0 0 0 3 0 29 42 437 0 0 342 0 853 Birdie Drive Bridger Drive Northbound Southbound Eastbound Westbound 4:00 PM Peak Hour 5:00 PM 4/12/2016 7:00 AM Peak Hour 7:45 AM Birdie Drive Bridger Drive Northbound Southbound Eastbound Westbound 4/12/2016 287 395 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 7:00 AM 1 0 0 0 3 19 5 9 0 7 28 0 72 388 7:15 AM 1 2 1 1 3 14 5 23 2 6 29 1 88 480 7:30 AM 3 1 1 0 9 14 9 10 2 2 44 1 96 538 7:45 AM 1 4 2 0 10 19 14 23 1 7 49 2 132 576 8:00 AM 5 3 2 2 5 38 19 21 1 14 53 1 164 574 8:15 AM 0 3 5 1 17 20 14 32 2 17 35 0 146 8:30 AM 1 5 5 1 9 16 14 45 0 3 35 0 134 8:45 AM 0 4 6 0 3 24 19 27 1 6 36 4 130 Peak-Hour Volume 7 15 14 4 41 93 61 121 4 41 172 3 576 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 4:00 PM 3 7 4 1 1 17 22 39 0 1 23 0 118 541 4:15 PM 1 3 9 0 4 10 22 49 3 2 28 2 133 569 4:30 PM 5 6 3 1 2 19 14 36 1 5 36 0 128 612 4:45 PM 0 7 10 1 5 25 23 47 1 2 39 2 162 626 5:00 PM 2 10 13 1 3 22 16 29 4 6 39 1 146 630 5:15 PM 4 7 12 1 6 18 27 48 2 0 49 2 176 5:30 PM 0 10 11 2 5 12 26 36 0 8 31 1 142 5:45 PM 2 6 8 1 7 17 22 53 4 4 42 0 166 Peak-Hour Volume 8 33 44 5 21 69 91 166 10 18 161 4 630 4:00 PM Peak Hour 5:00 PM 10/20/2015 7:00 AM Peak Hour 7:45 AM Story Mill Road Bridger Drive Northbound Southbound Eastbound Westbound 10/20/2015 Story Mill Road Bridger Drive Northbound Southbound Eastbound Westbound 288 396 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 7:00 AM 2 8 -- -- 9 1 0 -- 0 -- -- -- 20 93 7:15 AM 0 8 -- -- 6 0 0 -- 0 -- -- -- 14 112 7:30 AM 0 4 -- -- 16 0 1 -- 0 -- -- -- 21 149 7:45 AM 0 11 -- -- 20 2 3 -- 2 -- -- -- 38 164 8:00 AM 3 8 -- -- 27 0 1 -- 0 -- -- -- 39 154 8:15 AM 2 15 -- -- 31 1 0 -- 2 -- -- -- 51 8:30 AM 3 14 -- -- 13 2 0 -- 4 -- -- -- 36 8:45 AM 2 7 -- -- 13 2 2 -- 2 -- -- -- 28 Peak-Hour Volume 8480091540 800 0164 Traffic Turning Movement Counts Count Date Start Time Street Name Direction Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total 1hr total 4:00 PM 2 12 -- -- 5 3 1 -- 2 -- -- -- 25 116 4:15 PM 3 12 -- -- 8 1 1 -- 0 -- -- -- 25 130 4:30 PM 2 17 -- -- 7 1 0 -- 2 -- -- -- 29 146 4:45 PM 1 18 -- -- 16 0 1 -- 1 -- -- -- 37 161 5:00 PM 2 16 -- -- 13 1 4 -- 3 -- -- -- 39 158 5:15 PM 4 22 -- -- 13 0 0 -- 2 -- -- -- 41 5:30 PM 3 21 -- -- 12 2 2 -- 4 -- -- -- 44 5:45 PM 1 19 -- -- 12 0 0 -- 2 -- -- -- 34 Peak-Hour Volume 10 77 0 0 54 3 7 0 10 0 0 0 161 Story Mill Road Griffin Drive Northbound Southbound Eastbound Westbound 4:00 PM Peak Hour 4:45 PM 4/13/2016 7:00 AM Peak Hour 7:45 AM Story Mill Road Griffin Drive Northbound Southbound Eastbound Westbound 4/13/2016 289 397 Appendix B LEVEL OF SERVICE DESCRIPTIONS 290 398 DESCRIPTIONS OF LEVELS OF SERVICE The concept of level of service is defined as a qualitative measure describing operational conditions within a traffic stream, and their perception by motorists and/or passengers. A level of service definition generally describes these conditions in terms of such factors as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety. Six levels of service are defined for each type of facility for which analysis procedures are available. They are given letter designations, from A to F, with level of service A representing the best operating conditions and level of service F the worst. Level of Service Definitions In general, the various levels of service are defined as follows for uninterrupted flow facilities: $ Level of service A represents free flow. Individual users are virtually unaffected by the presence of others in the traffic stream. Freedom to select desired speeds and to maneuver within the traffic stream is extremely high. The general level of comfort and convenience provided to the motorist, passenger, or pedestrian is excellent. $ Level of service B is in the range of stable flow, but the presence of other users in the traffic stream begins to be noticeable. Freedom to select desired speeds is relatively unaffected, but there is a slight decline in the freedom to maneuver within the traffic stream from LOS A. The level of comfort and convenience provided is somewhat less than at LOS A, because the presence of others in the traffic stream begins to affect individual behavior. $ Level of service C is in the range of stable flow, but marks the beginning of the range of flow in which the operation of individual users becomes significantly affected by interactions with others in the traffic stream. The selection of speed is now affected by the presence of others, and maneuvering within the traffic stream requires substantial vigilance on the part of the user. The general level of comfort and convenience declines noticeably at this level. $ Level of Service D represents high-density, but stable, flow. Speed and freedom to maneuver are severely restricted, and the driver or pedestrian experiences a generally poor level of comfort and convenience. Small increases in traffic flow will generally cause operational problems at this level. $ Level of service E represents operating conditions at or near the capacity level. All speeds are reduced to a low, but relatively uniform value. Freedom to maneuver within the traffic stream is extremely difficult, and it is generally accomplished by forcing a vehicle or pedestrian to “give way” to accommodate such maneuvers. Comfort and convenience levels are extremely poor, and driver or pedestrian frustration is generally high. Operations at this level are usually unstable, because small increases in flow or minor perturbations within the traffic stream will cause breakdowns. $ Level of service F is used to define forced or breakdown flow. This condition exists wherever the amount of traffic approaching a point exceeds the amount which can traverse the point. Queues form behind such locations. Operations within the queue are characterized by stop-and-go waves, and they are extremely unstable. Vehicles may progress at reasonable speeds for several hundred feet or more, then be required to stop in a cyclic fashion. Level of service F is used to describe the operating conditions within the queue, as well as the point of the breakdown. It should be noted, however, that in many cases operating conditions of vehicles or pedestrians discharged from the queue may be quite good. Nevertheless, it is the point at which arrival flow exceeds discharge flow which causes the queue to form, and level of service F is an appropriate designation for such points. 291 399 Appendix C INTERSECTION LOS REPORTS 292 400 AM Peak Hour No Project 293 401 HCM 2010 Signalized Intersection Summary 1: Rouse Ave/Bridger Dr & Griffin Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - No Project Synchro 8 Report JHB Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Volume (veh/h) 138 5 175 5 7 1 139 180 5 1 224 121 Number 7 4 14 3 8 18 5 2 12 1 6 16 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Adj Sat Flow, veh/h/ln 1900 1863 1863 1900 1863 1900 1863 1863 1900 1863 1863 1863 Adj Flow Rate, veh/h 144 5 182 5 7 1 145 188 5 1 233 126 Adj No. of Lanes 011010110111 Peak Hour Factor 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 Percent Heavy Veh, %222222222222 Cap, veh/h 542 13 461 247 230 24 602 920 24 578 487 414 Arrive On Green 0.19 0.19 0.19 0.19 0.19 0.19 0.10 0.51 0.51 0.26 0.26 0.26 Sat Flow, veh/h 1442 66 1583 316 1193 126 1774 1806 48 1185 1863 1583 Grp Volume(v), veh/h 149 0 182 13 0 0 145 0 193 1 233 126 Grp Sat Flow(s),veh/h/ln 1508 0 1583 1634 0 0 1774 0 1854 1185 1863 1583 Q Serve(g_s), s 0.8 0.0 2.5 0.0 0.0 0.0 1.4 0.0 1.5 0.0 2.8 1.7 Cycle Q Clear(g_c), s 2.2 0.0 2.5 2.4 0.0 0.0 1.4 0.0 1.5 0.0 2.8 1.7 Prop In Lane 0.97 1.00 0.38 0.08 1.00 0.03 1.00 1.00 Lane Grp Cap(c), veh/h 554 0 461 501 0 0 602 0 944 578 487 414 V/C Ratio(X) 0.27 0.00 0.39 0.03 0.00 0.00 0.24 0.00 0.20 0.00 0.48 0.30 Avail Cap(c_a), veh/h 1125 0 1100 1112 0 0 758 0 1797 1019 1180 1003 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 0.00 1.00 0.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 9.6 0.0 7.6 8.8 0.0 0.0 5.2 0.0 3.6 7.3 8.4 7.9 Incr Delay (d2), s/veh 0.3 0.0 0.5 0.0 0.0 0.0 0.2 0.0 0.1 0.0 0.7 0.4 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.0 0.0 1.1 0.1 0.0 0.0 0.6 0.0 0.8 0.0 1.5 0.8 LnGrp Delay(d),s/veh 9.8 0.0 8.2 8.8 0.0 0.0 5.4 0.0 3.7 7.3 9.1 8.4 LnGrp LOS A A A A AAAA Approach Vol, veh/h 331 13 338 360 Approach Delay, s/veh 8.9 8.8 4.4 8.8 Approach LOS AAAA Timer 12345678 Assigned Phs 2 4 5 6 8 Phs Duration (G+Y+Rc), s 17.7 9.2 6.6 11.0 9.2 Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.0 16.0 5.0 17.0 16.0 Max Q Clear Time (g_c+I1), s 3.5 4.5 3.4 4.8 4.4 Green Ext Time (p_c), s 2.7 1.1 0.1 2.2 1.1 Intersection Summary HCM 2010 Ctrl Delay 7.4 HCM 2010 LOS A 294 402 HCM 2010 TWSC 2: site access/Bridger Center & Bridger Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - No Project Synchro 8 Report JHB Page 3 Intersection Int Delay, s/veh 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 43 276 0 1 327 11 0 0 0 6 0 19 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 91 91 91 91 91 91 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 47 303 0 1 359 12 0 0 0 7 0 21 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 371 0 0 303 0 0 776 772 303 766 766 365 Stage 1 - - - - - - 398 398 - 368 368 - Stage 2 - - - - - - 378 374 - 398 398 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1188 - - 1258 - - 315 330 737 320 333 680 Stage 1 - - - - - - 628 603 - 652 621 - Stage 2 - - - - - - 644 618 - 628 603 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1188 - - 1258 - - 294 314 737 308 317 680 Mov Cap-2 Maneuver - - - - - - 294 314 - 308 317 - Stage 1 - - - - - - 598 574 - 621 620 - Stage 2 - - - - - - 624 617 - 598 574 - Approach EB WB NB SB HCM Control Delay, s 1.1 0 0 12.2 HCM LOS A B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) - 1188 - - 1258 - - 527 HCM Lane V/C Ratio - 0.04 - - 0.001 - - 0.052 HCM Control Delay (s) 0 8.2 0 - 7.9 0 - 12.2 HCM Lane LOS A A A - A A - B HCM 95th %tile Q(veh) - 0.1 - - 0 - - 0.2 295 403 HCM 2010 TWSC 3: Bridger Dr & Birdie Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - No Project Synchro 8 Report JHB Page 4 Intersection Int Delay, s/veh 0.8 Movement EBL EBT WBT WBR SBL SBR Vol, veh/h 21 251 305 2 1 32 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 23 273 332 2 1 35 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 334 0 - 0 651 333 Stage 1 - - - - 333 - Stage 2 - - - - 318 - Critical Hdwy 4.12 - - - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy 2.218 - - - 3.518 3.318 Pot Cap-1 Maneuver 1225 - - - 433 709 Stage 1 - - - - 726 - Stage 2 - - - - 738 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1225 - - - 423 709 Mov Cap-2 Maneuver - - - - 423 - Stage 1 - - - - 726 - Stage 2 - - - - 722 - Approach EB WB SB HCM Control Delay, s 0.6 0 10.5 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h) 1225 - - - 695 HCM Lane V/C Ratio 0.019 - - - 0.052 HCM Control Delay (s) 8 0 - - 10.5 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0.1 - - - 0.2 296 404 HCM 2010 TWSC 4: Story Mill Rd & Bridger Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - No Project Synchro 8 Report JHB Page 5 Intersection Int Delay, s/veh 5.5 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 83 164 5 41 194 3 8 15 14 4 41 105 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 88 88 88 88 88 88 88 88 88 88 88 88 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 94 186 6 47 220 3 9 17 16 5 47 119 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 224 0 0 192 0 0 776 695 189 709 696 222 Stage 1 - - - - - - 378 378 - 315 315 - Stage 2 - - - - - - 398 317 - 394 381 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1345 - - 1381 - - 315 366 853 349 365 818 Stage 1 - - - - - - 644 615 - 696 656 - Stage 2 - - - - - - 628 654 - 631 613 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1345 - - 1381 - - 219 324 853 300 323 818 Mov Cap-2 Maneuver - - - - - - 219 324 - 300 323 - Stage 1 - - - - - - 594 567 - 642 630 - Stage 2 - - - - - - 477 628 - 554 565 - Approach EB WB NB SB HCM Control Delay, s 2.6 1.3 15.9 14.3 HCM LOS C B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 373 1345 - - 1381 - - 558 HCM Lane V/C Ratio 0.113 0.07 - - 0.034 - - 0.305 HCM Control Delay (s) 15.9 7.9 0 - 7.7 0 - 14.3 HCM Lane LOS C A A - A A - B HCM 95th %tile Q(veh) 0.4 0.2 - - 0.1 - - 1.3 297 405 HCM 2010 TWSC 5: Story Mill Rd & Griffin Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - No Project Synchro 8 Report JHB Page 6 Intersection Int Delay, s/veh 1 Movement EBL EBR NBL NBT SBT SBR Vol, veh/h 4 8 8 48 91 5 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 - - - - - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 80 80 80 80 80 80 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 5 10 10 60 114 6 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 197 117 120 0 - 0 Stage 1 117 - - - - - Stage 2 80 - - - - - Critical Hdwy 6.42 6.22 4.12 - - - Critical Hdwy Stg 1 5.42 - - - - - Critical Hdwy Stg 2 5.42 - - - - - Follow-up Hdwy 3.518 3.318 2.218 - - - Pot Cap-1 Maneuver 792 935 1468 - - - Stage 1 908 - - - - - Stage 2 943 - - - - - Platoon blocked, % - - - Mov Cap-1 Maneuver 786 935 1468 - - - Mov Cap-2 Maneuver 786 - - - - - Stage 1 908 - - - - - Stage 2 936 - - - - - Approach EB NB SB HCM Control Delay, s 9.2 1.1 0 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h) 1468 - 879 - - HCM Lane V/C Ratio 0.007 - 0.017 - - HCM Control Delay (s) 7.5 0 9.2 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0 - 0.1 - - 298 406 PM Peak Hour No Project 299 407 HCM 2010 Signalized Intersection Summary 1: Rouse Ave/Bridger Dr & Griffin Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - No Project Synchro 8 Report JHB Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Volume (veh/h) 159 9 192 8 9 1 163 328 9 1 234 173 Number 7 4 14 3 8 18 5 2 12 1 6 16 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Adj Sat Flow, veh/h/ln 1900 1863 1863 1900 1863 1900 1863 1863 1900 1863 1863 1863 Adj Flow Rate, veh/h 179 10 216 9 10 1 183 369 10 1 263 194 Adj No. of Lanes 011010110111 Peak Hour Factor 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 Percent Heavy Veh, %222222222222 Cap, veh/h 550 18 503 250 208 15 579 944 26 525 537 456 Arrive On Green 0.21 0.21 0.21 0.21 0.21 0.21 0.10 0.52 0.52 0.29 0.29 0.29 Sat Flow, veh/h 1492 83 1583 367 972 70 1774 1805 49 1000 1863 1583 Grp Volume(v), veh/h 189 0 216 20 0 0 183 0 379 1 263 194 Grp Sat Flow(s),veh/h/ln 1575 0 1583 1409 0 0 1774 0 1854 1000 1863 1583 Q Serve(g_s), s 0.0 0.0 3.3 0.0 0.0 0.0 1.9 0.0 3.7 0.0 3.6 3.0 Cycle Q Clear(g_c), s 2.8 0.0 3.3 2.9 0.0 0.0 1.9 0.0 3.7 0.0 3.6 3.0 Prop In Lane 0.95 1.00 0.45 0.05 1.00 0.03 1.00 1.00 Lane Grp Cap(c), veh/h 567 0 503 473 0 0 579 0 970 525 537 456 V/C Ratio(X) 0.33 0.00 0.43 0.04 0.00 0.00 0.32 0.00 0.39 0.00 0.49 0.43 Avail Cap(c_a), veh/h 1009 0 996 924 0 0 746 0 1583 762 979 832 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 0.00 1.00 0.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 10.5 0.0 8.2 9.5 0.0 0.0 5.6 0.0 4.4 7.7 9.0 8.8 Incr Delay (d2), s/veh 0.3 0.0 0.6 0.0 0.0 0.0 0.3 0.0 0.3 0.0 0.7 0.6 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.4 0.0 1.5 0.1 0.0 0.0 1.0 0.0 2.0 0.0 1.9 1.4 LnGrp Delay(d),s/veh 10.9 0.0 8.8 9.5 0.0 0.0 5.9 0.0 4.6 7.7 9.7 9.4 LnGrp LOS B A A A AAAA Approach Vol, veh/h 405 20 562 458 Approach Delay, s/veh 9.8 9.5 5.0 9.6 Approach LOS AAAA Timer 12345678 Assigned Phs 2 4 5 6 8 Phs Duration (G+Y+Rc), s 19.9 10.5 7.1 12.8 10.5 Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.0 16.0 6.0 16.0 16.0 Max Q Clear Time (g_c+I1), s 5.7 5.3 3.9 5.6 4.9 Green Ext Time (p_c), s 4.3 1.4 0.1 3.2 1.4 Intersection Summary HCM 2010 Ctrl Delay 7.9 HCM 2010 LOS A 300 408 HCM 2010 TWSC 2: site access/Bridger Center & Bridger Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - No Project Synchro 8 Report JHB Page 3 Intersection Int Delay, s/veh 1.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 10 474 4 1 373 13 7 0 2 16 0 28 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 90 90 90 90 90 90 90 90 90 90 90 90 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 11 527 4 1 414 14 8 0 2 18 0 31 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 429 0 0 531 0 0 990 982 529 976 977 422 Stage 1 - - - - - - 551 551 - 424 424 - Stage 2 - - - - - - 439 431 - 552 553 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1130 - - 1036 - - 225 249 550 230 251 632 Stage 1 - - - - - - 519 515 - 608 587 - Stage 2 - - - - - - 597 583 - 518 514 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1130 - - 1036 - - 211 245 550 226 247 632 Mov Cap-2 Maneuver - - - - - - 211 245 - 226 247 - Stage 1 - - - - - - 512 508 - 599 586 - Stage 2 - - - - - - 567 582 - 509 507 - Approach EB WB NB SB HCM Control Delay, s 0.2 0 20.4 15.8 HCM LOS C C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 244 1130 - - 1036 - - 382 HCM Lane V/C Ratio 0.041 0.01 - - 0.001 - - 0.128 HCM Control Delay (s) 20.4 8.2 0 - 8.5 0 - 15.8 HCM Lane LOS C A A - A A - C HCM 95th %tile Q(veh) 0.1 0 - - 0 - - 0.4 301 409 HCM 2010 TWSC 3: Bridger Dr & Birdie Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - No Project Synchro 8 Report JHB Page 4 Intersection Int Delay, s/veh 0.8 Movement EBL EBT WBT WBR SBL SBR Vol, veh/h 42 437 342 0 3 29 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 46 475 372 0 3 32 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 372 0 - 0 938 372 Stage 1 - - - - 372 - Stage 2 - - - - 566 - Critical Hdwy 4.12 - - - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy 2.218 - - - 3.518 3.318 Pot Cap-1 Maneuver 1186 - - - 293 674 Stage 1 - - - - 697 - Stage 2 - - - - 568 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1186 - - - 277 674 Mov Cap-2 Maneuver - - - - 277 - Stage 1 - - - - 697 - Stage 2 - - - - 538 - Approach EB WB SB HCM Control Delay, s 0.7 0 11.4 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h) 1186 - - - 594 HCM Lane V/C Ratio 0.038 - - - 0.059 HCM Control Delay (s) 8.2 0 - - 11.4 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0.1 - - - 0.2 302 410 HCM 2010 TWSC 4: Story Mill Rd & Bridger Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - No Project Synchro 8 Report JHB Page 5 Intersection Int Delay, s/veh 5.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 150 274 16 18 231 4 11 33 44 5 21 99 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 89 89 89 89 89 89 89 89 89 89 89 89 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 169 308 18 20 260 4 12 37 49 6 24 111 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 264 0 0 326 0 0 1024 958 317 999 965 262 Stage 1 - - - - - - 654 654 - 302 302 - Stage 2 - - - - - - 370 304 - 697 663 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1300 - - 1234 - - 214 257 724 222 255 777 Stage 1 - - - - - - 456 463 - 707 664 - Stage 2 - - - - - - 650 663 - 431 459 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1300 - - 1234 - - 145 212 724 156 210 777 Mov Cap-2 Maneuver - - - - - - 145 212 - 156 210 - Stage 1 - - - - - - 383 389 - 595 651 - Stage 2 - - - - - - 527 650 - 306 386 - Approach EB WB NB SB HCM Control Delay, s 2.8 0.6 22.7 15.5 HCM LOS C C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 301 1300 - - 1234 - - 482 HCM Lane V/C Ratio 0.328 0.13 - - 0.016 - - 0.291 HCM Control Delay (s) 22.7 8.2 0 - 8 0 - 15.5 HCM Lane LOS C A A - A A - C HCM 95th %tile Q(veh) 1.4 0.4 - - 0.1 - - 1.2 303 411 HCM 2010 TWSC 5: Story Mill Rd & Griffin Dr 4/27/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - No Project Synchro 8 Report JHB Page 6 Intersection Int Delay, s/veh 1.4 Movement EBL EBR NBL NBT SBT SBR Vol, veh/h 7 10 10 77 54 3 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 - - - - - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 8 11 11 85 59 3 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 168 61 63 0 - 0 Stage 1 61 - - - - - Stage 2 107 - - - - - Critical Hdwy 6.42 6.22 4.12 - - - Critical Hdwy Stg 1 5.42 - - - - - Critical Hdwy Stg 2 5.42 - - - - - Follow-up Hdwy 3.518 3.318 2.218 - - - Pot Cap-1 Maneuver 822 1004 1540 - - - Stage 1 962 - - - - - Stage 2 917 - - - - - Platoon blocked, % - - - Mov Cap-1 Maneuver 816 1004 1540 - - - Mov Cap-2 Maneuver 816 - - - - - Stage 1 962 - - - - - Stage 2 911 - - - - - Approach EB NB SB HCM Control Delay, s 9 0.8 0 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h) 1540 - 917 - - HCM Lane V/C Ratio 0.007 - 0.02 - - HCM Control Delay (s) 7.4 0 9 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0 - 0.1 - - 304 412 AM Peak Hour With Story Mill Park 305 413 HCM 2010 Signalized Intersection Summary 1: Rouse Ave/Bridger Dr & Griffin Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Volume (veh/h) 144 5 175 5 7 1 139 197 5 1 232 124 Number 7 4 14 3 8 18 5 2 12 1 6 16 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Adj Sat Flow, veh/h/ln 1900 1863 1863 1900 1863 1900 1863 1863 1900 1863 1863 1863 Adj Flow Rate, veh/h 150 5 182 5 7 1 145 205 5 1 242 129 Adj No. of Lanes 011010110111 Peak Hour Factor 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 Percent Heavy Veh, %222222222222 Cap, veh/h 553 10 462 246 233 25 597 928 23 577 498 424 Arrive On Green 0.19 0.19 0.19 0.19 0.19 0.19 0.10 0.51 0.51 0.27 0.27 0.27 Sat Flow, veh/h 1510 53 1583 327 1201 127 1774 1811 44 1167 1863 1583 Grp Volume(v), veh/h 155 0 182 13 0 0 145 0 210 1 242 129 Grp Sat Flow(s),veh/h/ln 1563 0 1583 1656 0 0 1774 0 1855 1167 1863 1583 Q Serve(g_s), s 0.0 0.0 2.5 0.0 0.0 0.0 1.4 0.0 1.7 0.0 3.0 1.8 Cycle Q Clear(g_c), s 2.1 0.0 2.5 0.2 0.0 0.0 1.4 0.0 1.7 0.0 3.0 1.8 Prop In Lane 0.97 1.00 0.38 0.08 1.00 0.02 1.00 1.00 Lane Grp Cap(c), veh/h 563 0 462 504 0 0 597 0 951 577 498 424 V/C Ratio(X) 0.28 0.00 0.39 0.03 0.00 0.00 0.24 0.00 0.22 0.00 0.49 0.30 Avail Cap(c_a), veh/h 1120 0 1086 1101 0 0 750 0 1772 993 1163 989 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 0.00 1.00 0.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 9.7 0.0 7.7 8.9 0.0 0.0 5.2 0.0 3.6 7.3 8.4 7.9 Incr Delay (d2), s/veh 0.3 0.0 0.5 0.0 0.0 0.0 0.2 0.0 0.1 0.0 0.7 0.4 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.1 0.0 1.1 0.1 0.0 0.0 0.6 0.0 0.8 0.0 1.6 0.8 LnGrp Delay(d),s/veh 10.0 0.0 8.3 8.9 0.0 0.0 5.4 0.0 3.8 7.3 9.1 8.3 LnGrp LOS A A A A AAAA Approach Vol, veh/h 337 13 355 372 Approach Delay, s/veh 9.0 8.9 4.4 8.9 Approach LOS AAAA Timer 12345678 Assigned Phs 2 4 5 6 8 Phs Duration (G+Y+Rc), s 17.9 9.3 6.7 11.3 9.3 Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.0 16.0 5.0 17.0 16.0 Max Q Clear Time (g_c+I1), s 3.7 4.5 3.4 5.0 2.2 Green Ext Time (p_c), s 2.9 1.2 0.1 2.3 1.3 Intersection Summary HCM 2010 Ctrl Delay 7.5 HCM 2010 LOS A 306 414 HCM 2010 TWSC 2: site access/Bridger Center & Bridger Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 3 Intersection Int Delay, s/veh 1.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 43 280 19 4 331 11 7 0 1 6 0 19 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 91 91 91 91 91 91 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 47 308 21 4 364 12 8 0 1 7 0 21 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 376 0 0 329 0 0 802 798 318 792 802 370 Stage 1 - - - - - - 413 413 - 379 379 - Stage 2 - - - - - - 389 385 - 413 423 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1182 - - 1231 - - 302 319 723 307 317 676 Stage 1 - - - - - - 616 594 - 643 615 - Stage 2 - - - - - - 635 611 - 616 588 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1182 - - 1231 - - 281 302 723 294 300 676 Mov Cap-2 Maneuver - - - - - - 281 302 - 294 300 - Stage 1 - - - - - - 586 565 - 611 613 - Stage 2 - - - - - - 613 609 - 585 559 - Approach EB WB NB SB HCM Control Delay, s 1 0.1 17.2 12.4 HCM LOS C B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 304 1182 - - 1231 - - 515 HCM Lane V/C Ratio 0.029 0.04 - - 0.004 - - 0.053 HCM Control Delay (s) 17.2 8.2 0 - 7.9 0 - 12.4 HCM Lane LOS C A A - A A - B HCM 95th %tile Q(veh) 0.1 0.1 - - 0 - - 0.2 307 415 HCM 2010 TWSC 3: Bridger Dr & Birdie Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 4 Intersection Int Delay, s/veh 0.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 21 252 4 1 308 2 4 0 0 1 0 32 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 23 274 4 1 335 2 4 0 0 1 0 35 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 337 0 0 278 0 0 677 661 276 660 662 336 Stage 1 - - - - - - 322 322 - 338 338 - Stage 2 - - - - - - 355 339 - 322 324 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1222 - - 1285 - - 367 383 763 376 382 706 Stage 1 - - - - - - 690 651 - 676 641 - Stage 2 - - - - - - 662 640 - 690 650 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1222 - - 1285 - - 343 374 763 369 373 706 Mov Cap-2 Maneuver - - - - - - 343 374 - 369 373 - Stage 1 - - - - - - 675 637 - 661 640 - Stage 2 - - - - - - 629 639 - 675 636 - Approach EB WB NB SB HCM Control Delay, s 0.6 0 15.6 10.5 HCM LOS C B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 343 1222 - - 1285 - - 687 HCM Lane V/C Ratio 0.013 0.019 - - 0.001 - - 0.052 HCM Control Delay (s) 15.6 8 0 - 7.8 0 - 10.5 HCM Lane LOS C A A - A A - B HCM 95th %tile Q(veh) 0 0.1 - - 0 - - 0.2 308 416 HCM 2010 TWSC 4: Story Mill Rd & Bridger Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 5 Intersection Int Delay, s/veh 5.5 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 83 164 6 41 195 3 11 15 14 4 41 105 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 88 88 88 88 88 88 88 88 88 88 88 88 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 94 186 7 47 222 3 12 17 16 5 47 119 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 225 0 0 193 0 0 777 696 190 711 698 223 Stage 1 - - - - - - 378 378 - 316 316 - Stage 2 - - - - - - 399 318 - 395 382 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1344 - - 1380 - - 314 365 852 348 364 817 Stage 1 - - - - - - 644 615 - 695 655 - Stage 2 - - - - - - 627 654 - 630 613 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1344 - - 1380 - - 218 323 852 299 323 817 Mov Cap-2 Maneuver - - - - - - 218 323 - 299 323 - Stage 1 - - - - - - 594 567 - 641 629 - Stage 2 - - - - - - 476 628 - 553 565 - Approach EB WB NB SB HCM Control Delay, s 2.6 1.3 16.7 14.3 HCM LOS C B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 353 1344 - - 1380 - - 558 HCM Lane V/C Ratio 0.129 0.07 - - 0.034 - - 0.305 HCM Control Delay (s) 16.7 7.9 0 - 7.7 0 - 14.3 HCM Lane LOS C A A - A A - B HCM 95th %tile Q(veh) 0.4 0.2 - - 0.1 - - 1.3 309 417 HCM 2010 TWSC 5: Story Mill Rd & Griffin Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 AM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 6 Intersection Int Delay, s/veh 1 Movement EBL EBR NBL NBT SBT SBR Vol, veh/h 4 8 8 51 92 5 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 - - - - - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 80 80 80 80 80 80 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 5 10 10 64 115 6 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 202 118 121 0 - 0 Stage 1 118 - - - - - Stage 2 84 - - - - - Critical Hdwy 6.42 6.22 4.12 - - - Critical Hdwy Stg 1 5.42 - - - - - Critical Hdwy Stg 2 5.42 - - - - - Follow-up Hdwy 3.518 3.318 2.218 - - - Pot Cap-1 Maneuver 787 934 1467 - - - Stage 1 907 - - - - - Stage 2 939 - - - - - Platoon blocked, % - - - Mov Cap-1 Maneuver 781 934 1467 - - - Mov Cap-2 Maneuver 781 - - - - - Stage 1 907 - - - - - Stage 2 932 - - - - - Approach EB NB SB HCM Control Delay, s 9.2 1 0 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h) 1467 - 877 - - HCM Lane V/C Ratio 0.007 - 0.017 - - HCM Control Delay (s) 7.5 0 9.2 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0 - 0.1 - - 310 418 PM Peak Hour With Story Mill Park 311 419 HCM 2010 Signalized Intersection Summary 1: Rouse Ave/Bridger Dr & Griffin Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Volume (veh/h) 171 9 192 8 9 1 163 362 9 1 261 182 Number 7 4 14 3 8 18 5 2 12 1 6 16 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Adj Sat Flow, veh/h/ln 1900 1863 1863 1900 1863 1900 1863 1863 1900 1863 1863 1863 Adj Flow Rate, veh/h 192 10 216 9 10 1 183 407 10 1 293 204 Adj No. of Lanes 011010110111 Peak Hour Factor 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 Percent Heavy Veh, %222222222222 Cap, veh/h 545 17 500 239 200 14 565 963 24 521 565 480 Arrive On Green 0.21 0.21 0.21 0.21 0.21 0.21 0.10 0.53 0.53 0.30 0.30 0.30 Sat Flow, veh/h 1509 79 1583 344 934 67 1774 1810 44 965 1863 1583 Grp Volume(v), veh/h 202 0 216 20 0 0 183 0 417 1 293 204 Grp Sat Flow(s),veh/h/ln 1587 0 1583 1346 0 0 1774 0 1855 965 1863 1583 Q Serve(g_s), s 0.0 0.0 3.4 0.0 0.0 0.0 1.9 0.0 4.3 0.0 4.1 3.2 Cycle Q Clear(g_c), s 3.2 0.0 3.4 3.2 0.0 0.0 1.9 0.0 4.3 0.0 4.1 3.2 Prop In Lane 0.95 1.00 0.45 0.05 1.00 0.02 1.00 1.00 Lane Grp Cap(c), veh/h 562 0 500 453 0 0 565 0 987 521 565 480 V/C Ratio(X) 0.36 0.00 0.43 0.04 0.00 0.00 0.32 0.00 0.42 0.00 0.52 0.42 Avail Cap(c_a), veh/h 979 0 966 879 0 0 722 0 1532 719 947 805 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 0.00 1.00 0.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 11.0 0.0 8.5 9.9 0.0 0.0 5.7 0.0 4.4 7.7 9.1 8.8 Incr Delay (d2), s/veh 0.4 0.0 0.6 0.0 0.0 0.0 0.3 0.0 0.3 0.0 0.7 0.6 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.6 0.0 1.6 0.1 0.0 0.0 1.0 0.0 2.2 0.0 2.2 1.5 LnGrp Delay(d),s/veh 11.4 0.0 9.1 9.9 0.0 0.0 6.0 0.0 4.7 7.7 9.8 9.4 LnGrp LOS B A A A AAAA Approach Vol, veh/h 418 20 600 498 Approach Delay, s/veh 10.2 9.9 5.1 9.6 Approach LOS BAAA Timer 12345678 Assigned Phs 2 4 5 6 8 Phs Duration (G+Y+Rc), s 20.8 10.7 7.2 13.5 10.7 Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.0 16.0 6.0 16.0 16.0 Max Q Clear Time (g_c+I1), s 6.3 5.4 3.9 6.1 5.2 Green Ext Time (p_c), s 4.7 1.5 0.1 3.5 1.5 Intersection Summary HCM 2010 Ctrl Delay 8.0 HCM 2010 LOS A 312 420 HCM 2010 TWSC 2: site access/Bridger Center & Bridger Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 3 Intersection Int Delay, s/veh 2 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 10 480 44 8 380 13 36 0 8 16 0 28 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 90 90 90 90 90 90 90 90 90 90 90 90 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 11 533 49 9 422 14 40 0 9 18 0 31 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 437 0 0 582 0 0 1043 1034 558 1031 1051 429 Stage 1 - - - - - - 580 580 - 447 447 - Stage 2 - - - - - - 463 454 - 584 604 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1123 - - 992 - - 207 232 529 211 227 626 Stage 1 - - - - - - 500 500 - 591 573 - Stage 2 - - - - - - 579 569 - 498 488 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1123 - - 992 - - 193 226 529 203 221 626 Mov Cap-2 Maneuver - - - - - - 193 226 - 203 221 - Stage 1 - - - - - - 493 493 - 582 566 - Stage 2 - - - - - - 544 562 - 482 481 - Approach EB WB NB SB HCM Control Delay, s 0.2 0.2 26.2 16.7 HCM LOS D C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 218 1123 - - 992 - - 356 HCM Lane V/C Ratio 0.224 0.01 - - 0.009 - - 0.137 HCM Control Delay (s) 26.2 8.2 0 - 8.7 0 - 16.7 HCM Lane LOS D A A - A A - C HCM 95th %tile Q(veh) 0.8 0 - - 0 - - 0.5 313 421 HCM 2010 TWSC 3: Bridger Dr & Birdie Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 4 Intersection Int Delay, s/veh 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 42 443 6 1 349 0 7 0 1 3 0 29 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 46 482 7 1 379 0 8 0 1 3 0 32 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 379 0 0 488 0 0 973 958 485 959 961 379 Stage 1 - - - - - - 576 576 - 382 382 - Stage 2 - - - - - - 397 382 - 577 579 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1179 - - 1075 - - 231 257 582 237 256 668 Stage 1 - - - - - - 503 502 - 640 613 - Stage 2 - - - - - - 629 613 - 502 501 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1179 - - 1075 - - 211 243 582 227 242 668 Mov Cap-2 Maneuver - - - - - - 211 243 - 227 242 - Stage 1 - - - - - - 476 475 - 605 612 - Stage 2 - - - - - - 599 612 - 474 474 - Approach EB WB NB SB HCM Control Delay, s 0.7 0 21.3 11.8 HCM LOS C B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 229 1179 - - 1075 - - 565 HCM Lane V/C Ratio 0.038 0.039 - - 0.001 - - 0.062 HCM Control Delay (s) 21.3 8.2 0 - 8.4 0 - 11.8 HCM Lane LOS C A A - A A - B HCM 95th %tile Q(veh) 0.1 0.1 - - 0 - - 0.2 314 422 HCM 2010 TWSC 4: Story Mill Rd & Bridger Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 5 Intersection Int Delay, s/veh 6.2 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 151 276 20 18 233 4 16 33 44 5 21 100 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 89 89 89 89 89 89 89 89 89 89 89 89 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 170 310 22 20 262 4 18 37 49 6 24 112 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 266 0 0 333 0 0 1033 968 321 1008 976 264 Stage 1 - - - - - - 661 661 - 304 304 - Stage 2 - - - - - - 372 307 - 704 672 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1298 - - 1226 - - 211 254 720 219 251 775 Stage 1 - - - - - - 452 460 - 705 663 - Stage 2 - - - - - - 648 661 - 428 454 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1298 - - 1226 - - 143 209 720 153 207 775 Mov Cap-2 Maneuver - - - - - - 143 209 - 153 207 - Stage 1 - - - - - - 379 386 - 591 650 - Stage 2 - - - - - - 524 648 - 302 381 - Approach EB WB NB SB HCM Control Delay, s 2.8 0.6 25.2 15.6 HCM LOS D C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 281 1298 - - 1226 - - 479 HCM Lane V/C Ratio 0.372 0.131 - - 0.016 - - 0.296 HCM Control Delay (s) 25.2 8.2 0 - 8 0 - 15.6 HCM Lane LOS D A A - A A - C HCM 95th %tile Q(veh) 1.7 0.5 - - 0.1 - - 1.2 315 423 HCM 2010 TWSC 5: Story Mill Rd & Griffin Dr 5/2/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park Synchro 8 Report JHB Page 6 Intersection Int Delay, s/veh 1.3 Movement EBL EBR NBL NBT SBT SBR Vol, veh/h 7 10 10 82 58 3 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 - - - - - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 8 11 11 90 64 3 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 177 65 67 0 - 0 Stage 1 65 - - - - - Stage 2 112 - - - - - Critical Hdwy 6.42 6.22 4.12 - - - Critical Hdwy Stg 1 5.42 - - - - - Critical Hdwy Stg 2 5.42 - - - - - Follow-up Hdwy 3.518 3.318 2.218 - - - Pot Cap-1 Maneuver 813 999 1535 - - - Stage 1 958 - - - - - Stage 2 913 - - - - - Platoon blocked, % - - - Mov Cap-1 Maneuver 806 999 1535 - - - Mov Cap-2 Maneuver 806 - - - - - Stage 1 958 - - - - - Stage 2 906 - - - - - Approach EB NB SB HCM Control Delay, s 9 0.8 0 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h) 1535 - 909 - - HCM Lane V/C Ratio 0.007 - 0.021 - - HCM Control Delay (s) 7.4 0 9 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0 - 0.1 - - 316 424 AM Peak Hour With Story Mill Park Mitigated 317 425 HCM 2010 TWSC 2: site access/Bridger Center & Bridger Dr 5/4/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park - MITIGATED Synchro 8 Report JHB Page 1 Intersection Int Delay, s/veh 1.6 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 10 480 44 8 380 13 36 0 8 16 0 28 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 1 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 90 90 90 90 90 90 90 90 90 90 90 90 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 11 533 49 9 422 14 40 0 9 18 0 31 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 437 0 0 582 0 0 1043 1034 558 1031 1051 429 Stage 1 - - - - - - 580 580 - 447 447 - Stage 2 - - - - - - 463 454 - 584 604 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1123 - - 992 - - 207 232 529 211 227 626 Stage 1 - - - - - - 500 500 - 591 573 - Stage 2 - - - - - - 579 569 - 498 488 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1123 - - 992 - - 193 226 529 203 221 626 Mov Cap-2 Maneuver - - - - - - 322 340 - 203 221 - Stage 1 - - - - - - 493 493 - 582 566 - Stage 2 - - - - - - 544 562 - 482 481 - Approach EB WB NB SB HCM Control Delay, s 0.2 0.2 17.1 16.7 HCM LOS C C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 347 1123 - - 992 - - 356 HCM Lane V/C Ratio 0.141 0.01 - - 0.009 - - 0.137 HCM Control Delay (s) 17.1 8.2 0 - 8.7 0 - 16.7 HCM Lane LOS C A A - A A - C HCM 95th %tile Q(veh) 0.5 0 - - 0 - - 0.5 318 426 HCM 2010 TWSC 4: Story Mill Rd & Bridger Dr 5/4/2016 Story Mill Park Traffic Analysis 4/12/2016 PM Peak Hour - WITH Story Mill Park - MITIGATED Synchro 8 Report JHB Page 1 Intersection Int Delay, s/veh 5.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Vol, veh/h 151 276 20 18 233 4 16 33 44 5 21 100 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - 50 - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 89 89 89 89 89 89 89 89 89 89 89 89 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 170 310 22 20 262 4 18 37 49 6 24 112 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 266 0 0 333 0 0 1033 968 321 983 976 264 Stage 1 - - - - - - 661 661 - 304 304 - Stage 2 - - - - - - 372 307 - 679 672 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1298 - - 1226 - - 211 254 720 228 251 775 Stage 1 - - - - - - 452 460 - 705 663 - Stage 2 - - - - - - 648 661 - 441 454 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1298 - - 1226 - - 143 209 720 159 207 775 Mov Cap-2 Maneuver - - - - - - 143 209 - 159 207 - Stage 1 - - - - - - 379 386 - 591 650 - Stage 2 - - - - - - 524 648 - 311 381 - Approach EB WB NB SB HCM Control Delay, s 2.8 0.6 22.4 15.6 HCM LOS C C Minor Lane/Major Mvmt NBLn1NBLn2 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 182 720 1298 - - 1226 - - 481 HCM Lane V/C Ratio 0.303 0.069 0.131 - - 0.016 - - 0.294 HCM Control Delay (s) 33.1 10.4 8.2 0 - 8 0 - 15.6 HCM Lane LOS D B A A - A A - C HCM 95th %tile Q(veh) 1.2 0.2 0.5 - - 0.1 - - 1.2 319 427 Appendix D ROADWAY LOS CRITERIA 320 428 2012 FDOT QUALITY/LEVEL OF SERVICE HANDBOOK TABLES TABLE 2 Generalized Annual Average Daily Volumes for Florida’s Transitioning Areas and Areas Over 5,000 Not In Urbanized Areas1 12/18/12 INTERRUPTED FLOW FACILITIES UNINTERRUPTED FLOW FACILITIES Non-State Signalized Roadway Adjustments (Alter corresponding state volumes by the indicated percent.) Non-State Signalized Roadways - 10% STATE SIGNALIZED ARTERIALS Class I (40 mph or higher posted speed limit) Lanes Median B C D E 2 Undivided * 14,400 16,200 ** 4 Divided * 34,000 35,500 ** 6 Divided * 52,100 53,500 ** Class II (35 mph or slower posted speed limit) Lanes Median B C D E 2 Undivided * 6,500 13,300 14,200 4 Divided * 9,900 28,800 31,600 6 Divided * 16,000 44,900 47,600 Freeway Adjustments Auxiliary Lanes Present in Both Directions Ramp Metering + 20,000 + 5% FREEWAYS Lanes B C D E 4 44,100 57,600 68,900 71,700 6 65,100 85,600 102,200 111,000 8 85,100 113,700 135,200 150,000 10 106,200 141,700 168,800 189,000 Median & Turn Lane Adjustments Lanes Median Exclusive Left Lanes Exclusive Right Lanes Adjustment Factors 2 Divided Yes No +5% 2 Undivided No No -20% Multi Undivided Yes No -5% Multi Undivided No No -25% – – – Yes + 5% One-Way Facility Adjustment Multiply the corresponding two-directional volumes in this table by 0.6 UNINTERRUPTED FLOW HIGHWAYS Lanes Median B C D E 2 Undivided 9,200 17,300 24,400 33,300 4 Divided 35,300 49,600 62,900 69,600 6 Divided 52,800 74,500 94,300 104,500 Uninterrupted Flow Highway Adjustments Lanes Median Exclusive left lanes Adjustment factors 2 Divided Yes +5% Multi Undivided Yes -5% Multi Undivided No -25% BICYCLE MODE2 (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two-way maximum service volumes.) Paved Shoulder/Bicycle Lane Coverage B C D E 0-49% * 2,600 6,100 19,500 50-84% 1,900 5,500 18,400 >19,500 85-100% 7,500 19,500 >19,500 ** PEDESTRIAN MODE2 (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two-way maximum service volumes.) Sidewalk Coverage B C D E 0-49% * * 2,800 9,400 50-84% * 1,600 8,600 15,600 85-100% 3,800 10,500 17,100 >19,500 BUS MODE (Scheduled Fixed Route)3 (Buses in peak hour in peak direction) Sidewalk Coverage B C D E 0-84% > 5 ≥ 4 ≥ 3 ≥ 2 85-100% > 4 ≥ 3 ≥ 2 ≥ 1 1Values shown are presented as two-way annual average daily volumes for levels of service and are for the automobile/truck modes unless specifically stated. This table does not constitute a standard and should be used only for general planning applications. The computer models from which this table is derived should be used for more specific planning applications. The table and deriving computer models should not be used for corridor or intersection design, where more refined techniques exist. Calculations are based on planning applications of the Highway Capacity Manual and the Transit Capacity and Quality of Service Manual. 2 Level of service for the bicycle and pedestrian modes in this table is based on number of motorized vehicles, not number of bicyclists or pedestrians using the facility. 3 Buses per hour shown are only for the peak hour in the single direction of the higher traffic flow. * Cannot be achieved using table input value defaults. ** Not applicable for that level of service letter grade. For the automobile mode, volumes greater than level of service D become F because intersection capacities have been reached. For the bicycle mode, the level of service letter grade (including F) is not achievable because there is no maximum vehicle volume threshold using table input value defaults. Source: Florida Department of Transportation Systems Planning Office www.dot.state.fl.us/planning/systems/sm/los/default.shtm 321 429 Appendix E TURN LANE WARRANT CRITERIA 322 430 323431 324432 Appendix D - Parking Generation 325 433 326434 327435 328436 329437 330438 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 of this 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 Exhibit C 439 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 4 440 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 4 441 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 4 442 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5454 Intent to Create a Special Improvement Lighting District 776 for Eastlake Professional Center MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5454, Intent to Create Special Improvement Lighting District #776 for Eastlake Professional Center 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:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is 443 estimated to cost $37.97 per acre within the district or $228.00 annually for the entire district; or on an average size lot of 65,384 square feet, the annual estimated cost would be $57.01, which is payable semiannually. Attachments: Resolution 5454-Intent to Create SILD 776.docx Schedule A.pdf Exhibit B-Eastlake Professional Center.pdf Report compiled on: November 4, 2022 444 Page 1 of 10 RESOLUTION 5454 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 776 (EASTLAKE PROFESSIONAL CENTER)DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Create District; Proposed Improvements.It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Eastlake Professional Center (the “District”) for the purpose of maintenance and energy costs.The district will pay the maintenance and energy costs for three (3) Signify Lumec RoadFocus 32 LED 35 watt single 6 foot masterarm luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards and one (1) Signify Lumec RoadFocus 16 LED 35 watt single 6 foot mastarm luminaire on round tapered steel pole, mounted at 30 feet per City of Bozeman standards. The poles will be K-KLAD over galvanized –Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $3.75 per 32 LED fixture and $7.75 per 16 LED fixture. This calculates to $19.00 monthly or $228.00 annually. 445 Resolution 5454, Intent to Create Lighting District 776 Page 2 of 10 Section 2 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No. 776 (Eastlake Professional Center) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5.The annual maintenance and energy costsare estimated at $228.00, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive 446 Resolution 5454, Intent to Create Lighting District 776 Page 3 of 10 of streets, avenuesand alleys.The total area of the District to be assessed is 6.004acres, or 261,534 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $37.97 or $0.000872 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $228.00, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $121.25 per acre, or $0.002784 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to 447 Resolution 5454, Intent to Create Lighting District 776 Page 4 of 10 discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (January 30, 2023) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on February 14, 2023 at 6 pm in BozemanCity Hall, City Commission Room, 121 N Rouse Ave. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county January 15, 2023 and January 22, 2023, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10th day of January, 2023. ___________________________________ CYNTHIA ANDRUS 448 Resolution 5454, Intent to Create Lighting District 776 Page 5 of 10 Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 449 Resolution 5454, Intent to Create Lighting District 776 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5454, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 776 (EASTLAKE PROFESSIONAL CENTER) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on January 10, 2023, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 10 th day of January, 2023. ___________________________________ MIKE MAAS City Clerk 450 Resolution 5454, Intent to Create Lighting District 776 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 776 (EASTLAKE PROFESSIONAL CENTER) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on January 10, 2023, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5454 to create Special Improvement Lighting District No. 776 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to EASTLAKE PROFESSIONAL CENTER, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5454 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for three (3) Signify Lumec RoadFocus 32 LED 35 watt single 6 foot masterarm luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards and one (1) Signify Lumec RoadFocus 16 LED 35 watt single 6 foot mastarm luminaire on round tapered steel pole, mounted at 30 feet per City of Bozeman standards. The poles will be K-KLAD over galvanized – Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $3.75 per 32 LED fixture and $7.75 per 16 LED fixture. This calculates to $19.00 monthly or $228.00 annually. All properties in the District will be assessed for their proportionate share of the costs of the Improvements on an “area basis” annually and will be payable in equal semiannual installments. The annual maintenance and energy costs are estimated at $228.00, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 6.004 acres, 451 Resolution 5454, Intent to Create Lighting District 776 or 261,534.24 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $37.97. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $121.25 per acre, or $0.002784 per square foot. On Tuesday, February 14, 2023, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to hear and pass upon all written protests against the creation or extension of the District, or the Improvements. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., onJanuary 30, 2023. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. DATED this 10th day of January, 2023. Mike Maas City Clerk City of Bozeman 452 Resolution 5454, Intent to Create Lighting District 776 Legal Ad Publication Dates: Sunday, January 15, 2023 Sunday, January 22, 2023 453 Resolution 5454, Intent to Create Lighting District 776 RESOLUTION 5454 Resolution of Intent to create SILD No.776 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to EASTLAKE PROFESSIONAL CENTER, and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Mike Maas, City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regards to the owners in Special Improvement Lighting District No. 776, as listed in Exhibit "B", on Friday, January 13, 2023, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Mike Maas City Clerk Subscribed and sworn before me this 13 th day of January, 2023. (Notarial Seal) _______________________________ Printed Name____________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 454 S EEEE E ECh Brg=N18°44'59"E Ch Dist=263.30'''''''''''''''''''''''''''''''''''''''''L=267.59' [267.56'] R=430.00'N00°54'39"E 486.42'S89°50'55"W 462.44'S00°54'50"W 608.87'S53°26'06"E 379.86'N36°34'58"E 125.31'E E E E E E E E E E E E E E E E E E EEEEEEEEEEEEEE EEEEEEEEEEE EEEEEE E E E E E E E E E E E E E E E E EEE E E E E E E E E E EEEE EEEEEEEEEEEEEEEEEEEEEEEEEEEEEE EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE EEEEE EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE EEEEE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E B16-089 SILD BOUNDARY EXHIBITSILD BOUNDARY EXHIBIT .DWGEXHIB_ASHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:REV DATE REVISION EAST LAKE PROFESSIONAL CENTER BOZEMAN, MONTANA B16-08904/2022170/14.DWGSEJTJWKLSEngineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.com LEGAL DESCRIPTION:A tract of land being Lot 1A of Minor Subdivision No. 221E, said tract beinglocated in the Southwest Quarter of Section 26, Township 1 South, Range5 East, Principal Meridian Montana, City of Bozeman, Gallatin County,Montana.EXHIBIT __A SPECIAL IMPROVEMENT LIGHTING DISTRICT TO SERVE EASTLAKEPROFESSIONAL CENTER SUBDIVIISIONLEGENDSYMBOLDESCRIPTION455 Exhibit B-Eastlake Professional Center.xlsx 10/25/2022/10:19 AM OPEN Assess Acct #Lot Acres Sq Ft SPACE Sq Ft Owner Owner Address City, State Zip 1 N 27th Ave 0.74000 32,234 32,234.40 Eastlake Professional Center LLC 1209 N Orange St Wilington, DE 19801 2 N 27th Ave 1.28200 55,844 55,843.92 Eastlake Professional Center LLC 1209 N Orange St Wilington, DE 19801 3 N 27th Ave 2.05700 89,603 89,602.92 Eastlake Professional Center LLC 1209 N Orange St Wilington, DE 19801 4 N 27th Ave 1.92500 83,853 83,853.00 Eastlake Professional Center LLC 1209 N Orange St Wilington, DE 19801 261,534.24 0 261,534.24 Address EASTLAKE PROFESSIONAL CENTER Original #149090 456 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5456 Intent to Create a Special Improvement Lighting District 777 for Billings Clinic Bozeman Campus MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5456, Intent to Create Special Improvement Lighting District #777 for Billings Clinic Bozeman Campus. 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:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is 457 estimated to cost $6.43 per acre within the district or $373.08 annually for the entire district, or on an average size lot of 2,527,874.00 square feet the annual estimated cost would be $373.08, which is payable semiannually Attachments: Resolution 5456-Intent to Create SILD 777.docx Exhibit A.pdf Exhibit B-Billings Clinic Bozeman.pdf Report compiled on: November 4, 2022 458 Page 1 of 10 RESOLUTION 5456 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 777 (BILLINGS CLINIC BOZEMAN CAMPUS)DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Create District; Proposed Improvements.It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Billings Clinic Bozeman Campus (the “District”) for the purpose of maintenance and energy costs.The district will pay the maintenance and energy costs for fifteen (15) Signify Lumec RoadFocus large LED Cobrahead 35 watt single upsweep luminaires on round tapered steel poles, mounted at 25 feet per City of Bozeman standards and four (4) Signify Lumec RoadFocus large LED Cobrahead 60 watt single upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards. The poles will be K-KLAD over galvanized –Black. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.47 per 35 watt LED fixture or; $21.99 total for all 35 watt fixtures, and $2.28 per 60 watt LED fixture or; $9.10 for all 60 watt 459 Resolution 5456, Intent to Create Lighting District 777 Page 2 of 10 fixtures. This calculates to $373.08 annually. Section 2 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No. 777 (Billings Clinic Bozeman Campus) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5.The annual maintenance and energy costsare estimated at $373.08, andshall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such 460 Resolution 5456, Intent to Create Lighting District 777 Page 3 of 10 lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 58.04 acres, or 2,527,874 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $6.43 or $0.000148 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $373.08, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $15.04 per acre, or $0.000346 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the 461 Resolution 5456, Intent to Create Lighting District 777 Page 4 of 10 Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (January 30, 2023) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on February 14, 2023 at 6 pm in Bozeman City Hall, City Commission Room, 121 N Rouse Ave. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on January 15, 2023 and January 22, 2023, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10th day of January, 2023. ___________________________________ 462 Resolution 5456, Intent to Create Lighting District 777 Page 5 of 10 CYNTHIA ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 463 Resolution 5456, Intent to Create Lighting District 777 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5456, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 777 (BILLINGS CLINIC BOZEMAN CAMPUS) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on January 10, 2023, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 10 th day of January, 2023. ___________________________________ MIKE MAAS City Clerk 464 Resolution 5456, Intent to Create Lighting District 777 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 777 (BILLINGS CLINIC BOZEMAN CAMPUS) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on January 10, 2023, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5456 to create Special Improvement Lighting District No. 777 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to BILLINGS CLINIC BOZEMAN CAMPUS, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5456 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for fifteen (15) Signify Lumec RoadFocus large LED Cobrahead 35 watt single upsweep luminaires on round tapered steel poles, mounted at 25 feet per City of Bozeman standards and four (4) Signify Lumec RoadFocus large LED Cobrahead 60 watt single upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards. The poles will be K-KLAD over galvanized – Black. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.47 per 35 watt LED fixture or; $21.99 total for all 35 watt fixtures, and $2.28 per 60 watt LED fixture or; $9.10 for all 60 watt fixtures. This calculates to $373.08 annually. All properties in the District will be assessed for their proportionate share of the costs of the Improvements on an “area basis” annually and will be payable in equal semiannual installments. The annual maintenance and energy costs are estimated at $373.08, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, 465 Resolution 5456, Intent to Create Lighting District 777 exclusive of streets, avenues and alleys. The total area of the District to be assessed is 58.04 acres, or 2,527,874 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $6.43. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $15.04 per acre, or $0.000346 per square foot. On Tuesday, January 10, 2023, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to hear and pass upon all written protests against the creation or extension of the District, or the Improvements. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., onJanuary 30, 2023. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. DATED this 13th day of January, 2023. Mike Maas City Clerk 466 Resolution 5456, Intent to Create Lighting District 777 City of Bozeman Legal Ad Publication Dates: Sunday, January 15, 2023 Sunday, January 22, 2023 467 Resolution 5456, Intent to Create Lighting District 777 RESOLUTION 5456 Resolution of Intent to create SILD No.777 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to BILLINGS CLINIC BOZEMAN CAMPUS, and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Mike Maas, City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regards to the owners in Special Improvement Lighting District No. 777, as listed in Exhibit "B", on Friday, January 13, 2023, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Mike Maas City Clerk Subscribed and sworn before me this 13 th day of January, 2023. (Notarial Seal) _______________________________ Printed Name____________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 468 0100SCALE: 1" = 100'20050100NORTHNOTE:-EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. THEENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICE LINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BESTRAIGHT LINES OR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITY COMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS.-ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6TH EDITION, APRIL, 2010, AND THE CITY OFBOZEMAN STANDARD MODIFICATIONS, DATED MARCH 31, 2011, WITH ADDENDUM.-UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED INTHE STATE WHERE THE PROJECT IS LOCATED AND BY A PARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTION LAYOUT AND STAKING TECHNIQUES ASARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEING PERFORMED.FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION SILD BOUNDARY MAP BILLINGS CLINIC BOZEMAN CAMPUS PHASE I INFRASTRUCTURE IMPROVEMENTS BOZEMAN, MONTANAC3.1- 15063_02_OVERALL_PROD.DWG BG -- - - - - - - - - - - - - -- 15063.02STREET LIGHT (TYP.)STREET LIGHT (TYP.)STREET LIGHT (TYP.)BILLINGS CLINIC BOZEMANCAMPUS SILD BOUNDARYBILLINGS CLINIC BOZEMANCAMPUS SILD BOUNDARYBILLINGS CLINIC BOZEMANCAMPUS SILD BOUNDARYP:\15063_02_Minor_Sub_221_Blgs_Clinic_Boz_Off-Site_Imp_PM\CADD_C3D\PRODUCTION_DWG\ON-SITE\NEW ON-SITE 051220\15063_02_OVERALL_PROD.dwg, C3.1 (2), 8/19/2022 9:51:24 AM,DWG To PDF.pc3, ARCH full bleed D (24.00 x 36.00 Inches), 1:1 469 Exhibit B-Billings Clinic Bozeman.xlsx 10/25/2022/8:27 AM OWNER-OPEN Assess Acct #Blk Lot Sq Ft SHIP SPACE Sq Ft Owner Owner Address City, State Zip 2A-1 2A-1 4900 Westlake Rd 2,527,874 100.0000%0 2,527,874.00 Billings Clinic 3901 Wellness Way Bozeman, MT 59718 2,527,874.00 100.00%0 2,527,874.00 Address BILLINGS CLINIC BOZEMAN CAMPUS Original #192320 4900 Westlake RD 470 Memorandum REPORT TO:City Commission FROM:Anna Saverud, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT:Ordinance 2065, Final Adoption of Ordinance 2065 Generally Revising the Purchase and Disposition of Municipal Property MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:I move to approve the Final Adoption of Ordinance 2065 Generally revising the Purchase and Disposition of Municipal Property. STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:Over the last half decade, as the City has been involved in numerous real property transactions, the City Attorney’s Office and other staff have recognized a need to update the City’s municipal code regarding how real property transactions are managed. Ordinance 2065 addresses a number of issues. First, the ordinance clarifies procedures for the acquisition of City property and the transfer of City property. Second, the ordinance includes items which are not currently addressed in the municipal code but we feel should be, including such things as water rights, and issuing licenses, leases, and permits that affect real property. Finally, Ordinance 2065 provides authority for the administrative acceptance of rights-of-way and dedications of infrastructure – a solution we feel will increase efficiencies related to development review. Structurally, Ordinance 2065 repeals and replaces current Chapter 2 Article 6 Division 5 (Acquisition and Transfer of City Property), BMC, with a new Chapter 2 (Administration) Article 8 (Property) Division 1 (Real Property). The proposed revisions incorporate much of the current code but diversify the Commission’s ability to dispose of city owned real property to further Commission priorities. Authority to acquire, sell, exchange or donate real property We propose to maintain certain procedural requirements that exist in the current municipal code while clarifying how the procedures will occur. For example, prior to any sale, exchange or donation of any real property, the Commission must hold a public hearing to determine if the property is no 471 longer necessary to conduct city business or that the public interest may be furthered by the sale, exchange or donation. The determination regarding necessity or the furtherance of the public benefit is made by two-thirds vote of all Commissioners. Next, the final decision to transfer City-owned property must be made at a subsequent public hearing where the Commission will decide whether to approve an ordinance for a specific sale, exchange, or donation. The decision on the ordinance must also be made by a two-thirds vote of all Commissioners. The two-thirds vote requirement is derived from State law, has been codified in the municipal code, and has been standard practice for the city. While we are not proposing to adjust the super-majority rule, please know that pursuant to opinions of the Montana Attorney General, the Commission may make these decisions by a simple majority. The authority to acquire, manage and dispose of real property belongs to the Commission. As a general rule, a sale of city property requires an appraisal and may not be sold for less than 90% of appraised value. This rule is not proposed to change with this ordinance; however, under the existing code requirements, the only property allowed to be sold at a reduced rate or donated are historic properties and these must be transferred to entities that would preserve or restore the property. Ordinance 2065 continues to enable selling historic property for a reduced rate; however, to aid in furthering Commission priorities, we propose to add additional topics for which the Commission may sell at a reduced rate. These include aiding in economic development priorities, providing emergency shelter and affordable housing, and to further the City’s climate action and sustainability objectives. Next, the current code allows the city to exchange property for another property of equivalent value; however, currently, the only consideration for “equivalent value” is monetary. This ordinance allows the Commission to consider a number of public benefits as consideration in determining if property in an exchange is of equivalent value. The determination of sufficient consideration for an exchange by majority vote of the Commission. Moreover, Ordinance 2065 addresses transfers with other governmental entities by providing authority to sell at a reduced rate, exchange the property, or donate real property if the property will continue to be used for governmental purposes. Delegation of authority to City Manager Acquisitions of interests in water Currently the municipal code is silent as to the authority to acquire interests in water (rights or shares) but in practice staff and the city manager negotiate and enter into these agreements subject to available funds. It is staff’s recommendation to codify this practice to establish a clear delegation of authority. Granting of a license to use city property A license agreement grants the right to use real property, is limited in duration, and benefits a certain party. Importantly, it does not create a property interest. In the past, the Commission would grant licenses, while at 472 other times the city manager or parking commission would grant a license. Ordinance 2065 proposes authority to approve these non-property interest license agreements be delegated to the city manager or the parking commission, as appropriate. Granting and Dedication of easements The Commission currently reviews on the consent agenda every grant or acceptance of rights-of-way or public infrastructure associated with a development project. The acceptance or transfer of rights-of-way may implement a site plan approved by the director of community development and include things such as streets, sewer and water lines, or parks and trails. These easements may also come before the Commission as part of final plat. Examples of other easements frequently seen on the consent agenda include temporary easements to allow for improvements to be completed to public infrastructure. The delegation of this authority to the City Manager will eliminate approximately two weeks on obtaining the approval of an easement, and save staff time preparing Commission memos. For dedications required as part of a final subdivision plat, in compliance with State law, the acceptance of infrastructure or an easement will require the Commission’s approval of the final plat before the dedication or easement can be accepted. Provisional Adoption of Ordinance 2065 was brought before the City Commission on December 13, 2023 and was approved unanimously. UNRESOLVED ISSUES:None. ALTERNATIVES:At discretion of City Commission. FISCAL EFFECTS:None. Attachments: Ordinance 2065 Final Adoption.pdf Report compiled on: December 30, 2022 473 Ordinance 2065 Page 1 of 9 ORDINANCE NO. 2065 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REPEALING CHAPTER 2, ARTICLE 6, DIVISION 5 OF THE BOZEMAN MUNICIPAL CODE AND ADDING CHAPTER 2, ARTICLE 8, DIVISION 1 TO BE ENTITLED REAL PROPERTY; AND GENERALLY REVISING THE ENABLING LEGISLATION FOR THE PURCHASE AND DISPOSAL OF REAL PROPERTY, INTERESTS IN WATER, AND THE GRANTING AND ACCEPTANCE OF EASEMENTS; AND CLARIFYING SAID DIVISION SUPERSEDES STATE LAW. WHEREAS, the City of Bozeman has adopted self-government powers and those powers are enumerated in its Charter, and the laws and Constitution of the State of Montana; and WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, pursuant to §7-8-101(2) and (3), MCA the City may sell or trade to any county or political subdivision any property, however held or acquired, that is not necessary for the conduct of the city or town business; and WHEREAS, pursuant to §7-8-103(2), MCA the City is empowered and given the right to accept, receive, take, hold, own and possess any gift, donation, grant, devise, or bequest, any real property; any improved or unimproved park or playground; any water, water right, water reservoir, or watershed; any timberland reserve; any fish or game reserve in any part of the state and to own, hold, work, and improve the same; and WHEREAS, pursuant to §7-8-4201, MCA the City may sell, dispose of, donate, or lease any property belonging to the city; and WHEREAS, pursuant to §7-14-4101, MCA the City has the authority to establish, alter, and maintain traffic ways and public grounds; and 474 Ordinance 2065 Page 2 of 9 WHEREAS, the City is subject to the restrictions of Article X, Section 6, of the Montana Constitution when disposing of city owned real property; and WHEREAS, pursuant to Attorney General Opinions 43 Op. Atty. Gen. No. 41 and 43 Op. Atty. Gen. No. 55 the City pursuant to its self-government powers may dispose of city property however acquired including property held in trust for a specific purpose and sell property by a simple majority; and WHEREAS, the city commission recognizes these revisions are necessary to clarify processes for the disposal of city owned real property; to codify that disposal of city property that will preserve historical properties, provide for economic development, provide for affordable housing, or for purposes that further the climate action and sustainability goals of the city may be sold for less than appraised value subject to conditions; and increase efficiencies in the process to obtain interests in water as well as the granting and accepting of easements of real property, rights- of-way, or public infrastructure. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the entirety of current Chapter 2, Article 6, Division 5 of the Bozeman Municipal Code is hereby repealed and the division reserved. Section 2 That under Chapter 2, Bozeman Municipal Code, a new Article 8 and Division 1 shall be created and shall be codified as follows: ARTICLE 8 – PROPERTY DIVISION 1. –REAL PROPERTY Sec. 2.08.100. - Authorization for city to obtain property. Sec. 2.08.110. – Acquisition of interests in water. Sec. 2.08.120. - Authorization for city to sell, donate, and exchange city property. Sec. 2.08.130. - Appraisal required for acquisition and disposal of real property; exceptions. Sec. 2.08.140. - Additional requirements for sales, donations and exchanges. Sec. 2.08.150. - Terms of sale. Sec. 2.08.160. - Lease of city property. Sec. 2.08.170. - Easements. Sec. 2.08.180. – Use of proceeds of property disposition. Sec. 2.08.190. - State law superseded. 475 Ordinance 2065 Page 3 of 9 Sec. 2.08.100. - Authorization for city to obtain property. Except as may otherwise be provided by this code, the city commission has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to purchase and accept by donation or exchange any real property necessary for the use of the city and to preserve, take care of, manage, and control the same. The city manager may enter into leases on behalf of the city for the purposes of providing facilities for city operations. Sec. 2.08.110 - Acquisition of interests in water. The city manager may, subject to the availability of funds, purchase or otherwise acquire any interests or rights in water including the acquisition of shares in a water project or entity for and on behalf of the city. Sec. 2.08.120. - Authorization for city to sell, donate, and exchange city property. A. The city commission has the jurisdiction and power to sell, donate, or exchange any real property belonging to the city, however acquired, including property held in trust for a specific purpose. The city manager may enter into agreements to sell, donate, or exchange real property subject to ratification by the city commission and compliance with this division. B. Any sale, donation, or exchange of real property must be accomplished under the provisions of this division. C. In an exchange of real property, an exchange of city property may not be made unless property received in exchange for the city property is of an equivalent value. If the properties are not of equivalent values, the exchange may be completed if the city receives sufficient consideration approved by a majority of the city commission, in addition to the delivery of title. Sufficient consideration may include but is not limited to financial compensation or a public benefit as determined by a majority of the city commission. D. The city may exchange, donate or sell at a reduced rate city owned real property to another governmental entity for a governmental purpose. E. The city may donate or sell at a reduced rate city owned real property containing a historically significant building or monument to an entity that agrees to restore or preserve the property. The contract for the transfer of the property proposed for historic preservation that is sold for less than appraised value or donated must contain at minimum provisions that: 1. Require the property to be preserved in its present or restored state upon any subsequent transfer; and 2. Provide for the reversion of the property, including any improvements made to the real property, to the city for noncompliance with conditions attached to the transfer. 476 Ordinance 2065 Page 4 of 9 F. The city may donate or sell at a reduced rate city owned real property for economic development purposes to an entity that agrees to develop the property for economic development purposes. The contract for the transfer of property proposed for economic development purposes that is sold for less than appraised value or donated must contain at minimum, provisions that: 1. Require the property be developed in such a manner as to provide economic development opportunities, including job creation or retention, for industries of value to the city, or for development implementing an urban renewal plan; and 2. At the discretion of the city commission, provide for the reversion of the property, including any improvements made to the real property, to the city for noncompliance with conditions attached to the transfer. G. The city may donate or sell at a reduced rate city owned real property to an entity for the purpose of constructing buildings which will provide emergency or transitional shelter housing or rental housing for low to moderate-income households, or buildings which may be sold as low to moderate-income households. The contract for the transfer of property proposed for housing built pursuant to this section must contain at minimum, provisions that: 1. Provide, for a period of time and under the conditions specified in the transfer, emergency or transitional shelter or housing for low to moderate- income households; and 2. At the discretion of the city commission, provides for the reversion of the property, including any improvements made to the real property, to the city for noncompliance with conditions attached to the transfer. H. The city may donate or sell at a reduced rate city owned real property for climate action and sustainability purposes to an entity that agrees to develop or otherwise utilize the property for purposes that further the climate action and sustainability goals of the city. The contract for the transfer of property proposed for climate action and sustainability purposes that is sold for less than appraised value or donated must contain at minimum, provisions that: 1. Require the property be developed or otherwise utilized in such a manner as to further the climate action and sustainability goals of the city; and 2. At the discretion of the city commission, provide for the reversion of the property, including any improvements made to the real property, to the city for noncompliance with conditions attached to the transfer. 477 Ordinance 2065 Page 5 of 9 I. The city manager may establish procedures for the purchase, exchange, donation, or sale of City real property. The city manager must adopt such procedures by administrative order. Sec. 2.08.130. - Appraisal required for acquisition and disposal of real property; exceptions. A. An appraisal is required when the city purchases a fee simple interest in real property or a conservation easement using public funds, unless specifically exempted. B. An appraisal is required for any sale, exchange, or donation of city real property, unless specifically exempted. C. An appraisal is not required when the sale, exchange, or donation of real property is to or between another governmental entity if the property will continue to be used for governmental purposes. A sale, exchange or donation of real property with another governmental entity may, at the discretion of the city commission, provide for the reversion of the property, including any improvements made to the real property, to the city in the event the recipient no longer uses the property for governmental purposes. D. An appraisal is not required for the acquisition of interests in water rights or rights of way for utility or road purposes. E. For any purchase, sale, exchange or donation requiring an appraisal under this article, the property must be appraised within one year prior to the date of provisional adoption of the ordinance approving the sale, donation, or exchange unless waived by the commission. Sec. 2.08.140. - Additional requirements for sales, donations and exchanges. A. Prior to selling, exchanging, or donating any real property under this division, the city commission must find the real property proposed for sale, donation, or exchange is either no longer necessary to conduct city business or that the public interest may be furthered by the sale, donation, or exchange. This determination must be made by a two-thirds vote of all commission members. B. If the determination required by subsection A is made in the affirmative, the commission must decide at a subsequent public meeting whether to adopt an ordinance selling, donating or exchanging the property. This determination must be made by a two-thirds vote of all commission members. C. For the sale of real property, the city may sell property by bid, public auction or direct negotiated sale, subject, where required by this division, to a minimum price established through appraisal. For donations and exchanges, the city may negotiate a donation or exchange directly to a specific person or entity, including other governmental entities, without advertising for bids. 478 Ordinance 2065 Page 6 of 9 D. Notice of sale, exchange, or donation must be published as provided in Mont. Code Ann. §7-1-4127. The city may terminate these procedures at any time and may reinitiate the same or different procedures at a later date. Sec. 2.08.150. - Terms of sale. Unless otherwise determined by two-thirds of the city commission: A. Except for sales conducted pursuant to 2.08.120 (D), (E), (F), (G) and (H) a sale under this division must be for cash or on terms approved by two-thirds of the commission. B. Except for sales conducted pursuant to 2.08.120 (D), (E), (F), (G) and (H), or for sales, exchanges, or donations with another governmental entity, a sale of city real property may not be made for less than 90 percent of the appraised value. C. The title to any property sold may not pass from the city until the purchaser or the purchaser's assigns have met all obligations of the sale or exchange agreement. Sec. 2.08.160. - Lease and Licensing of City Property/ Parking Permits. A. The city commission has the power to lease any lands, buildings, structures, or improvements, owned by the city, however acquired, for any length of time and for any purpose. The commission may enter into such leases at a reduced rate if the city property is to be used for a public purpose. B. The development or other use of any city lands, buildings, structures, or improvements, whether by a lessee, or their invitees, must comply with this code. C. The leasing of one or more parts of a building, improvement, or structure may be done by resolution of the commission. The leasing of an entire tract of record owned by the city must be done pursuant to ordinance. C. The city manager may grant a license for a temporary use of city real property under conditions determined by the city manager. The parking commission may grant a license for a temporary use for facilities under its jurisdiction under conditions determined by the parking commission. E. The parking commission has the power to issue permits for parking spaces in parking structures and parking lots within its jurisdiction and establish standards for the same. Sec. 2.08.170. – Easements. A. The city manager or director designee may on behalf of the city accept the grant or dedication of real property, rights-of-way, or public infrastructure. The acceptance must be in writing. The acceptance must be recorded in the records of the Gallatin County Clerk and Recorder and the original must be returned to the city clerk. Nothing herein may be construed to authorize the city manager to accept an easement or grant as shown on a subdivision plat until such final plat has been approved by the city pursuant to law. B. The city manager may grant rights-of-way for private, municipal, or public utilities across land owned by the city. The city manager may determine whether consideration for the grant is 479 Ordinance 2065 Page 7 of 9 required. The grant must be in writing. The grant must be recorded in the records of the Gallatin County Clerk and Recorder and the original must be returned to the city clerk. D. The city manager may authorize, subject to the availability of funds, the purchase of right- of-way for public infrastructure or public purposes. Sec. 2.08.180. – Use of proceeds of property disposition. The funds derived from property disposed of in accordance with this division, in the discretion of the city commission, may be credited to any account that is in the best interest of the city. Sec. 2.08.190. - State law superseded. Pursuant to the city's self-government powers, Section 7-8-4201, MCA, addressing the disposal, donation, lease or sale of city property is hereby superseded. All other applicable provisions of state law not in compliance with this division are hereby superseded. Title 7, Chpt. 8, Part 1, MCA is specifically not superseded. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. 480 Ordinance 2065 Page 8 of 9 That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. Sections 1 and 2 of this Ordinance shall be codified. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 481 Ordinance 2065 Page 9 of 9 PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 13th day of December, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2023. The effective date of this ordinance is __________, __, 2023. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 482 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Community Development Director SUBJECT:The East Main Zone Map Amendment Requesting Amendment of the City Zoning Map for an Existing Lot Consisting of Approximately 1.5 Acres and the Accompanying Adjacent Right-of-way from B-2 (Community Business District) to B-2M (Community Business District-Mixed) for the Property Addressed at 1200 East Main Street, Application 22184 MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22184 and move to recommend approval of the East Main Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The owner and representative, Western Heritage Ownership, LLC, 1200 East Main Street, Bozeman, MT 59715, and Applicant Intrinsik Architecture submitted an application to rezone an approximately 1.5 acre parcel from B- 2 to B-2M. The property currently hosts the Western Heritage Inn located at 1200 East Main Street. East Main Street is a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update. Montana Department of Transportation (MDT) has jurisdictional authority on this roadway. No future development plans were submitted or required with the application. The primary differences between the B-2 and B-2M districts are slight differences in building height, more permissive residential use, and reduction of parking requirements. Building height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B-2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor without 483 a Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an approved CUP. Zone edge transition standards will apply in this location. If approved, the B- 2M zoning will abut an R-1 zone. Pursuant to section 38.320.060.A.2, BMC, specific transitions must be adhered to with any proposed development on the property. UNRESOLVED ISSUES:None identified at this time. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 3. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Attachments: 22184 East Main ZMA CC SR.pdf Report compiled on: December 20, 2022 484 Page 1 of 32 22184, Staff Report for the East Main Zone Map Amendment Public Hearing Date(s): Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on December 19, 2022 at 6:00 pm. City Commission public hearing will be held on January 10, 2023 at 6:00 pm. Project Description: The East Main zone map amendment requesting amendment of the City Zoning Map for an existing lot consisting of approximately 1.5 acres and the accompanying adjacent right-of way from B-2 (Community Business District) to B-2M (Community Business District-Mixed). Property addressed at 1200 East Main Street. Project Location: The property is addressed as 1200 East Main Street, more particularly described as a Tract 4A of the Amended Subdivision Plat C-23-R (Northern Pacific Addition) and adjoining East Main Street Right-of-Way, located in the West One-Half (W ½) of Section 8, Township Two South (T2S), Range Six East (R6E) of P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22184 and move to recommend approval of the East Main Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22184 and move to approve the East Main Zone Map subject to contingencies required to complete the application processing. Report Date: December 20, 2022 Staff Contact: Tom Rogers, Senior Planner Lance Lehigh, City Engineer Agenda Item Type: Action – Legislative 485 22184 Staff Report for the East Main Zone Map Amendment Page 2 of 32 EXECUTIVE SUMMARY Unresolved Issues None identified at this time. Project Summary The owner and representative, Western Heritage Ownership, LLC, 1200 East Main Street, Bozeman, MT 59715, and Applicant Intrinsik Architecture submitted an application to rezone a an approximately 1.5 acre parcel from B-2 to B-2M. The property currently hosts the Western Heritage Inn located at 1200 East Main Street. East Main Street is a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update. Montana Department of Transportation (MDT) has jurisdictional authority on this roadway. No future development plans were submitted or required with the application. The primary differences between the B-2 and B-2M districts are slight differences in building height, more permissive residential use, and reduction of parking requirements. Building height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B- 2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an approved CUP. Zone edge transition standards will apply in this location. If approved, the B-2M zoning will abut an R-1 zone. Pursuant to section 38.320.060.A.2, BMC, specific transitions must be adhered to with any proposed development on the property. Application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262084&cr=1&id=262084 No public comment has been received on this application. Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on December 19, 2022 and forwarded a recommendation to approve the B- 2M zoning request (6:0) to the City Commission. No public comment was provided at the hearing. The Board. A video recording of the meeting can be reviewed at the following link. 486 22184 Staff Report for the East Main Zone Map Amendment Page 3 of 32 https://bozeman.granicus.com/player/clip/1930?view_id=1&redirect=true&h=c4f6b1ff0be6762e 768e6f84ad9ac505 Alternatives 1. Approve the application with contingencies as presented; 2. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 3. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY.......................................................................................................1 Unresolved Issues................................................................................................................1 Project Summary .................................................................................................................2 Community Development Board (Zoning Commission) Summary....................................2 Alternatives..........................................................................................................................2 SECTION 1 - MAP SERIES.....................................................................................................4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT .....7 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS.........................................7 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS..............8 Section 76-2-304, MCA (Zoning) Criteria..........................................................................8 PROTEST NOTICE FOR ZONING AMENDMENTS..........................................................18 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND...............18 APPENDIX B - NOTICING AND PUBLIC COMMENT.....................................................19 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING....................19 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ............................32 FISCAL EFFECTS..................................................................................................................32 ATTACHMENTS....................................................................................................................32 487 Page 4 of 32 SECTION 1 - MAP SERIES Figure 1: Vicinity Map (2021 image) Subject property Lindley Park 488 22184 Staff Report for the East Main Zone Map Amendment Page 5 of 32 Figure 2: Current Zoning Map (2021 image) R-1 PLI M-1 Urban Neighborhood B-2 PLI 489 22184 Staff Report for the East Main Zone Map Amendment Page 6 of 32 Figure 3: Future Land Use Designations (2021 image) Subject properties Community Commercial Mixed Use Urban Neighborhood Public Lands Parks and Open Lands 490 Page 7 of 32 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish the amended municipal zoning designation of B-2M shall be identified as the “East Main Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled “East Main Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Development Review Committee (DRC) considered the amendment on June 15, 2021. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on December 19, 2022 and will forward its recommendation to the City Commission on the zone map amendment. The meeting will be held in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. The meeting will begin at 6 p.m. The City Commission will hold a public hearing on the zone map amendment on January 10, 2023. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. 491 22184 Staff Report for the East Main Zone Map Amendment Page 8 of 32 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” 492 22184 Staff Report for the East Main Zone Map Amendment Page 9 of 32 The area of this application is within the annexed area of the City and where there is anticipated redevelopment within the City as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Community Commercial Mixed-Use. The Community Commercial Mixed-Use designation description reads: “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table, both B-2 and B-2M districts are implementing district of the Community Commercial Mixed-Use category. 493 22184 Staff Report for the East Main Zone Map Amendment Page 10 of 32 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The Applicant argues the proposed zone change in accordance with the Growth Policy by arguing, “The Community Plan Future Land Use Map designates this area as Community Commercial Mixed Use (CCMU), which authorizes B2M as an implementing zoning district. This application shows how the proposed ZMA aligns with the effective Community Plan. The area to be rezoned includes extensive frontage along East Main Street, a Principal Arterial. The land use pattern that can be created on such an ideally served parcel would be able to support a wide range of uses. These include restaurants, retail, offices, mixed use development, and residential units at higher densities, all within existing Bozeman service boundaries and developed in close proximity to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. 494 22184 Staff Report for the East Main Zone Map Amendment Page 11 of 32 This mix of development at densities appropriate for a growing urban area is therefore grounded in the merits of the Community Plan. Moreover, the B2M zoning proposed through this application fosters flexibility to address both current market trends and long term land use goals for the subject property. The Community Plan includes several goals and objectives that are broadly served through this application, including: Goal R2.3 Make good financial investments that have the potential for economic benefit to the investor and the broader community both through direct and indirect returns. Goal N2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N2.3: Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. DCD1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. DCD2.5 Identify and zone appropriate locations for neighborhood scale commercial development. DCD2.7 Encourage the location of higher density housing and public transit routes in proximity to one another.M1.1 Prioritize mixed use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. M1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (ebikes, electric scooters, powered wheelchairs, etc.)” It should be noted that according to the Tables 38.310.040.A, B, and C there are no differences in uses between the B-2 and the B-2M zoning districts. There are however, important differences between the two districts. The primary differences between these two districts is that B-2M requires less parking for most uses, the ease in which residential uses may be established on the ground floor, and an increase in building height. The Bozeman Community Plan 2020 focuses on these differences between the B-2 and B-2M as desired outcomes to adapt to the needs of the community. This mix of development at densities appropriate for a growing urban area is therefore grounded on tenets of the Community Plan. Moreover, the B- 2M zoning proposed through this application fosters flexibility to address both current market trends and long term land use goals for the subject property. No conflicts with the Growth Policy have been identified. 495 22184 Staff Report for the East Main Zone Map Amendment Page 12 of 32 B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from B-2 to B-2M is not likely to adversely impact safety from fire and other dangers. C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4, Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. For example, at the time of annexation, the final intensity of development is unknown and it may be many years before development occurs and the impacts are experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, 496 22184 Staff Report for the East Main Zone Map Amendment Page 13 of 32 project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction. Dedication of school facilities is not required by municipal zoning standards. However, School District 7 will have opportunity to review and comment on future development. The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. The Development Review Committee considered this request and did not identify any infrastructure deficiencies that the City cannot resolve in a timely manner with future development proposals. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The B-2M district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion met. The subject properties have not undergone subdivision review and are relics without full transportation network such as sidewalks, bike lanes, stormwater facilities, and 497 22184 Staff Report for the East Main Zone Map Amendment Page 14 of 32 similar infrastructure. Additionally, potential future development within a zoning district of B- 2M will likely affect the City’s motorized and non-motorized transportation system with increased traffic although not a guarantee. The existing 50,000 square foot building and accessory uses on site generate considerable traffic. However, future development may require a Traffic Impact Study to identify the extent of increased traffic volumes and specify required infrastructure improvements to serve the development. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have minimal effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards. The site has a Walk Score of 57, a Transit score of 24, and Bike Score of 72. Average walk score for the city as a whole is 47 out of 100. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and 498 22184 Staff Report for the East Main Zone Map Amendment Page 15 of 32 other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the properties as Community Commercial Mixed- Use. These designations correlate with several zoning districts including the B-2M district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. The applicant provides additional support by stating, “… The designation this site as B2M offers additional design flexibility to and will offer future development to unfold compatible with development adjacent to the existing zones. The flexibility offered by B2M zoning will allow the site to respond to and meet the demands of the surrounding neighborhoods, providing complimentary retail, commercial uses, offices, and restaurants to serve the needs of the community of Central Bozeman. All future design and construction will be compatible with the UDC site and design standards, further ensuring compatibility for this site. Furthermore, The Bozeman Community Plan establishes a preferred and compatible development pattern through the Future Land Use Map, which establishes generalized expectations for what goes where in the community. Moreover, the UDC explicitly defines compatible urban growth, which does not require uniformity in order to ensure compatibility. The City’s zoning ordinances define the uses and development standards associated for projects proposed under the auspices of each zone. Each zone includes a range of uses that are appropriate. The property is designated as Community Commercial Mixed Use on the future land use map, which allows for B2M implementing zoning as proposed by the applicant. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicant, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. Future development under the proposed zoning will look to advance the Actions within the Climate Plan to create efficient buildings that contain renewable energy generation infrastructure. Future site planning will look to integrate compact development patterns that is supported by a variety of transit infrastructure. Future development will additionally support the Community Housing Action Plan through the provision of additional housing stock variety and availability.” H. Character of the district. Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the 499 22184 Staff Report for the East Main Zone Map Amendment Page 16 of 32 purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. This is especially true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2M district to be compatible with adjacent development’s mixed-use characteristics and uphold the unique character of the area. The site has an existing commercial building (motel) and associated parking area. There are a wide variety of uses adjacent to the site including residential and commercial. A review of the uses allowed in the proposed zones shows many similarities with existing and authorized uses in the surrounding area. Therefore, the change in zoning does not appear to conflict with the character of the area. I. Peculiar suitability for particular uses. Criterion met. Future uses for construction on the site are not finalized at this time, so the suitability of the site for particular uses is not easily evaluated. However, considering the context of the site with the existing functional transportation system, proximity to large park area, major streets serving the property, existing city services established, and the variety of land uses in the immediate area, the proposed B-2M district allows for more similar configuration of uses as the surrounding area, even though the B-2M district is a more intensive district than the existing B-2 zoning generally allows. 500 22184 Staff Report for the East Main Zone Map Amendment Page 17 of 32 As shown in Figure 2, the property is bounded by B-2 zoning on the east, west, and north with R-1 to the south. The site includes redevelopment and infill opportunities. The proposed B-2M district can support many types of urban development that are likely to serve the immediate area as a result of its location and proximity to residential areas to the south. Final determination of suitability will occur during the site development process. J. Conserving the value of buildings. Criterion met. The site has an existing commercial building, semi-permanent greenhouse structures, a large associated parking area, and undeveloped areas hosting a considerable amount of noxious weeds. B-2M zoning will allow for new and diverse development patterns on the subject parcel that compliment development on adjacent sites. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building values as the development pattern will be appropriate to the surrounding character of the district. The values of some buildings may improve in the future as new and improved amenities are provided to the area as the site is developed according to the proposed B-2M district, while other buildings’ values are unlikely to be impacted largely due to a robust real estate market and lack of unmitigated offensive uses allowed by the proposed zoning district. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land through the future land use map. This application complies with the BCP 2020 by proposing zone map amendments of districts that continue to implement the future land use map designations. In this case, urban mixed-use development have been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that are appropriate to a site’s context and according to the BCP 2020. Similarly, as stated by the applicant, “The new zoning will allow for higher residential and commercial densities to be constructed on an infill site in a growing area of Bozeman. The City is in need of additional housing and retail/commercial services in proximity to established neighborhoods to accommodate demand and meet additional community needs. The Community Plan is also supportive of the appropriateness of the possible uses of the lands encompassed in the ZMA, as has been described in the response to Criteria A (above). The B2M zoning offers an opportunity to create neighborhood scale commercial development adjacent to a critical transit corridor and established residential neighborhoods, while providing for additional site design flexibility (i.e. lower parking requirements).” 501 22184 Staff Report for the East Main Zone Map Amendment Page 18 of 32 PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The owner and representative, Western Heritage Ownership, LLC, 1200 East Main Street, Bozeman, MT 59715, and Applicant Intrinsik Architecture submitted an application to rezone a an approximately 1.5 acre parcel from B-2 to B-2M. The property currently hosts the Western Heritage Inn located at 1200 East Main Street. East Main Street is a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update. Montana Department of Transportation (MDT) has jurisdictional authority on this roadway. No future development plans were submitted or required with the application. The primary differences between the B-2 and B-2M districts are building height, more permissive residential use, and reduction of parking requirements. Building height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B-2M is five (5) 502 22184 Staff Report for the East Main Zone Map Amendment Page 19 of 32 stories or 60 feet. Residential use is allowed on the ground floor in without a Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an approved CUP. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to all owners of property located inside the site and within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on September 18 and October 2, 2022 followed by a second notice effort on December 4 and 11, 2022. The Community Development Board hearing is scheduled for December 19, 2022 and the City Commission public hearing is scheduled for January 10, 2023. No public comment has been received on this application as of the production of this report. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as community commercial mixed use in the Bozeman Community Plan 2020 future land use map – see descriptions below. “Community Commercial Mixed Use.” The growth policy states that, “activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings…High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development.” The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed 503 22184 Staff Report for the East Main Zone Map Amendment Page 20 of 32 zoning designation of B-2M correlates with the Growth Policy’s future land use designation of “Community Commercial Mixed Use”. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent of the B-2M district is “…to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit”. 504 22184 Staff Report for the East Main Zone Map Amendment Page 21 of 32 Table 38.310.040.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Zoning Districts Commercial Mixed Use Industrial Uses B-1 1 B-2 B-2M B-3 UMU REM U NEHMU 2 BP M-1 M-2 PLI General sales Automobile, boat or recreational vehicle sales, service and/or rental — — — — — — P — P P — Automobile fuel sales or repair (38.360.070)* S S S S S S P — P P — Convenience uses (38.360.100)* — P P C C P P — — — — Heavy retail establishment (Retail, large scale - 38.360.150)* — P P C P C P — P P — Restaurants* P 3 P P P P P P 1,500sf — P 3 P 3 — 505 22184 Staff Report for the East Main Zone Map Amendment Page 22 of 32 Retail*  • 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C 7 A 6 C 7 —  • 5,001-24,999sf GFA — P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C 7 A 6 C 7 —  • 25,000sf-39,999sf GFA — P 4 P 4 P 4 P 4 — A 6 C 7 A 6 A 6 C 7 A 6 C 7 —  • Over 40,000sf GFA (Retail, large scale - 38.360.150)* — P 4 P 4 — S — — — — — — Sales of alcohol for on- premises consumption (38.360.060) S 8 S 8 S 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 — Notes: 1.  In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2.  Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table). 3.  Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility. 4.  Excluding adult businesses as defined in section 38.700.020 of this chapter. 5.  Special REMU district conditions based on the amount of on-site retail uses: a.  Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no more than four structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. b.  Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no more than two structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. 6.  Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross floor area or 10,000 square feet, whichever is less. 7.  Retail establishments as a primary use are conditionally permitted. 8.  Also subject to chapter 4, article 2. 9.  No gaming allowed. 506 22184 Staff Report for the East Main Zone Map Amendment Page 23 of 32 10.  Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the following conditions: a.  Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility; and/or b.  Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less. Table 38.310.040.B Permitted services and temporary lodging uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Zoning Districts Commercial Mixed Use Industrial Uses B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 PLI Personal and general service Animal shelters — — — — — — C — S S — Automobile washing establishment* — P P C C C P — P P — 507 22184 Staff Report for the East Main Zone Map Amendment Page 24 of 32 Daycare—Family, group, or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C General service establishment* P P P P P P P C P C — Health and exercise establishments* P S P P P P P P C P P — Heavy service establishment* — P P C P C P — P P — Medical and dental offices, clinics and centers* P 3 S P 3 P 3 P 3 P 3 P 3 P P P P — Mortuary — S S S S — — — — — — Offices* P 3 S P 3 P 3 P 3 P 3 P 3 P P 5 P P — Personal and convenience services* P P P P P P A A A A — Truck repair, washing, and fueling services — — — — — — C — C P — Temporary lodging Bed and breakfast* — — — — — P C — — — — Short Term Rental (Type 1)* — P P P P P P — — — — Short Term Rental (Type 2)* — P P P P P P — — — — Short Term Rental (Type 3)* — P P P P P — — — — — 508 22184 Staff Report for the East Main Zone Map Amendment Page 25 of 32 Hotel or motel* — P P P P P 40,000sf P — P P — Notes: 1.  In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2.  Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table). 3.  Only lobbies for the applicable use are allowed on designated Storefront block frontages as set forth in section 38.510.020. 4.  If primarily offering services to a single business or group of businesses within the same building or building complex. 5.  Professional and business offices only. Table 38.310.040.C Permitted residential uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. Zoning Districts Commercial Mixed Use Industrial Uses B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 PLI General residential Accessory dwelling unit (38.360.040) — — — — — P P — — — — Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 — 509 22184 Staff Report for the East Main Zone Map Amendment Page 26 of 32 Apartment buildings* 3 — C P P 5 P P — — — — — Cottage housing* (38.360.110) — — — — — P — — — — — Single household dwelling (38.360.210) — — — — — P P — — — — Three household dwelling or four-household dwelling (38.360.210) — — — — — P — — — — — Townhouses* 3 & rowhouses* (38.360.240) — C 7 P 7 P 7 — P 8 P — — — — Two-household dwelling (38.360.210) — — — — — P P — — — — Live-work units* P P P P P P P — — — — Ground floor residential C P 5 P 5 — — — — — — — Group residences Community residential facilities with eight or fewer residents* P 4 P 4, 5 P 4, 5 P 4, 5 P 4, 5 P P — — — — Community residential facilities serving nine or more residents* - C C — P P — — — — — Cooperative household* — — — — — P C — — — — Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — — Lodging houses* — C C 5 C 3 P P — — — — — Transitional and emergency housing and related services (38.360.135)* — S S S S S S S S — S 510 22184 Staff Report for the East Main Zone Map Amendment Page 27 of 32 Notes: 1.  In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2.  Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3.  May be subject to the provisions of chapter 38, article 380. 4.  When located on the second or subsequent floor, or basement as defined in section 38.700.030 of this chapter. Lobbies associated with residential uses are allowed on the ground floor. 5.  Non-residential uses (except for lobbies associated with residential uses) are required on the ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to designated storefront streets per section 38.500.010. 6.  For the purpose of this section, accessory means less than 50 percent of the gross floor area of the building, and not located on the ground floor. 7.  Five or more attached units. 8.  Five or fewer attached units. Table 38.310.040.D Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. Zoning Districts Commercial Mixed Use Industrial Uses B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 PLI Industrial and Wholesale Junk salvage or automobile reduction/salvage yards — — — — — — — — — C — 511 22184 Staff Report for the East Main Zone Map Amendment Page 28 of 32 Manufacturing, artisan* P P P P 3 P P P P P P — Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P — Manufacturing (moderate)* — C C — — — P P P P — Manufacturing (heavy)* — — — — — — — — C P — Outside storage — — — — — — P A P P — Refuse and recycling containers A A A A A A A A A A — Warehousing* — — — — — — P — P P — Warehousing, residential storage (mini warehousing) (38.360.180)* — — — — — — P — P P — Notes: 1.  In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2.  Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3.  For uses in the downtown core as described below, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required. The downtown core includes those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street. 4.  Except on the ground floor in the downtown core (those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street). 5.  Completely enclosed within a building. 6.  Limited to 5,000 square feet in gross floor area. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. Table 38.310.040.E Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 512 22184 Staff Report for the East Main Zone Map Amendment Page 29 of 32 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Zoning Districts Commercial Mixed Use Industrial Uses B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 PLI Public, educational, government and regional Business, trade, technical or vocational school — P P P 3 P P P P P P — Cemeteries* — — — — — — — — — — P Essential services (38.360.140)  • Type I A A A A A A A A A A A  • Type II P P P P P P P P P P P  • Type III C 4 P P C 4 C C 4 P C P P P P Meeting hall - P P P P P — — — — — Production manufacturing and generation facilities (electric and gas) — — — — — — — — — S — Public and nonprofit, quasi- public institutions, e.g. universities, elementary junior — — — — — — — — — — P 513 22184 Staff Report for the East Main Zone Map Amendment Page 30 of 32 and senior high schools and hospitals Public buildings and publicly owned land used for parks, playgrounds and open space P— P— P P P P P P P P P Solid waste transfer station — — — — — — — — — C P Solid waste landfill — — — — — — — — — — C Truck, bus and rail terminal facilities — — — — — — P — P P — Recreational, cultural and entertainment Adult business (38.360.050)* — — — — — — — — P P — Amusement and recreational facilities — P P — P — P — P C — Arts and entertainment center* P P P P P P 12,000sf — — — — — Casinos — — — — — — — — C C — Community centers (38.360.080)* P P P P P P P P P P P Accessory and/or other uses Agricultural uses* — — — — — — — — — P — Home-based businesses (38.360.140)* A A A A A A A A A A — Other buildings and structures (typically accessory to permitted uses) A A A A A A A A A A A 514 22184 Staff Report for the East Main Zone Map Amendment Page 31 of 32 Temporary buildings and yards incidental to ongoing construction work — — — — — — A A A A — Any use, except adult businesses and casinos, approved as part of a planned unit development subject to the provisions of division 38.430 C C C C C C C C 5 C 5 C 5 — Notes: 1.  In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2.  Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3.  Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter. 4.  Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 5.  Also excludes retail, large scale uses. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Western Heritage Ownership, LLC, 1200 East Main Street, Bozeman, MT 59715 Applicant: Intrinsik Architecture, 106 E Babcock, Suite 1A, Bozeman, MT 59715 Representative: Western Heritage Ownership, LLC, 1200 East Main Street, Bozeman, MT 59715 515 22184 Staff Report for the East Main Zone Map Amendment Page 32 of 32 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258206 516 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Community Development Director SUBJECT:The West Kagy Zone Map Amendment Requesting Amendment of the City Zoning Map for Two Existing Lots Consisting of Approximately 2.899 Acres and the Accompanying Adjacent Right-of way from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density) Property is Located on the Northeast Corner of South 19th and West Kagy Boulevard, Application 22249. MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22249 and move to approve the West Kagy Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The owner, Reuter Walton Development, 4450 Excelsior Boulevard, St. Louis Park, MN 55416 with SMA Architects, 109 East Oak Street, Suite 2E, Bozeman, MT 59715 acting as Applicant and Representative, submitted an application to rezone a property totaling 2.889 acres, including adjacent right-of-way, from R-4 (Residential High Density) to R-5 (Residential Mixed- use High Density). Although no specific development plans were submitted with the application the narrative states student housing will be the proposed use. The subject property currently hosts the Bozeman Church of Christ building and associated parking area. The property is on the corner of West Kagy Boulevard and South 19th Avenue. Both streets are designated Principal Arterials according to the Bozeman Area Transportation Plan, 2017 Update. 517 Both R-4 and R-5 are considered high density residential zoning districts. Although there are no differences in the type of residential configurations there are differences in intensity and permitted commercial uses. R-5 allows restaurants and retail as accessory uses to the residential with other limitations. The R-5 district has fewer lot size (area/width) restrictions which allows considerable more development on a given property. Lot coverage and floor area ratios (FAR) are unlimited. Building height is greater which generally allows an additional story, up to five (5) stories depending on construction and floor pack configuration. The City recently approved the Yellowstone Montessori Academy annexation and rezoning of the property directly to the east encompassing 1.54 acres. The application rezoned the property from County zoning and R-2 to R-4. UNRESOLVED ISSUES:None identified at this time. ALTERNATIVES:1. Approve the application; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Attachments: 22249 W Kagy ZMA CC SR.pdf Report compiled on: January 10, 2023 518 Page 1 of 32 22249, Staff Report for the West Kagy Zone Map Amendment Public Hearing Date(s): Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on December 19, 2022 at 6:00 pm. City Commission public hearing will be held on January 10, 2023 at 6:00 pm. Project Description: The West Kagy zone map amendment requesting amendment of the City Zoning Map for two existing lots consisting of approximately 2.899 acres and the accompanying adjacent right-of way from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density). Property is located on the northeast corner of South 19th and West Kagy Boulevard. Project Location: The property is addressed as 1825 West Kagy Boulevard and more thoroughly described as Lot 7, Remington Addition Subdivision and Tract B of the Amended Plat of Remington Addition Less MDT R/W (I-20A), Located in the Southwest One-Quarter (SW ¼) of Section 3, Township Two South (T2S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval Community Development Board Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22249 and move to recommend approval of the West Kagy Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22249 and move to approve the West Kagy Zone Map Amendment, with contingencies required to complete the application processing. Report Date: December 20, 2022 Staff Contact: Tom Rogers, Senior Planner Lance Lehigh, City Engineer Agenda Item Type: Action – Legislative 519 22249 Staff Report for the West Kagy Zone Map Amendment Page 2 of 32 EXECUTIVE SUMMARY Unresolved Issues None identified at this time. Project Summary The owner, Reuter Walton Development, 4450 Excelsior Boulevard, St. Louis Park, MN 55416 with SMA Architects, 109 East Oak Street, Suite 2E, Bozeman, MT 59715 acting as Applicant and Representative, submitted an application to rezone a property totaling 2.889 acres, including adjacent right-of-way, from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density). Although no specific development plans were submitted with the application the narrative states student housing will be the proposed use. The subject property currently hosts the Bozeman Church of Christ building and associated parking area. The property is on the corner of West Kagy Boulevard and South 19th Avenue. Both streets are designated Principal Arterials according to the Bozeman Area Transportation Plan, 2017 Update. Both R-4 and R-5 are considered high density residential zoning districts. Although there are no differences in the type of residential configurations there are differences in intensity and permitted commercial uses. R-5 allows restaurants and retail as accessory uses to the residential with other limitations. The R-5 district has fewer lot size (area/width) restrictions which allows considerable more development on a given property. Lot coverage and floor area ratios (FAR) are unlimited. Building height is greater which generally allows an additional story, up to five (5) stories depending on construction and floor pack configuration. The City recently approved the Yellowstone Montessori Academy annexation and rezoning of the property directly to the east encompassing 1.54 acres. The application rezoned the property from County zoning and R-2 to R-4. Application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=269454&dbid=0&repo=BOZEMAN No public comment has been received. 520 22249 Staff Report for the West Kagy Zone Map Amendment Page 3 of 32 Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on December 19, 2022. The Board had a vigorous discussion on the merits of the zone change and the importance of the intersection to the City’s development. Concerns on the adequacy of the state required criteria for evaluation of zoning map changes, uncertainty of future development details, and coordination between properties in the area were noted. A number of points were made including potential for alternate zoning designation such as REMU and B-2M may be more appropriate. The Board recommends approval of the zoning change on a vote of 5:1. Staff Response: The Bozeman Community Plan 2020 was recently updated and included a thorough examination of the location and extent of future land use map. The growth policy, and state law, are the guiding documents for zoning decisions. The Future Land Use Designation for the subject property is “Residential Mixed Use.” Page 72 of the Bozeman Community Plan 2020 includes a section titled “What Is Needed To Justify A Change In A Zoning District Map Or Text?” That section discusses the circumstances and process for the City to consider a zone map amendment. One of the given examples for justification is: “d. An owner requests the change and the request meets required standards.” It then goes on to state: “In considering zoning map amendments, the City’s longstanding practice is to consider item d as an adequate justification for consideration of a zoning map change. In doing so, the applicant/property owner must demonstrate the requested change meets the required criteria and guidelines for an amendment.” The B-2M zoning district is not an implementing district for this FLUM designation and therefore, would require an amendment to the FLUM prior to consideration of the B2M zoning designation. Additionally, the REMU requires a minimum lot size of five (5) acres. The subject property is approximately 2.9 acres. In the application materials and staff report the criteria of approval are found to be met. The City Commission, if they do not approve the application, will need to make alternative findings on the criteria of review. A video recording of the meeting can be viewed at the following link. The item starts at time stamp 0:42:05. https://bozeman.granicus.com/player/clip/1930?view_id=1&redirect=true&h=c4f6b1ff0be67 62e768e6f84ad9ac505 Alternatives 1. Approve the application; 2. Approve the application with modifications to the recommended zoning; 521 22249 Staff Report for the West Kagy Zone Map Amendment Page 4 of 32 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 522 22249 Staff Report for the West Kagy Zone Map Amendment Page 5 of 32 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development Board (Zoning Commission) Summary ................................... 3 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 6 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 11 Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 11 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 23 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 24 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 24 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 25 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 32 FISCAL EFFECTS ................................................................................................................. 32 ATTACHMENTS ................................................................................................................... 32 523 Page 6 of 32 SECTION 1 - MAP SERIES Figure 1: Vicinity Map Subject property 524 22249 Staff Report for the West Kagy Zone Map Amendment Page 7 of 32 Figure 2: Future Land Use Designations Community Commercial Mixed Use Urban Neighborhood Residential Mixed Use Public Institutions Public Institutions 525 22249 Staff Report for the West Kagy Zone Map Amendment Page 8 of 32 Figure 3: Current Zoning Map B-2 PLI PLI REMU R-4 R-4 B-2 B-1 B-2 R-4 R-2 B-2M 526 22249 Staff Report for the West Kagy Zone Map Amendment Page 9 of 32 Figure 4: ½ Mile Radius (2,640 feet or approximately a 10 minute walk) Montana Hall 527 Page 10 of 32 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Should the application not be approved these contingencies are not required. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish the amended municipal zoning designation of R-5 shall be identified as the “West Kagy Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled “West Kagy Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. Advisory Comments: 1. Prior to preparing the final Ordinance for the zone map amendment the zoning exhibit map must be revised as described by Engineering comments and pursuant to criteria listed in the application materials. 2. Prior to preparing the final Ordinance for the zone map amendment an editable meets & bounds description must be prepared and submitted meeting requirements of the Engineering Department. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff does not recommend approval as submitted. The Development Review Committee (DRC) considered the amendment on August 17, 2022. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application at this time. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on December 19, 2022 and will forward a recommendation to the City Commission on the zone map amendment. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, Members of the public will also be able to participate remotely via video stream. Instructions 528 22249 Staff Report for the West Kagy Zone Map Amendment Page 11 of 32 for joining the meeting digitally will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The City Commission will hold a public meeting on the zone map amendment on January 10, 2023. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Zone Map Amendment application. Members of the public will also be able to participate remotely via video stream. Instructions for joining the meeting digitally will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. 529 22249 Staff Report for the West Kagy Zone Map Amendment Page 12 of 32 Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the annexed area of the City and where there is anticipated redevelopment within the City as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Residential Mixed- Use. The Residential Mixed-Use designation description reads: “This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single- attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non- residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well- integrated transportation and open space network that encourages pedestrian activity and provides ready-access within and adjacent development.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table, both R-4 and R-5 districts are implementing district of the Residential Mixed-Use category. 530 22249 Staff Report for the West Kagy Zone Map Amendment Page 13 of 32 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The Applicant asserts the proposed zone change in accordance with the Growth Policy by arguing, “The Future Land Use Map in the Bozeman Community Plan 2020 designates the property as Residential Mixed Use. The Residential Mixed Use designation correlates with the following zoning districts: R-3, R-O, PLI, REMU, B-1, including the existing R-4 zoning and the R-5 zoning proposed by the applicant. The proposed zone map amendment from R- 4 to R-5 would allow similar land uses as the current R-4 zoning while also allowing the opportunity to provide a limited amount of retail and restaurant space to serve the residents if desired. 531 22249 Staff Report for the West Kagy Zone Map Amendment Page 14 of 32 The development is in accordance with several goals and objectives of the Community Plan, including, but not limited to the following: Goal N-1: Support well-planned, walkable neighborhoods. The project intends to provide housing for University Students. The site is located in close proximity to the University, amenities, jobs, goods, and services which will increase walkability and promote the use of alternate means of transportation. The inclusion of commercial allowed in R-5 zoning will bring goods and services closer to the residents and strengthen walkability in the area. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. The commercial permitted in R-5 zoning will allow for commercial nodes to serve the residence in addition to provide job opportunities. The site is appropriately located at the intersection of two principal arterial streets and near other commercial and residential areas. Goal DCD-1: Support urban development within the City. This site is currently underutilized, underdeveloped, and located on the prominent corner of West Kagy Boulevard and South 19th Avenue. The proposed high density residential and limited commercial will revitalize the corner and provide much needed housing. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. The development of this site will activate the intersection. This part of town is growing rapidly to help support Bozeman’s housing needs. The property is on the edge of the University District close to jobs, goods, and services Goal DCD-3: Ensure multimodal connectivity within the City. The site’s close proximity to the University, services, goods, and jobs encourages the use of alternate means of transportation. The streets that boarder the site, South 19th Avenue and West Kagy Boulevard, have established bike routes and bike lanes that connect to the wider network of trials. South 19th Avenue has extensive sidewalks for pedestrian circulation and the site’s development will extend a sidewalk along West Kagy Boulevard for increased pedestrian traffic.” Staff generally concurs with these statements and provides additional analysis. The minimum residential density in the R-4 district is eight (8) dwelling units per net acres while the R-5 is eight (8) dwelling units per gross acre. Building heights and lot coverage are 532 22249 Staff Report for the West Kagy Zone Map Amendment Page 15 of 32 greater in the R-5 zone (an additional story depending on construction) and parking requirements are less. Net residential density is defined by section 38.700.130. To determine net density the area used for streets, parks, commercial and industrial area, or common open space is excluded from the total area of the site. Calculating the gross residential density is simple dividing the total number of residential units from the total area of the project. Other residential developments are in various stages of construction in the immediate vicinity. They include the South University District development and the Annex of Bozeman Student living development to the west. Adding 2.899 acres of developable R-5 zone will allow for more housing than R-4. In addition, reduction in parking requirements and greater height allowance allows more intensive development. Apartments are only one type of housing while the City encourages a variety to all housing configurations for all individuals and families. The principles applied in the Plan identify that a variety of housing is needed. Further, the City supports policies that maintain and build neighborhoods designed to provide equitable access to amenities and opportunities for all. Housing type diversity within neighborhoods helps ensure community benefits are available to households of different size, income, and age. Mixed neighborhoods can help provide the density of people needed to support nearby commercial activities. The amendment is addressing a single parcel of less than three acres. There is a mix of housing types within the near vicinity. Given the proximity to the region’s largest destination, MSU, higher intensity development is supported. Staff finds the application does not fully support Goal N-1: Support well-planned, walkable neighborhoods and specifically, objective N-1.1 Promote housing diversity, including missing middle housing. The R-5 district is designed to support apartment through higher minimum densities although it does allow for a wide range of housing types. Townhomes and rowhouse are allowed although our development industry has not focused attention on this type of missing middle housing. This theme is co-listed with Goal N-3: Promote a diverse supply of quality housing units and objective N-3.8 that is intended to promote the development of "Missing Middle" housing (side by side or stacked duplex, triplex, live-work, cottage housing, group living, rowhouses/ townhouses, etc.) as one of the most critical components of affordable housing. The Bozeman Strategic Plan includes an additional goal (4.5) under the heading of Housing and Transportation Choices that intends to “Vigorously encourage, through a wide variety of actions, the development of attainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes.” The area is developing with substantial residential density nearby. A variety of goods and services are relatively close. The nearest bus service is located at the MSU Sub a little more than a one mile away. 533 22249 Staff Report for the West Kagy Zone Map Amendment Page 16 of 32 The R-5 zoning district is promotive of the City’s desire for higher density, urban-scale development with a diverse mixture of possible uses. The R-5 district can help to absorb a portion of the growth that is projected for the City and allows limited commercial activity to support that residential activity. Supported goals include the following. “Goal N-3: Promote a diverse supply of quality housing units.” The R-5 district allows construction of the full range of residential buildings in the City. This supports the opportunity for diversity of supply. Quality of housing cannot be assessed at this time but will be reviewed with subsequent development review for compliance with adopted standards. The City’s Community Housing Needs Assessment documented a shortage of housing within the City and encourages additional housing construction. The City is legally restricted from requiring cost-restricted housing. Supply augmentation is an identified priority of the City. In conclusion, considering the plan in its entirety, the proposed zoning is in conformance with the BCP 2020. B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. The property hosts the Bozeman Church of Christ building. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from R-4 to R-5 is not likely to adversely impact safety from fire and other dangers. C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. The proposed amendment will not put undue burden on municipal services, emergency response capability, or similar existing requirements. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its 534 22249 Staff Report for the West Kagy Zone Map Amendment Page 17 of 32 capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. Water service lines surrounds the property. An existing sewer service line is stubbed to the property with additional services lines to the east and south. The proposed amendment will enable more intensive development than the zoning that exists now. The new zoning also provides for a range of uses and possible intensity of development. It is difficult to state definitively what level of services are required by the zoning. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity and conformance with adopted standards. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The R-5 district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. 535 22249 Staff Report for the West Kagy Zone Map Amendment Page 18 of 32 Neutral. The streets serving and surrounding the property are not fully constructed and there are known deficiencies in the transportation system. The proposed zone change in itself does not create impacts on city systems but increasing potential impacts though a zoning change exacerbates potential impacts. As noted in other evaluation criteria, development of this site may not trigger sufficient nexus or reasonable proportionality to require construction of a complete street to serve the property. Multi-modal connectively is limited and is reflected in the Walk Score listed below. There is no bus service near the site. The closest transit stop is on the south veranda of the MSU Strand Union Building more than a mile distant. However, there is a multi-use path integrated into South 19th in this section of road. Utilization of this path is limited due to traffic volume and vehicular speeds. All vehicular access is limited to right-in and right-out movements. Due to un-annexed property between the property and the University, pedestrian access is limited and unwelcoming by the sidewalk adjacent to South 19th Avenue and there are no sidewalks adjacent to Kagy Boulevard. Exacerbating the issue is the sidewalk on the south side of Lincoln Street is incomplete forcing pedestrians to across at a location with islands and multiple vehicle ingress and egress points increasing points of conflict. The distance from this property to Montana Hall is over one mile. However, future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will increase offsite impacts. It is undetermined if the impacts created by a development on this site would include a reasonable nexus and proportionality to make meaningful corrections to these identified deficiencies. The site has a Walk Score of 32 and Bike Score of 61. Average walk score for the city as a whole is 49 (up from 48) out of 100. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. 536 22249 Staff Report for the West Kagy Zone Map Amendment Page 19 of 32 These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. Although the property is well connected to the City’s transportation system by two principal arterial streets; West Kagy Boulevard and South 19th Avenue, alternative modes of transportation along Kagy Blvd are not convenient or safe. It is unlikely development on this site would trigger construction of a full street sections to the primary destination, Montana State University, to constructed multi-modal infrastructure. However, the City is designing the expansion of Kagy to include expanded pedestrian and bicycle functionality from Willson to South 19th. Construction is scheduled on the CIP for FY25 and FY26 (SIF009). Completion date is not determined at this time and assumes coordination with Montana Department of Transportation expediently and consensus of the final design. G. Promotion of compatible urban growth. Criterion met. The future land use map designates the property Urban Neighborhood. The Urban Neighborhood designation correlates with several zoning districts including R-5 zoning, as proposed by the applicant. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicant, the zone map amendment would promote compatible urban growth. Individuals may have widely varying opinions about what constitutes compatibility. Compatible development and Compatible land use are defined in Article 38.700.040 BMC to establish a common reference for consideration of this criterion and application of development standards. They are defined as: “Compatible development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city’s adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Compatible land use. A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects 537 22249 Staff Report for the West Kagy Zone Map Amendment Page 20 of 32 often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The final sentence of the definition deserves emphasis “Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible development can be different than what is already in place. The City has adopted a variety of standards to implement compatibility. Both the R-4 and proposed R-5 district are predominantly residential districts. The allowed uses for residential districts are set in 38.310.030. Review of Table 38.310.030.B – Permitted accessory and non-residential uses in residential zoning districts shows the R-5 district is more permissive for retail and restaurant activity although those differences are restricted in size and configuration to retain compatibility with the primarily residential uses in the zoning district. The form and intensity standards for residential districts are in 38.320.030. Comparing R-4 and R-5 reveals more differences than in permitted uses. The R-5 district allows more intensive development. The more intensive development elements allowed in the R-5 district are subject to additional development standards established in Article 38.5, Project Design, of the municipal code. These standards address both site and building design to enable differing uses and scales of development to be meet the definition of compatible in the municipal code and presented above. “Sec. 38.500.010. - Purpose. This article (38.5) implements the Bozeman's growth policy. Overall, this article: A. Provides clear objectives for those embarking on the planning and design of development projects in Bozeman; B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman; C. Ensures that new commercial and multi-household development is of high quality and beneficially contributes to Bozeman's character; D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the character of Bozeman's neighborhoods; E. Promotes an increase in walking and bicycling throughout the City; F. Enhances the livability of Bozeman's residential developments; F. Maintains and enhances property values within Bozeman.” The City Commission has adopted standards to control development impacts and support compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s approach. “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived 538 22249 Staff Report for the West Kagy Zone Map Amendment Page 21 of 32 conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” Staff concludes that although the R-5 is not dissimilar to the surrounding zoning and is compatible growth and comports with the BCP 2020. See also discussion for Criteria A & H. H. Character of the district. Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. This is especially true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. The site is in the general area of the Montana State University District as shown in Theme 3, A City Bolstered by Downtown and Complementary Districts. MSU is some of the most intensive development in the City and land uses supportive to MSU constructed nearby in recent years have likewise been more intensive. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open 539 22249 Staff Report for the West Kagy Zone Map Amendment Page 22 of 32 spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed R-5 district to be compatible with adjacent development’s residential and mixed-use characteristics and uphold the unique character of the area. The intent of the R-4 and R-5 districts are similar with the difference focused on the secondary purpose. While the R-4 district focuses on associated service functions, R-5 relies on residentially supportive commercial uses, emphasis added. Both districts provide for high- density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. Pursuant to section 38.530.050.C, BMC this intersection is a designated High Visibility Street corner and standards to accentuate the prominence of this area are adopted. Therefore, this criterion is met. I. Peculiar suitability for particular uses. Criterion met. The proposed zoning changes bumps density and intensity opportunities for the area being rezoned. And as noted in criterion H above, the functional difference is on the supporting uses allowed in the district. The recently adopted Bozeman Community Plan 2020 indicates that the Urban Neighborhood future land use classification intends to increase residential density throughout the district. The R-4 and R-5 districts are residential in character. The zoning to the east is residential although at ales intensity but that is buffered by other R-4 areas. The property to the south is zoned as REMU, another primarily residential zone. The property to the west is commercial but is separated by a divided roadway with other student living housing further to the west. Therefore, the incremental intensity of uses allowed by the R-5 district is not incongruent with the prevailing and anticipated uses in the vicinity. J. Conserving the value of buildings. Criterion met. The property is currently hosts the Bozeman Church of Christ building and parking lot. Redevelopment will likely entail the removal of the existing building and the construction of a larger apartment style building or multiple residential buildings and associated infrastructure. R-5 zoning will allow for new and diverse development patterns on the subject parcel that compliment development on adjacent sites. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building values as the development pattern will be appropriate to the surrounding character of the district 540 22249 Staff Report for the West Kagy Zone Map Amendment Page 23 of 32 The values of some buildings may improve in the future as new and improved amenities are provided to the area as the site is developed according to the proposed R-5 district, while other buildings’ values are unlikely to be impacted largely due to a robust real estate market and lack of unmitigated offensive uses allowed by the proposed zoning district. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land through the future land use map. This application complies with the BCP 2020 by proposing zone map amendments of districts that continue to implement the future land use map designations. In this case, urban mixed-use development have been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that are appropriate to a site’s context and according to the BCP 2020. Similarly, as stated by the applicant, “… the Bozeman Community Plan illustrates the most appropriate use of the land. In this case Community Commercial Mixed Use development has been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that protect and promote public health, safety, and general welfare.” PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a 541 22249 Staff Report for the West Kagy Zone Map Amendment Page 24 of 32 previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The owner, Reuter Walton Development, 4450 Excelsior Boulevard, St. Louis Park, MN 55416 with SMA Architects, 109 East Oak Street, Suite 2E, Bozeman, MT 59715 acting as Applicant and Representative, submitted application to rezone a property totaling 2.889 acres, including adjacent right-of-way, from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density). Although no specific development plans were submitted with the application the narrative states student housing will be the proposed use. The subject property currently hosts the Bozeman Church of Christ building and associated parking area. The property is on the corner of West Kagy Boulevard and South 19th Avenue. Both streets are designated Principal Arterials according to the Bozeman Area Transportation Plan, 2017 Update. Both R-4 and R-5 are considered high density residential zoning districts. Although there are no differences in the type of residential configurations there are differences in intensity and permitted commercial uses. R-5 allows restaurants and retail as accessory uses to the residential with other limitations. The R-5 district has fewer lot size (area/width) restrictions which allows considerable more development on a given property. Lot coverage and floor area ratios (FAR) are unlimited. Building height is greater which generally allowing an additional story, up to five (5) stories depending on construction and floor pack configuration. The City recently approved the Yellowstone Montessori Academy annexation and rezoning of the property directly to the east encompassing 1.54 acres. The application rezoned the property from County zoning and from R-2 to R-4. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to all owners of property located inside the site and within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on December 4 and 11, 2022. The Community Development Board acting in their capacity as the Zoning Commission hearing is scheduled for December 19, 2022 and the City Commission public hearing is scheduled for January 10, 2023. No public comment has been received as of the date of this report. 542 22249 Staff Report for the West Kagy Zone Map Amendment Page 25 of 32 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property has a future land use designation of: Residential Mixed Use. This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units if buildings include ground floor commercial uses, residences should be located on upper floor variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready-access within and adjacent development Proposed Zoning Designation and Land Uses: The applicant has requested R-5 (Residential Mixed-Use High Density). The R-5 district provides for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in compact, walkable areas to serve the needs of the community’s residents. Single and multi-household dwellings are allowed, along with offices and small-scale retail and restaurants as secondary uses. This district is appropriate for areas adjacent to mixed-use districts and/or served by transit. 543 22249 Staff Report for the West Kagy Zone Map Amendment Page 26 of 32 Sec. 38.310.030. - Authorized uses—Residential zoning districts. Table 38.310.030.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 544 22249 Staff Report for the West Kagy Zone Map Amendment Page 27 of 32 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH General residential Accessory dwelling units* - attached (38.360.040) P P P P P P P — Accessory dwelling units* - detached (38.360.040) P P P P P P P — Apartments/apartment building* — — — — P P P — Cottage housing (38.360.110)* P P P P P P P P Manufactured homes on permanent foundations(38.360.160)* P P P P P P P P Manufactured home communities* — — — — — — — P Single-household dwelling (38.360.210) P P P P P P P P Two-household dwelling (38.360.210) — — P P P P P — Three household dwelling or four-household dwelling (38.360.210) — — — P P P P — Townhouses* & rowhouses* (two attached units)(38.360.240) P 2 P2 P P P P P P 3 545 22249 Staff Report for the West Kagy Zone Map Amendment Page 28 of 32 Townhouses* & rowhouses* (five attached units or less) (38.360.240) — — — P 3 P P P — Townhouses* & rowhouses* (more than five attached units) (38.360.240) — — — — P P P — Group residential Community residential facilities* with eight or fewer residents P P P P P P P P Community residential facilities* serving nine or more residents — — — S P P P — Cooperative household* S S S P P P P S Family day care home* P P P P P P P P Group day care home* P P P P P P P P Group living (38.360.150)* P P P P P P P P Lodging houses* — — — S P P P — Transitional and emergency housing (38.360.135)* and related services S S S S S S S S Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article. 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width. 546 22249 Staff Report for the West Kagy Zone Map Amendment Page 29 of 32 Table 38.310.030.B Permitted accessory and non-residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH Accessory uses Essential services Type I* A A A A A A A A Guest house* A A A A A A A — Home-based businesses (38.360.140) * A/S A/S A/S A/S A/S A/S A/S A/S Other buildings and structures typically accessory to authorized uses A A A A A A A A Private or jointly owned recreational facilities A A A A A A A A Signs*, subject to article 5 of this chapter A A A A A A A A 547 22249 Staff Report for the West Kagy Zone Map Amendment Page 30 of 32 Temporary buildings and yards incidental to construction work A A A A A A A A Temporary sales and office buildings A A A A A A A A Non-residential uses Agricultural uses* on 2.5 acres or more (38.360.260) P — — — — — — — Agricultural uses* on less than 2.5 acres (38.360.260) C — — — — — — — Bed and breakfast* C C C C P P P — Commercial stable (38.360.220) C — — — — — — — Community centers* C C C C C C P C Day care centers* S S S P P P P S Essential services Type II* P P P P P P P P Essential services Type III* 2 C C C C C C C C Short Term Rental (Type 1)* P P P P P P P — Short Term Rental (Type 2)* — — P P P P P — 548 22249 Staff Report for the West Kagy Zone Map Amendment Page 31 of 32 Short Term Rental (Type 3)* — — — — — — — — Golf courses C C — — — — — — General service establishment* — — — — — — P 5 — Offices* — — — — S 3 S 3 P — Public and private parks P P P P P P P P Medical offices, clinics, and centers* — — — — C C 3 P — Recreational vehicle parks (38.360.200)* C — — — — — — P Restaurant* — — — — — P 4 P 5, 6 — Retail* — — — — — P 4 P 5, 6 — Uses approved as part of a PUD per division 38.380 of this article C C C C C C C C Veterinary uses S — — — — — — — Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non- residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 549 22249 Staff Report for the West Kagy Zone Map Amendment Page 32 of 32 3. Only when in conjunction with dwellings. 4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses. 5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant. 6. These uses may not include drive-through facilities. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Reuter Walton Development, 4450 Excelsior Boulevard, St. Louis Park, MN 55416 Applicant: SMA Architects, 109 East Oak Street, Suite 2E, Bozeman, MT 59715 Representative: SMA Architects, 109 East Oak Street, Suite 2E, Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=263192&cr=1 550 Memorandum REPORT TO:City Commission FROM:Brit Fontenot, Economic Development Director SUBJECT:Resolution 5443 Adoption of Bozeman's 2022 Economic Vitality Strategy MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5443 adopting Bozeman's 2022 Economic Vitality Strategy. STRATEGIC PLAN:2.1 Business Growth: Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. BACKGROUND:See attached memo. UNRESOLVED ISSUES:See attached memo. ALTERNATIVES:See attached memo. FISCAL EFFECTS:See attached memo. Attachments: CC Memo 12.06.22 FINAL 11.22.22.pdf Resolution 5443 Adoption of the 2022 Economic Vitality Strategy.docx.pdf Bozeman Economic Vitality Strategy 10.17.22 Final Complete.pdf Report compiled on: November 22, 2022 551 1 City Commission Memorandum REPORT TO: Honorable Mayor and Commissioners FROM: Brit Fontenot, Economic Development Director SUBJECT: Approval of Resolution 5443; Adoption of the City of Bozeman's 2022 Economic Vitality Strategy, MEETING DATE: December 6, 2022 AGENDA ITEM TYPE: Action Item RECOMMENDATION: Approve Resolution 5443 adopting the City of Bozeman's 2022 Economic Vitality Strategy STRATEGIC PLAN: 2.1 Business Growth: Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses in coordination with the Economic Development Plan. 2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to drive economic development. 2.3Workforce Development: Support education and workforce development initiatives to improve the skills of our citizens. BACKGROUND: On November 2, 2022 the Economic Vitality Board voted unanimously recommending approval of Resolution 5443 to the Bozeman City Commission. A link to the video of the meeting is here: November 2, 2022 Economic Vitality Board meeting video. The Economic Development Department has been guided by an economic development strategy since 2009. In 2016, an update was adopted and was intended as a 5 year plan for the City’s economic development priorities and activities. As part of its’ first 2-year workplan adopted in late 2021, the Economic Vitality Board authorized the drafting of an updated economic vitality strategy to guide the City for the next five years in a rapidly changing economic environment. The Economic Vitality Board took a leadership role in advancing the 2022 Strategy by appointing two members of the Board to the Regional Leadership Committee, a broad 552 2 stakeholder group consisting of education, business, economic development and government leaders. The result of the month’s long collaboration and effort are included in the 2022 Economic Vitality Strategy. Unique to this strategy is the inclusion of housing, or lack thereof, as a significant workforce issue limiting economic opportunities. Additionally, a healthy resilient and sustainable economy requires identification and consideration of barriers to economic opportunity. Consequently, diversity, equity and inclusion is a component of this strategy document. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: As determined by the Bozeman City Commission. FISCAL EFFECTS: The fiscal effects of Commission adoption of the 2022 Economic Vitality Strategy are undetermined at this time. Adoption of Resolution 5443, the 2022 Strategy, does not obligate the City to invest additional resources into any of the plan recommendations. The 2022 Strategy is built as a guiding document that identifies areas of advancement over the past several years since the original 2009 Plan was adopted and provides direction and recommendations, based on input from Economic Vitality Board members, educators, private business leaders, staff and our consultant, to advance our economic development efforts over the next 5 years. If the Commission determines that economic development efforts should increase, and thus corresponding resources, that discussion will be part of the yearly budget process. REPORT UPDATED ON: November 22, 2022 DOCUMENT ATTACHMENTS AND LINKS: 1) City commission Resolution 5443 (attached to Granicus cover memo) 2) 2022 Economic Vitality Strategy (attached to Granicus cover memo) 3) Economic Vitality Board 2023-2024 Work Plan 4) City of Bozeman Strategic Plan 5) 2016 Economic Development Strategy 6) Link to the 2016 ED strategy packet materials 553 Version April 2020 RESOLUTION 5443 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE 2022 ECONOMIC VITALITY STRATEGY. WHEREAS, on August 3, 2009, via Resolution 4195, the Bozeman City Commission (the “Commission”) adopted Bozeman’s first economic development strategy; the 2009 Economic Development Plan; and WHEREAS, on November 14, 2016, via Resolution 4730, the Commission adopted the 2016 Economic Development Strategy Update (the “2016 Strategy”); and WHEREAS, the recommended priorities identified in the 2016 Strategy’s Implementation Matrix that could be addressed have been; and WHEREAS, the federal, state and local economy have undergone tremendous transition since the adoption of the 2016 Strategy; and WHEREAS, the 2016 Strategy was intended to be a five (5) year plan; and WHEREAS, on April 16, 2018, via Resolution 4852, the Commission adopted the City’s Strategic Plan, a tenant of which is to support a diversified and innovative economy leveraging our natural amenities, skilled and creative people, and educational resources to generate economic opportunities. WHEREAS, in 2021the Commission appointed the Economic Vitality Board (the “EVB”) to advise the Commission on the economic development activities in Bozeman and its surrounds; and WHEREAS, the EVB identified the 2022 Economic Vitality Strategy update (the “2022 Strategy”) a 2022 – 2023 workplan priority; and WHEREAS, the EVB led the effort by actively participating in, and coordinating internal and external stakeholders input on the 2022 Strategy update and supports the 2022 Strategy and 554 Version April 2020 the recommendations contained therein; and WHEREAS, the Commission remains committed to facilitating mid to high wage job growth and economic strength and diversification in the City and the region through updated and timely economic development planning, strategy and policy updates; and WHEREAS, the Commission recognizes that a strong, vibrant, resilient and sustainable local economy is also diverse, equitable and inclusive; and WHEREAS, the Commission supports the primary tenants of the 2022 Strategy which include: a) Infrastructure investments as mechanism to drive economic development; and b) Education and workforce development initiatives provide businesses with qualified workers; and c) Retention and growth of existing businesses is the priority while remaining welcoming and encouraging to new businesses into the City of Bozeman. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 The 2022 Economic Vitality Strategy is hereby adopted and shall be as follows: See Exhibit A Section 2 Effective Date The Resolution shall be in full force and effective upon passage. 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____. 555 Version April 2020 ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 556 CITY OF BOZEMAN Economic Vitality Strategy (EVS) October 2022 557 PREPARED BY: 558 TABLE OF CONTENTS Introduction ................................................................................................................................ 1 Strategy Purpose .................................................................................................................... 1 What is Economic Vitality? ..................................................................................................... 1 The Gallatin Valley Story ............................................................................................................ 5 Regional Overview ................................................................................................................. 8 Industry Clusters ...................................................................................................................13 National Trends .........................................................................................................................14 Equity ....................................................................................................................................14 Housing Availability ...............................................................................................................17 Climate Change .....................................................................................................................18 Early Learning/Child Care......................................................................................................19 High School Skills Development ............................................................................................21 Small Business Development ................................................................................................21 The Economic Vitality Strategy .................................................................................................24 Vision ....................................................................................................................................24 Values ...................................................................................................................................24 Guiding Principles .................................................................................................................24 Goals and Objectives ............................................................................................................25 Action Matrix..........................................................................................................................28 Evaluation Framework ...........................................................................................................28 Attachment A: Economic Conditions Analysis Attachment B: Action Matrix 559 Bozeman Economic Vitality Strategy | October 2022 1 INTRODUCTION The City of Bozeman is an economic hub for the broader Gallatin Valley and State of Montana. Recognizing that economies and the workforce are not limited by jurisdictional boundaries, the Bozeman Economic Vitality Strategy (EVS) is intended to serve the larger Gallatin Valley area. It will be monitored by City of Bozeman staff to ensure implementation, but it requires engagement from various stakeholders across the Valley. STRATEGY PURPOSE This document is aimed at regional, city and county economic development practitioners, business leaders, elected officials and stakeholders implementing programs that support the growth of businesses and enhance opportunities for individuals to access economic mobility in the Gallatin Valley. This requires alignment and implementation of actions across government agencies and organizations. The Strategy provides deliberate direction to guide actions that will evolve over the next five years to meet dynamic economic and business conditions. The Strategy is constant; the actions and organizations involved in implementation are dynamic. Educate The Bozeman EVS is founded on the vision that the future Gallatin Valley economy will equitably serve residents that live and work in the region. The vision needs broad support and this document should be used to engage elected officials, business leaders, and stakeholders to help amplify the vision and providing support through their actions. Invest The EVS should also be used to leverage greater investment in the region by providing data and rationale used to: 1) obtain grants to fund implementation; 2) encourage private investment; and 3) align federal and state legislative agendas to collaboratively solicit funding to support strategic projects. Collaborate Many organizations are actively trying to create equitable economic growth across the region. It is important to collaborate to maximize collective efforts by: • Coordinating with City of Bozeman staff to let them know about each organization’s work so it can be leveraged across the region. • Engaging other organizations or city departments within a jurisdiction to break down silos and leverage resources to the greatest extent possible and elevate one another’s work. • Supporting programs led by other organizations that implement the Strategy through funding and/or promotion. WHAT IS ECONOMIC VITALITY? Economic vitality is the maintenance of a strong diverse economy with enough growth to provide opportunities for the increasing local population. Economic vitality also encompasses the ability for residents to access jobs and opportunities that contribute to quality of life and 560 Bozeman Economic Vitality Strategy | October 2022 2 financial security. One of the foundational elements for economic vitality is an economic base of traded and local sector businesses that provide various services to the community and job opportunities to create wealth. Traded and Local Sectors Traded sector (also referred to as an export or basic sector) businesses include industries and employers which produce goods and services that are exported outside the production region and therefore bring in new income to the area (e.g., manufactured goods, software development). Bringing new income to the region is critical because it creates a multiplier effect that then supports other local sector jobs. Workers in the traded sector tend to have higher educational attainment and earn higher average wages than local sector workers which increases the overall economic impact. As the job base expands, a community is more attractive to employees because there are more options for career growth. In turn, as employment grows, there is more career mobility for people and competition among employers which can ultimately increase wages. As the traded sectors grow, they create an environment that allows entrepreneurs to develop skills and resources on the job that may encourage them to start a new business and increase employment opportunities within the region. Furthermore, some traded sector companies support a supply chain effect that creates the need for additional companies to supply components of a product that is manufactured or to provide additional services. Cities and regions have concentrations of different types of traded sector industries that differentiate them from other places and can be leveraged for economic development (e.g., Boston has biotech, Houston has energy engineering, and New York has finance). Local sector business consists of industries and firms that are likely to be present in every region. They produce goods and services that are consumed locally in the region where they were made, and therefore largely recirculate existing income in the area (e.g., breweries, physician offices, banks). These businesses are important as they make a community distinct, depending how they are provided by local businesses, and provide amenities to attract young professionals and families that drive the new economy. A sampling of traded and local sector businesses in the Gallatin Valley is indicated in Figure 1 below. In the Gallatin Valley, the difference between traded and local sectors is not as clear. Since tourism is a large portion of the economy, local sectors – especially retail, food and beverage, and hospitality – are bringing in outside income from visitors. However, these local sectors still have lower wages and lower economic impacts than traded sectors. It is important for the Gallatin Valley to work on diversifying the economy so it is not overly dependent on tourism. 561 Bozeman Economic Vitality Strategy | October 2022 3 Figure 1: Example of Gallatin Valley Traded and Local Sector Businesses Source: Bridge Economic Development Traded sector industries have the largest economic impact per job even though they represent fewer jobs than local sectors. Traded sector jobs account for about 34 percent of the economy with average wages of $68,200 per year, as shown in Table 1. Local sector jobs make up 66 percent of the economy with average wages of $42,800. In the U.S. as a whole, traded sectors comprise 36 percent of all jobs which generate 50 percent of the income and 96.5 percent of all patents.1 Traded sector jobs provide a larger proportion of the national income and are responsible for almost all innovation as measured by the quantity of patents associated with the industry. 1 https://clustermapping.us/cluster 562 Bozeman Economic Vitality Strategy | October 2022 4 Table 1: Comparison of Traded and Local Sector Wages, Gallatin County There is an interdependence or multiplier impact between traded and local sector companies. In general, adding one additional skilled job in the traded sector can generate roughly 1.5 to 2.5 jobs in local goods and services. A strong local sector therefore depends on a strong traded sector. And a stronger traded sector-based economy is more resilient to economic shocks like those created by the COVID-19 pandemic and other natural disasters. Local sector businesses typically have a lower barrier to entry as they can require less capital investment and may not require a four-year degree. The local sectors therefore have many opportunities for under-represented and under-resourced individuals to gain access into the market and build wealth. Therefore, local sector businesses are often considered an equity on- ramp opportunity. However, it is important to not entirely focus on local sector businesses as an opportunity for equity. By only using a local cluster focus, a region can ultimately exacerbate income inequality as underserved and under-represented communities are not connected to higher wage employment opportunities among tradable industries. Therefore, it is important to provide equitable opportunities within traded sector industries as well. This Strategy considers both traded and local sectors as part of the overall economy and how they both provide distinct contributions and opportunities for the region. Gallatin County Ann.Jobs Industry NAICS Avg. Wage 2020 2020 Economic Base/Traded Sectors Finance/Insurance 52 $96,600 1,619 Prof. & Tech Services 54 $79,200 4,829 Mining 21 $92,400 188 Information 51 $139,800 698 Mgmt. of Companies 55 $79,700 234 Wholesale Trade 42 $70,100 1,819 Manufacturing 31-33 $55,400 3,599 Ag./Forest/Hunting 11 $40,000 701 Transport./Warehousing 48-49 $44,500 1,302 Admin/Waste Mgmt 56 $40,200 2,260 Subtotal / Average $68,200 17,249 34.1% Local Sectors Construction 23 $58,100 6,413 Retail Trade 44-45 $40,100 8,197 Real Estate 53 $50,400 1,197 Education 61 $34,500 834 Health Care 62 $53,200 5,994 Arts/Rec 71 $27,300 1,463 Hotel/Restaurant 72 $26,600 6,920 Other 81 $40,900 2,323 Subtotal / Average $42,800 33,341 65.9% Total $50,600 50,590 100.0% Source: Bureau of Labor Statistics QCEW; Economic & Planning Systems Z:\Shared\Projects\DEN\223016-Bozeman MT Economic Development Strategy\Data\[213051-City County 2dig NAICS Employment Data_10-01-21.xlsx]T-EVS_Table1 563 Bozeman Economic Vitality Strategy | October 2022 5 THE GALLATIN VALLEY STORY The Gallatin Valley is an area within Gallatin County where most of the County’s population and jobs are located. There is no official or administrative definition of the Gallatin Valley, but it is generally known as the flat, semi-arid, low elevation lands between Bozeman Pass (on the east) and the City of Three Forks (on the west) along the I-90 corridor, illustrated in Figure 2. These are historic Native American lands used in the summer months to hunt, fish, and prepare for the long winter. Today, after settlers displaced the Native American population, it includes the municipalities of Bozeman, Belgrade, Manhattan, and Three Forks plus the unincorporated areas of Four Corners, Gallatin Gateway, and other smaller unincorporated communities. The population of this region is approximately 110,000 including the City of Bozeman (51,000) and Belgrade (10,800). The City of Bozeman is the third-largest city in the State of Montana, the largest City in the Gallatin Valley, and home of Montana State University (MSU). Surrounded by scenic mountains, rugged trails, and fish-filled rivers, Bozeman is an outdoor enthusiast’s dream. Adventure seekers have discovered that Bozeman also offers economic opportunity with a vibrant and diverse industry base ranging from photonics to specialty manufacturing. With the proximity of the Bozeman Yellowstone International Airport, the “Triangle” - comprised of Belgrade, Four Corners, and Bozeman - serves as the economic hub for the Gallatin Valley and beyond. A unifying factor across the Valley is a culture of grit, smarts, and strong work ethic that encourages entrepreneurs to thrive and innovation to emerge. This forward-thinking population prizes sustainable practices and solutions to shift climate change with an understanding that precious natural resources (e.g., water) and the tourism trade depend on a healthy environment. The residents of Gallatin Valley respect hard work and diverse individuals that reside year-round in the community and are committed to sustainable long-term growth. Wealth is defined by a personal lifestyle that affords the ability to live, educate, recreate and commune in Gallatin Valley year-round. While not within the Gallatin Valley proper, there are three important nearby assets and communities: Bridger Bowl Ski Area, Big Sky and Big Sky Mountain Resort, and West Yellowstone. Bridger Bowl is one of the oldest winter sports areas in the west and is known among dedicated skiers for its challenging terrain and low-key local crowd. Big Sky has emerged over the past decade or so as one of the top winter sports destinations in North American. It is known for its massive 5,000+ acre size and some of the most difficult runs in North America. It is also one of the most luxurious and exclusive mountain communities in North America. Homeowners and visitors include the ultra-wealthy, CEOs, and venture capital investors that largely reside in the Yellowstone Club and Spanish Peaks. The growth of Big Sky has brought an influx of wealth and investment to the Gallatin Valley, which is funding startups and bringing outpost office locations of larger firms to the region. The Town of West Yellowstone is the western gateway to Yellowstone National Park. Thousands of visitors stay in and pass-through Bozeman and West Yellowstone each year on their way to and from Yellowstone National Park (YNP). West Yellowstone is a year-round recreation destination in itself with guided snowmobiling and ski touring in the winter, hunting, and fishing and hiking in the warmer months. 564 Bozeman Economic Vitality Strategy | October 2022 6 Figure 2. Gallatin Valley Region Source: EPS 565 Bozeman Economic Vitality Strategy | October 2022 7 In addition to a vibrant natural setting, Gallatin Valley benefits from a well-supported and thriving arts and culture scene. Because it enhances the quality of life, this asset is an important complement to community development, enriching local amenities and attracting young professionals to the area. Furthermore, arts and culture create job opportunities and stimulate local economies through consumer purchases and tourism, which contribute greatly to state economic growth. The Gallatin Valley also has economic linkages to other places in Montana. Along the I-90 corridor, there is bioscience collaboration (and competition) between MSU in Bozeman and the University of Montana in Missoula. Billings Clinic is expanding its health care services in Bozeman and staff and doctors share time between the two regions. Some workers are commuting from other counties due to housing costs and preference. With the growth of remote working, there is an opportunity to shift some of the jobs in Gallatin Valley to these rural communities to their benefit. Bozeman Yellowstone International Airport (BZN) is the busiest airport in the state with 1.9 million passengers in 2021 compared to approximately 700,000 at Billings Logan International Airport. BZN airport increases the reach of the Gallatin Valley with direct flights indicated in Figure 3 to major cities throughout the U.S. The airport is a major economic engine that brings in tourists, but also investment and innovation. Figure 3. Bozeman Yellowstone International Airport direct flights 566 Bozeman Economic Vitality Strategy | October 2022 8 REGIONAL OVERVIEW Population The population of Gallatin County is 119,000 and has grown by a third since 2010 at an annual rate of 2.6 percent per year (Table 2). The City of Bozeman has over 50,000 people now which places it in a new category of eligibility for federal transportation and community development grant funding. Bozeman added over 14,000 people since 2010 at a rapid annual rate of 2.9 percent. The entire Valley is growing fast, as Belgrade grew by over 40 percent at 3.3 percent per year. The unincorporated remainder of the County, including Big Sky, Four Corners, and Gallatin Gateway added over 12,000 people. Table 1. Population by Place, Gallatin County Economy In Gallatin County there were nearly 60,000 wage and salary jobs in 2020 plus another 25,000- 30,000 sole proprietor jobs (self-employed) for a total of about 90,000 jobs. Within the City of Bozeman there were about 30,000 private wage and salary jobs plus 4,200 faculty and staff at MSU. The largest industries in the City of Bozeman and Gallatin County are local and tourism sectors including retail trade, hotels and restaurants, construction, and health care (Figure 4). The traded sectors of professional and technical services and manufacturing are the next largest groups of industries. These data show that the area is today heavily reliant on trade and tourism. Ann. Growth 2010 2021 Total Change % Change Rate Bozeman 37,354 51,405 14,051 37.6%2.9% Belgrade 7,535 10,796 3,261 43.3%3.3% Manhattan 1,525 1,829 304 19.9%1.7% Three Forks 1,871 2,375 504 26.9%2.2% Unincorporated 43,099 55,290 12,191 28.3%2.3% Gallatin County 89,513 119,320 29,807 33.3%2.6% Source: ESRI, Economic & Planning Systems Z:\Shared\Projects\DEN\223016-Bozeman MT Economic Development Strategy\Data\[Population, Gallatin County, MT.xlsx]Sheet2 567 Bozeman Economic Vitality Strategy | October 2022 9 Figure 4. Wage and salary jobs by industry, Bozeman and Gallatin County, 2020 The economy in Gallatin County and Gallatin Valley is changing rapidly, however. First, the County added 7,000 jobs from 2015 through 2020, a growth rate of 2.6 percent per year and a 13.5 percent increase (Table 3). The industries with the most growth are highlighted below. ▪ Professional and technical services added 934 jobs with average wages near $80,000 per year. This sector had the most growth outside of construction. This is a significant change and shows that companies in Greater Bozeman are expanding, and new firms are being formed or attracted. The area is attracting knowledge-based companies and workers. ▪ Countywide, construction was also one of the fastest growing industries with 1,700 jobs added from 2015 through 2020. Growth in construction jobs is being fueled by major resort projects are underway in Big Sky, plus the growth in the Gallatin County. Anecdotally, many construction workers are moving to the area temporarily to fill jobs and may move to other locations as major projects are completed or if the economy slows. ▪ Manufacturing also had significant growth which is rare in small metro areas. Manufacturing is a diverse and important sector in Greater Bozeman. This sector grew by 562 jobs with average wages of about $55,000. ▪ Health care also grew significantly, which is consistent with national trends. People are living longer, more people have health insurance, and the large baby boomer population $40,100 $26,600 $58,100 $53,200 $79,200 $55,400 $40,900 $40,200 $70,100 $96,600 $27,300 $44,500 $50,400 $34,500 $40,000 $139,800 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 Retail Trade Hotel/Restaurant Construction Health Care Prof. & Tech Services Manufacturing Other Admin/Waste Mgmt Wholesale Trade Finance/Insurance Arts/Rec Transport./Warehousing Real Estate Education Ag./Forest/Hunting Information Total Jobs Bozeman Gallatin County Source: Bureau of Labor Statistics; MT Dept. of Labor; Economic & Planning Systems Z:\Shared\Projects\DEN\223016-Bozeman MT Economic Development Strategy\Data\[213051-City County 2dig NAICS 568 Bozeman Economic Vitality Strategy | October 2022 10 is aging and increasing health care demand. Health care added 881 jobs, a 17 percent increase. Table 2. Change in wage and salary jobs by industry 2015-2020 and 2020 average wages Economy Comparisons Comparing the Gallatin County and Bozeman economy to other areas provides additional context for the importance of economic diversity. First, a metric called a location quotient (LQ) is used to compare the mix of jobs in traded and local sectors in comparison counties. Next, the economic productivity of each area is shown – areas that have higher concentrations of traded sector jobs have more economic productivity. Ann. Avg. Industry 2015 2020 Change % Change Wage 2020 Economic Base/Traded Sectors Finance/Insurance 1,447 1,619 172 11.9%$96,600 Prof. & Tech Services 3,895 4,829 934 24.0%$79,200 Mining 197 188 -9 -4.6%$92,400 Information 578 698 120 20.8%$139,800 Mgmt. of Companies 252 234 -18 -7.1%$79,700 Wholesale Trade 1,582 1,819 237 15.0%$70,100 Manufacturing 3,037 3,599 562 18.5%$55,400 Ag./Forest/Hunting 554 701 147 26.5%$40,000 Transport./Warehousing 1,284 1,302 18 1.4%$44,500 Admin/Waste Mgmt 1,730 2,260 530 30.6%$40,200 Subtotal / Average 14,556 17,249 2,693 18.5%$68,200 Local Sectors Construction 4,754 6,413 1,659 34.9%$58,100 Retail Trade 7,584 8,197 613 8.1%$40,100 Real Estate 880 1,197 317 36.0%$50,400 Education 657 834 177 26.9%$34,500 Health Care 5,113 5,994 881 17.2%$53,200 Arts/Rec 1,419 1,463 44 3.1%$27,300 Hotel/Restaurant 7,065 6,920 -145 -2.1%$26,600 Other 1,994 2,323 329 16.5%$40,900 Subtotal / Average 29,466 33,341 3,875 13.2%$42,800 Total (disclosable)44,022 50,590 6,568 14.9%$51,500 Total Jobs (without disclosure)52,059 59,071 7,012 13.5% Source: Bureau of Labor Statistics QCEW; Economic & Planning Systems Z:\Shared\Projects\DEN\223016-Bozeman MT Economic Development Strategy\Data\[213051-City County 2dig NAICS Employment Data_10-01-21.xlsx]T-EVS_Table2 Jobs Note: Industry employment figures do not include all jobs due to privacy limitations. Summing employment by industry components yields less jobs than the actual totals which are not limited by privacy disclosure issues. 569 Bozeman Economic Vitality Strategy | October 2022 11 A location quotient (LQ) measures the concentration of an industry in an area as a ratio of the percentage of jobs in the analysis area divided by the percentage in the U.S. A LQ ratio is used to compare the concentrations of industries across different regions and asses local industry strengths or specializations. The LQ is important for determining an inherent economic strength of a community. In developing an economic vitality strategy, it is best to invest time and money where there is a competitive advantage already existing in the community rather than trying to create an industry cluster without an intrinsic base. The LQs for traded and local sectors in Gallatin County are compared to several comparison Counties with their major city noted in Table 3. ▪ Bozeman has lower concentrations in most traded sectors than the comparison communities and higher concentrations in local sectors. ▪ As larger cities/metros, Boulder and Boise have more diverse economies. ▪ Boulder and Boise/Ada County have higher concentrations of jobs in knowledge and financial industries. ▪ Ogden, UT/Weber County has more than twice the manufacturing concentration than Bozeman (aerospace, defense, outdoor products, advanced materials) ▪ Boulder and Fort Collins also have higher concentrations of manufacturing at 1.29 and 1.02. The differences in the mix of jobs and industries in each area is due to numerous historical, geographic, and economic factors. How an area was settled historically (e.g. agriculture, railroad, mining, university) influences the early and legacy industries in that community. The location and proximity to other cities and industries also affects the economic composition. Larger cities and counties, and cities and counties within larger metro areas also tend to have more diverse economies and more racial and ethnic diversity. 570 Bozeman Economic Vitality Strategy | October 2022 12 Table 3. Location quotient comparisons As shown below in Figure 5, the regions with higher concentrations of traded sector jobs are the most productive; they generate the most economic output per job. Gross Regional Product (GRP) is the local or regional equivalent of GDP (Gross Domestic Product). GRP is the value of all goods and services produced in an economy. GRP per job is a measure of the productivity of the labor force and firms in the economy – the value of the output created from each worker. ▪ Boulder, CO has the most productive economy with nearly $150,000 in annual output per worker, followed by Fort Collins, CO at $118,000. ▪ Bozeman and Gallatin County are at the lower end of the spectrum of the comparison communities due to the higher concentration of tourism and local serving jobs. These data reinforce the focus of this strategy on diversifying the economy with a focus on traded sectors to provide the economic engine for the region, and local sectors providing the support for quality of life and on-ramps to business ownership and wealth building. Bozeman/Gallatin Highest Industry Location Quotient Concentration Traded Sectors Agriculture, forestry, fishing and hunting 1.33 Corvallis/Benton 3.21 Mining, quarrying, and oil and gas extraction 0.82 Bozeman/Gallatin 0.82 Information 0.63 Boise/Ada 1.14 Management of companies and enterprises 0.24 Boise/Ada 1.05 Professional and technical services 1.20 Boulder/Boulder 2.47 Wholesale trade 0.76 Boise/Ada 1.22 Manufacturing 0.70 Ogden/Weber 1.61 Transportation and warehousing 0.55 Boise/Ada 0.70 Finance and insurance 0.63 Boise/Ada 1.14 Local Sectors Utilities 0.50 Boise/Ada 1.03 Construction 2.09 Bozeman/Gallatin 2.09 Retail trade 1.31 Bozeman/Gallatin 1.31 Real estate and rental and leasing 1.30 Bozeman/Gallatin 1.30 Administrative and waste services 0.62 Boise/Ada 1.38 Educational services 0.72 Boulder/Boulder 0.79 Health care and social assistance 0.72 Missoula/Missoula 1.22 Arts, entertainment, and recreation 1.99 Bozeman/Gallatin 1.99 Accommodation and food services 1.47 Bozeman/Gallatin 1.47 Other services, except public administration 1.39 Missoula/Missoula 1.57 Source: Economic & Planning Systems Z:\Shared\Projects\DEN\223016-Bozeman MT Economic Development Strategy\Data\[223016-QCEW.xlsx]T-LQ vs Peers 571 Bozeman Economic Vitality Strategy | October 2022 13 Figure 5. Gross regional product per job, Gallatin County and selected comparison areas INDUSTRY CLUSTERS Industry clusters are groups of similar and related traded sector businesses that share common markets, technologies, and worker skill needs, that are often linked by buyer-seller relationships. Industry clusters represent distinct qualities of a community and help define what makes one community different from another. Industry clusters are a way of communicating, marketing, and leveraging the presence of these concentrations of skills, resources, and relationships. The EVS is organized around supporting seven traded sector clusters and three local sector clusters summarized in Table 4 and Table 5. Appendix A provides a more detailed description of these industry clusters. Table 4. Traded sector industry clusters Estimated Estimated Estimated Industry Cluster Stage Jobs Firms Wages Description Traded Sectors Photonics Mature 800 35 $60,000-$100,000+Science and technology of generating, detecting, and controlling light. Quantum Computing Nascent Less than 100 Less than 20 $60,000-$100,000+Uses atomic motion to perform computing operations. Biotechnology Growing 100 to 400 Not available $40,000-$90,000+Medical and drug research and technology. Software/Information Technology (IT)Mature 1,350 240 $60,000-$140,000+Programming and system design. Outdoor Equipment Mature 500-1,000 Not available $40,000-$90,000+Outdoor equipment design, manufacturing, and marketing. Capitalizes on Bozeman brand. Within manufacturing industry of 3,600 jobs. Speciality Manufacturing Mature 1,000+Not available $40,000-$60,000 Specialty products including metal products, musical instruments, and food and beverage. Within manufacturing industry of 3,600 jobs. Climate Technology Nascent Not available Not available $40,000-$90,000+Emerging cluster of technologies that are explicitly focused on addressing climate change. Wide range of industries. Source: Economic & Planning Systems Z:\Shared\Projects\DEN\223016-Bozeman MT Economic Development Strategy\Data\[223016 Industry Cluster Definitions (CH).xlsx]T-FinalClusters_Traded 572 Bozeman Economic Vitality Strategy | October 2022 14 Table 5. Local sector industry clusters NATIONAL TRENDS There are fundamental national issues facing the community that need to be addressed in order to foster economic vitality. EQUITY In the context of economic vitality, equity is defined as an economic system that ensures under- represented and under-served people have the same level of access to the economy and wealth creation as all other residents. Equity is not equality. Equality is sameness or treating everyone the same regardless of identity, life circumstance, or needs. The same resources or services may be available to all, but some people may face barriers in accessing or benefitting from them. Equity recognizes the differences and works to remove the barriers to access opportunity. Photo caption: Equality is when everyone has access to a bicycle. Equity is when everyone is able to benefit from having access to a bicycle because the design of each bicycle meets their unique needs. Estimated Estimated Estimated Industry Cluster Stage Jobs Firms Wages Description Local Sectors Construction Mature 6,400 1,290 $50,000-$60,000 $100,000 in heavy construction Residential and commercial buildings, skilled trades, and heavy/civil engineering construction. Small Business Ownership Growing N/A N/A Varies Small businesses across all sectors. Self employed is 25-30% of all jobs in Gallatin County. Health Care Mature 6,000 500+$40,000-$90,000+Medical services provided through hospitals and small practices. Includes doctors, nurses, and home service providers. Source: Economic & Planning Systems Z:\Shared\Projects\DEN\223016-Bozeman MT Economic Development Strategy\Data\[223016 Industry Cluster Definitions (CH).xlsx]T-FinalClusters_Local 573 Bozeman Economic Vitality Strategy | October 2022 15 Wealth Creation Wealth creation is generally attained through career opportunities with living-wages, business ownership and real estate ownership. Income is only one measurement of wealth. Net worth, or wealth, includes income, homes, stock-market investments, businesses, and other owned assets, minus debt. Available data to compare wealth is generally available on a national level and is therefore considered here in that context. Nationally, the net worth of a typical white household is nearly ten times greater than that of a typical Black household, and eight times greater than a Hispanic household. According to a survey by the Federal Reserve in 2017, the median net worth of African-Americans ($17,600) was only a tenth that of non-Hispanic whites ($171,000).2 Furthermore, nearly 20 percent of Black households have zero or negative net worth compared to 14 percent of households identifying as other or multiple race,3 13 percent of Hispanic households, and only nine percent of white households.4 Figure 6: Family Median Net Worth, Thousands of 2016 Dollars Source: Federal Reserve Board, Survey of Consumer Finances As the following chart shows, higher income levels are correlated with educational attainment. However, ensuring parity in college degree attainment alone will not solve the racial disparity in the wealth gap. 2 Recent Trends in Wealth-Holding by Race and Ethnicity: Evidence from the Survey of Consumer Finances, Federal Reserve, September 2017 3 Other families--a diverse group that includes those identifying as Asian, American Indian, Alaska Native, Native Hawaiian, Pacific Islander, other race, and all respondents reporting more than one racial identification. 4 ibid 17.6 20.7 64.8 171 Black or African-American Hispanic or Latino Other or Multiple Race White non-Hispanic 574 Bozeman Economic Vitality Strategy | October 2022 16 Figure 7: Median Weekly Earnings and Unemployment Rate by Educational Attainment, 2017 Source: Bureau of Labor Statistics, 2017 Real estate equity and the transfer of wealth are important determinants of household wealth creation. However, generations of under-represented Americans have had limited access to real estate assets due to discriminatory policies throughout the 20th century including the Jim Crow era’s “Black Codes” strictly limiting opportunity in many southern states, prior to Federal Housing Administration (FHA) lending restrictions,5 and redlining. In addition, research shows that Black-owned real estate is systemically (and historically) devalued, leading to less wealth creation than the same assets for White households.6 Business ownership is another significant (and perhaps the most important) source of wealth creation. In the U.S., approximately 77 percent of wealth created in 2015 came from owning a private company or professional firm.7 Research shows that business ownership is also associated with higher levels of economic mobility.8 And yet, there are significant racial disparities in business ownership rates and business performance (i.e., revenue and profitability) that lead to even more disparities in wealth creation. In the U.S.: “Nationally, people of color represent about 40 percent of the population, but only 20 percent of the nation’s 5.6 million business owners with employees. The U.S. could have millions more businesses if women and minorities became entrepreneurs at the same rate as white men.” 9 Businesses owned by people of color earn just 48 percent of the revenue of white- owned firms.10 5 Rothstein, Richard. Color of Law. 2017 6 Perry, Andre. Know Your Price: Valuing Black Lives and Property in America's Black Cities. 2020 7 Benson, R. (2015). Wealth Creation through Business Ownership. American Business Advisors. 8 Perspectives on Inequality and Opportunity from the Survey of Consumer Finances, Janet Yellen, October 2014 9 Liu, S. & Parilla, J. “Businesses owned by women and minorities have grown. Will COVID-19 undo that?” Brookings. April 14, 2020. https://www.brookings.edu/research/businesses-owned-by-women-and-minorities-have-grown-will- covid-19-undo-that/ 10 Zeuli, K., Nijhius, A., Eberhardt, P., O’Shea, K., & Verchot, M. (2018). Helping entrepreneurs of color grow their business: Early insights from the Ascend 2020 initiative. Boston: MA, ICIC. 2015 U.S. Census Bureau Annual Survey of Entrepreneurs data for privately held firms with paid employees. $1,743 1,836 1,401 1,173 836 774 712 520 1.50% 1.5 2.2 2.5 3.4 4 4.6 6.5 Doctoral degree Professional degree Master's degree Bachelor's degree Associate degree Some college, no degree High school diploma, no college Less than a high school diploma Unemployment rate Median usual weekly earnings 575 Bozeman Economic Vitality Strategy | October 2022 17 In Bozeman, the most recent Survey of Business Owners and Self-Employed Persons (SBO) from the United States Census Bureau was conducted in 2012, at the time Bozeman was estimated to have 7,473 total firms, 26.6 percent of that were owned by women and 0.03 percent that were minority owned. One piece of the wealth gap is income. Data for our city and region has limited reliability because of relatively low population and even lower numbers of people of color. With this in mind, according to American Community Survey 5-year estimates (2015-2019), the City of Bozeman has an average household median income was $55,569. While Asian households had almost twice the average median income, $106,204, White households were slightly above the average at $57,523 and all other households were below the average. Black or African American households made slightly less at $54,375 and American Indian and Alaska Native households made $50,536. Households that selected some other race or Hispanic or Latino origin had the lowest median income, $43,023 for some other race and $33,833 for Hispanic or Latino households.11 Diversity and Inclusion In working toward equity, a community must recognize and respond to the importance of diversity and inclusion. The City of Bozeman has adapted from the Government Alliance on Race & Equity the following definitions of diversity and inclusion. Diversity is the variation and difference across individuals in a group, organization, or community. A group can be described as diverse when it is made up of individuals of varying characteristics. Some examples are race, ethnicity, language-spoken, nationality, cultural identity, spiritual practice, age, gender identity, gender expression, sexual orientation, ability, and income or socioeconomic status. When striving for diversity, residents honor the richness, value, and benefits of bringing people with different perspectives, identities, and experiences together. Inclusion is what is done with diversity. An individual, group, organization, or community is inclusive when differences and variation are leveraged and celebrated. When residents strive for inclusion, they are aware of how words, actions, and beliefs impact others. Inclusive spaces are those in which people are respected, heard, and feel like they belong, even when they hold different identities, experiences, or perspectives from each other. HOUSING AVAILABILITY The median home price in Bozeman is $812,000 as of May 2022 and ended the year 2021 at $700,000, which is the available data for comparison with other cities (Figure 8). Increasing access to available housing is a major priority for residents and business owners across the Valley. The limited availability of homes is driven by three main factors: 1) not enough overall supply; 2) increases in in-migration related to the pandemic and remote working; and 3) the increase in housing costs for new construction. All of these factors increase home prices making them inaccessible for average wage-earners. 11 Equity Indicators Project, Thomas P. Miller and Associates, July 2021 576 Bozeman Economic Vitality Strategy | October 2022 18 Figure 8. 2021 median home price, Bozeman and selected comparison cities In all interviews with community and business stakeholders, housing costs in Bozeman were identified as the number one concern. The City’s Community Housing Action Plan, adopted in November, 2019 and amended in January, 2020, proactively addresses this significant issue. Additionally, the city has aligned the housing program within the Economic Development Department in response to the State Legislature’s removal of a city’s regulatory authority via inclusionary zoning to increase the number of cost-efficient housing units in a community. The city is currently pursuing an incentive-based approach to achieve additional community housing units. Community housing is critical infrastructure necessary to serve employees, students and residents and maintain a vital economic base. Recommendations in this Economic Vitality Strategy are developed in collaboration with housing program staff and supplement existing work. In order to serve the community and economic base with employees ranging from teachers, doctors and manufacturers, it is important to utilize the existing housing supply for permanent year-round residents. Currently, Bozeman has competing interests for housing between residents, MSU graduate and non-traditional students, and tourists staying in short term rentals. While maximizing the availability of existing housing stock, it is also necessary to decrease the cost of new housing. This can be accomplished by permitting the construction of smaller sizes housing units on smaller property footprints. This approach to a simplified housing unit size requires less construction material, less or more efficient utility infrastructure and encourages a built environment that allows people to walk and bike instead of driving a vehicle when appropriate. All of these outcomes not only reduce the cost of housing, but help mitigate climate change. CLIMATE CHANGE A recent Environmental Protection Agency (EPA) analysis12 shows that the most severe harms from climate change fall disproportionately upon underserved communities who are least able to prepare for, and recover from, heat waves, poor air quality, flooding, and other impacts. A 12 Climate Change and Social Vulnerability in the United States, EPA, September 2021 f 577 Bozeman Economic Vitality Strategy | October 2022 19 community can proactively address these impacts by: 1) mitigating climate change by reducing greenhouse gas (GHG) emissions; and 2) becoming resilient in order to quickly adapt to future impacts. Climate change also threatens the natural and recreational assets that are important to the economy – not just the tourism economy but also the quality of life that is attracting traded sector firms. Changing precipitation patterns (warmer, drier), earlier and faster snowpack melt off, more frequent and larger wildfires are all expected to affect the natural environment and quality of life in the Gallatin Valley. Specifically, a less reliable snowpack and a drier climate will affect the winter sports industry and river recreation businesses. Warmer summers will increase river water and air temperatures, the latter requiring additional air conditioning use which in turn demands more energy use and production, creating additional impact if more energy isn’t source from renewables. Mitigation The Bozeman Climate Plan, 2020, identifies how the city can take actions to reduce per-capita GHG emissions. The Plan states that 57 percent of Bozeman’s 2018 emissions came from residential and commercial building energy use, which is the highest source of emissions. Improving building efficiency and increasing renewable energy supply are paramount to achieving the near-term emissions reduction goal. Innovative companies understand the real implications of climate change and are increasingly seeking ways to enhance sustainable practices. Utilizing non-carbon generating energy sources is a strategic advantage for companies seeking to meet environmental, social and governance (ESG) criteria used by socially conscious investors to screen potential investments. Collaboration between Gallatin Valley stakeholders and the local utility provider, NorthWestern Energy, to recognize this competitive advantage for ESG financing, or in Montana, Commercial Property Assessed Capital Enhancements (C-PACE), could help shift power generation investments. Resilience The Bozeman Climate Plan (The Plan) calls out a need for improved systems regarding water use and agriculture production. Innovation within the food systems development process presents many opportunities for emission reductions through improved agricultural practices, lower-carbon food products, production and transportation efficiency, and waste reduction. The Plan also encourages the development of a robust local food supply to reduce food insecurity and improve food system resiliency. EARLY LEARNING/CHILD CARE Child care is critical infrastructure for working parents, but it also enables children to be in a setting that promotes their healthy development and school readiness (while their parents work). In this way, child care not only has a direct impact on the economy today, but also impacts the economy of tomorrow. Rigorous evidence from studies of random assignment to high-quality preschool suggests that early childhood policy interventions have wide-ranging long-term impacts.13 Nobel Prize winning University of Chicago Economics Professor James Heckman’s 13 Diane Whitmore Schanzenbach Ryan Nunn Lauren Bauer Megan Mumford Audrey Breitwieser, Seven Facts on Noncognitive Skills from Education to the Labor Market, October 2016 578 Bozeman Economic Vitality Strategy | October 2022 20 work outlines the great gains to be had by investing in the early and equal development of human potential. He finds that investing in comprehensive birth-to-five early childhood education is a powerful and cost-effective way to mitigate negative consequences on child development and increase adult opportunity. “The gains are significant because quality programs pay for themselves many times over. The cost of inaction is a tragic loss of human and economic potential that we cannot afford.”14 Unfortunately, while wages are stagnating as indicated in Figure 9, the cost of organized child care is increasing and presents a substantial financial hurdle for many working parents with children, especially those working for low wages. Figure 9: US Median Household Income 1967-2016 The cost of care in the Gallatin Valley remains a barrier for many parents seeking to enter or stay in the labor force. The average annual cost of child care in Montana for an infant is $9,096 in a child care center and $7,440 in a family child care home.15 Subsidized child care can encourage low-skilled parents to maintain their connection to the labor force or to upgrade their skills through education, thereby contributing to economic growth and productivity over the longer term. Since 2010, the number of family child care homes in Montana has declined from 2,323 to 1,633 in 2016 – a decline of 29.7 percent. For working families, the decline in home-based care reduces the availability of the least expensive care option for families.16 In addition to the growing demand for child care and an increasing scarcity of affordable facilities, is a need for more workers. According to the U.S. Bureau of Labor Statistics, there are approximately 330 child care workers in Southwest Montana, which includes Gallatin Valley. With a ratio of 2.41 workers/1,000 people, the talent pool is similar to the national average (LQ: 14 García, Jorge Luis, James J. Heckman, Duncan Ermini Leaf, and María José Prados. “The Life-cycle Benefits of an Influential Early Childhood Program.” 2016 15 Montana Fact Sheet 1312019.pdf (ced.org) 16 Ibid 579 Bozeman Economic Vitality Strategy | October 2022 21 1.0).17 Recruiting qualified workers for this sector is also more difficult due to low wages; the average annual salary is $38,890 – the average national median wage is $49,150.18 Increasing the supply of child care is critical for the economy to maximize the full potential of the available workforce. More importantly, providing early learning is an important investment in communities that help ensure they can realize their human and economic potential. HIGH SCHOOL SKILLS DEVELOPMENT Career technical education (CTE) and science, technology, engineering, and math (STEM) education are essential for all students, regardless of their aspirations. These studies not only impart important technical skills and knowledge to succeed in a technology-based economy, they also enhance student agency, creativity, critical thinking, problem solving, teamwork, adaptability, and habits of mind and dispositions that make for future success. Most importantly, CTE and STEM education greatly affect learners’ engagement, achievement, and persistence in school. The Bozeman School District is actively supporting students through the Career and Technical Education (CTE) Pathways program that gives BSD7 students opportunities to explore--and even begin--careers while they are still students in the Bozeman School District. The existing CTE Pathways website is intended to: 1) increase student, family, staff, and community awareness of the CTE pathways that begin in the schools and can lead to a variety of post high school degrees, certifications, and job opportunities in our community; and 2) showcase the work-based learning options, certifications, and degrees that are in concert with the established pathways. SMALL BUSINESS DEVELOPMENT In developing tactical actions to support small business growth, it is important to recognize that small businesses are not uniform and those in different size categories face different challenges in accessing financing and technical support. Not all small businesses are positioned to scale. As identified by TEConomy Partners, LLC, while most entrepreneurs start by forming small businesses, not all small businesses are entrepreneurial. Small business owners develop companies to generate wealth and provide employment and income for themselves and others. Entrepreneurs are interested in creating innovative products or services that lead to further investment and growth. Understanding the different motivations and needed support services for these two types of businesses is important in developing the strategy and actions. In Montana, 21,334 firms within the state have less than five employees as shown in Figure 10. This amount is 64 percent of the overall firms in the state, which is higher than the U.S. amount of 62 percent shown in Table 7. 17 U.S. Bureau of Labor Statistics https://www.bls.gov/oes/current/oes211021.htm 18 Ibid 580 Bozeman Economic Vitality Strategy | October 2022 22 Figure 10: Firm Size Montana, 2019 Source: Bridge Economic Development, US Census SUSB Historical Data Table 7: Proportion of Firm Size Montana and U.S., 2019 Size of Firm Montana United States <5 employees 64% 62% 5-9 employees 16% 17% 10-19 employees 9% 11% 20-99 employees 7% 9% 100-499 employees 2% 2% 500+ employees 3% 0.34% Source: Bridge Economic Development, US Census SUSB Historical Data The majority of entrepreneurs within the photonics industry emerged from MSU. The original university research and development (R&D) was applied to commercial uses and small businesses were formed. This R&D element that is dependent on graduate students and professors from across the world is vital for growing the industries emerging within Gallatin Valley. Many of the original small businesses have grown into large companies and some have been acquired by global firms. This evolution of R&D to commercialization of new technologies to manufacturing production is a complicated and lengthy process that requires a regional ecosystem of support. Gallatin Valley is fortunate to host an asset such as MSU that is supporting the development of various industry startups as identified below in Figure 11. 21,334 5,282 3,130 2,329 539 942 0 5,000 10,000 15,000 20,000 25,000 <5 employees 5-9 employees 10-19 employees 20-99 employees 100-499 employees 500+ employees 581 Bozeman Economic Vitality Strategy | October 2022 23 Figure 11: MSU Industry Startups through 2021 Source: MSU Technology Transfer Office (TTO) 582 Bozeman Economic Vitality Strategy | October 2022 24 THE ECONOMIC VITALITY STRATEGY The City of Bozeman and regional stakeholders, including Economic Vitality Board members, developed the following Strategy to respond to national trends and leverage unique local assets to foster economic vitality across Gallatin Valley. VISION Outcome of implementing the Strategy: Gallatin Valley is a hub of opportunity, job creation, and exports for Montana where people of all backgrounds, incomes, and identities can live and work. VALUES Guide desired economic development outcomes. We as a city value: Equitable Economic Growth that improves economic mobility, builds wealth and provides equal opportunities for under-represented individuals A Sustainable Economy with varied industries and business sizes including diverse ownership Resilient Infrastructure to endure economic shocks and climate change, which includes areas such as adequate workforce housing, water supply, renewable energy, and multi-modal transportation Engaged Higher Education that supports an entrepreneurial ecosystem and talent pipeline to careers in the Gallatin Valley throughout students’ education Innovation that captures opportunities in emerging technologies and industries including those aligned with national interests (e.g., defense, energy, climate) Fostering a Small Business Hub through a supportive network that generates opportunity for wealth building of under-resourced individuals and retains businesses through succession planning GUIDING PRINCIPLES General guidelines that shape the Strategy actions and implementation: Gallatin Valley Residents that live and work in the community are the focus of the Strategy 583 Bozeman Economic Vitality Strategy | October 2022 25 Engagement with the State of Montana to help rural areas leverage economic growth in Gallatin Valley Regional Partners are Actively Engaged to effectively implement objectives Clear and Transparent Roles and Lead Organizations are identified to efficiently implement the Strategy Grounded Aspiration to recognize and capture opportunities that are available and realistic for the Gallatin Valley region GOALS AND OBJECTIVES Based on the key findings, values and guiding principles, the City of Bozeman and stakeholders identified the following goals and objectives to guide economic vitality actions implemented by regional stakeholders, which are outlined in a separate Action Matrix document, over the next three to five years. 1) Provide Opportunity for Gallatin Valley Residents Wealth creation provides the opportunity for all local residents to sustainably live in the Gallatin Valley. It is important for four reasons: 1) wealth creation is a safety net that keeps households from being derailed by temporary setbacks and the loss of income; 2) it allows people to take career risks knowing that they have a buffer when success is not guaranteed or immediately achieved; 3) family wealth affords residents to access housing in neighborhoods with good schools, thereby enhancing the upward mobility of their own children; 4) wealth creation affords people opportunities to be entrepreneurs and inventors; and 5) creates inter-generational wealth. Finally, the income from wealth is taxed at much lower rates than income from work, which means that wealth begets more wealth.19 1) Enhance the small business development ecosystem Small business development is an alternative opportunity for people in Gallatin Valley if a traditional career path is not available. They are necessary to commercialize innovation and potentially grow into larger traded sector firms. Focused programs to help support under-represented residents build wealth are essential to foster equity. As a small business hub, Gallatin Valley can provide training for individuals to start businesses in outlying rural communities. Gallatin Valley can leverage the community culture of grit and hard work to innovate new companies and opportunities. 2) Provide comprehensive and coordinated skills development starting with child care through middle school and higher-ed Improving the skills of individuals not only improves the employment base, but also develops future civic and business leaders needed to guide the region. Providing early learning child care is an important community investment, helping to develop the 19 Examining the Black-white wealth gap, Brookings, February 27, 2020 584 Bozeman Economic Vitality Strategy | October 2022 26 necessary skills that allow a community to realize its human and economic potential.20 This is especially true for underrepresented children. Engaging students in middle school to prepare the future workforce is necessary. Higher-education leaders in can build off this engagement and provide necessary skills development through trades training, one- year certifications, and 2- and 4-year college programs. 3) Improve access to career opportunities for local and surrounding rural residents Gallatin Valley is fortunate to have several diverse traded sector industries that are growing and provide career ladder opportunities with living-wage salaries. With remote work infrastructure and training in rural communities, they can access “rural onshoring” opportunities within Gallatin Valley. There is a demand for construction and specialty manufacturing occupations that offer alternative job opportunities without a four-year college degree. Building a clear path and educating youth about these opportunities is important to keep them living and working in Gallatin Valley. 2) Support a Diverse Economy Economic vitality for individuals requires a resilient economy that can withstand economic shocks as witnessed during the pandemic. A resilient economy is diverse in business size as well as industry types. Various businesses provide diverse services and products and enable innovation of new products. Larger traded sector companies offer individuals careers with stability and benefits and an employment base to support local sector companies. Meanwhile, local sector companies can serve as a gateway for underrepresented people to build a business and wealth. 1) Focus on traded sector industries that are emerging and can increase exports To maximize limited resources, stakeholders should focus efforts on emerging traded industries to foster growth of a diverse industry base. MSU research and development (R&D) is actively supported by the Technology Transfer Office (TTO) to develop entrepreneurs offering innovative solutions. Many of the innovations emerging from MSU specifically align with federal interests associated with energy, climate change and defense, which are more likely to receive grants and funding. 2) Enhance development of the talent pipeline The top priority of businesses within any industry cluster is access to good talent. The education and development of students at MSU and Gallatin College are critical for the economy. It is also important for the institutions to introduce students to local career opportunities so that they are more inclined to stay and access economic opportunities in Gallatin Valley and contribute to the growth of the local economy. 20 The anatomy of inequality: Florian Hoffman discusses how income disparities have grown in the US and Europe over the last 40 years, American Economic Association, November 25, 2020 585 Bozeman Economic Vitality Strategy | October 2022 27 3) Build a More Resilient Region Resilience and economic growth are both vital for healthy economies in uncertain times. If a local economy is resilient, the recovery period will be much shorter than an economy with little or no resilience. If a local economy is not resilient, it may never return to its former economic growth path. Places that recovered from the 2008-2009 Great Recession included regions with high educational attainment, a diverse and adaptable workforce, attainable housing prices and rents, ongoing capital investment indicating the availability of significant public resources, and those that are not dependent on the cyclical nature of a single industry. The recent pandemic and climate change impacts reveal that disasters disproportionately impact our most vulnerable populations. Regions will need to address those left behind and hit the hardest before they can jump forward. 1) Increase amount and access to housing for all The most significant concern for every business owner is the lack of housing supply and affordability. The Gallatin Valley economy will become less resilient and struggle to grow without a housing supply that serves all incomes. 2) Develop a sustainable city Government does not create jobs; it creates a great environment to attract and retain businesses that create jobs. Companies are seeking to invest in sustainable and resilient communities that provide a good return on investment. The City of Bozeman should continue to build innovative infrastructure to develop sustainably and provide certainty to investors. The city can foster a culture of resilience and efficiency to help bounce back from environmental impacts (e.g., wildfires, limited water supply). 3) Foster a culture focused on climate change resilience Over the past seven years, total funding for climate technology (tech) companies, rate of startup creation, and the average size of funding has continued to rise. Total venture funding increased to US$87.5bn invested over second half of 2020 and first half of 2021, a more than 210 percent increase.21 Young talent is increasingly seeking jobs that focus on addressing climate change. Gallatin Valley can position itself as an innovator in climate tech in collaboration with high-tech and natural resource production (e.g., agriculture, ranching) to foster collaboration across the state. 21 State of Climate Tech 2021: Scaling breakthroughs for net zero, PWC 586 Bozeman Economic Vitality Strategy | October 2022 28 ACTION MATRIX The Action Matrix (Attachment B) delineates actions to implement the Strategy goals and objectives. Multiple stakeholders and organizations contribute to the actions as one organization alone cannot implement the strategy. Regional ownership is established by identifying Lead Organizations that champion and guide implementation. The Matrix is a flexible tool that allows for the introduction of new actions over the years if they align with the strategy objectives and are represented by a Lead Organization. EVALUATION FRAMEWORK Metrics serve three purposes: 1) measure progress towards outcomes, 2) determine if the actions are meeting the plan’s defined objectives (impact), and 3) allow for transparent communication on progress and impact to the broader community. Outcomes: Within the Action Matrix, each objective has an associated outcome to determine if the desired impact is achieved. The outcomes are measurable and where applicable, define metrics for under-represented individuals to assess if equitable outcomes are achieved. Benchmarks: At a broader community level, key benchmarks can be tracked and reported annually to communicate both progress and impact. It will take several years to improve the statistics but tracking progress will show that the region is maintaining a vital focus on the long- term goals. Annual reporting of the benchmarks will help maintain stakeholder engagement throughout the implementation process. Benchmarks should be compared annually with peer regions to provide a stronger context for the region. 587 ATTACHMENT A 588 Economic & Planning Systems, Inc.The Economics of Land Use ECONOMIC CONDITIONS ASSESSMENT City of Bozeman Economic Development Strategic Plan March 2022Economic & Planning Systems, Inc. Prepared by: 589 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |1 TABLE OF CONTENTS 1.Summary of Findings ……………………………………………………………………2 2.Community Profile ………………………………………………………………………. 8 3.Economy …………………………………………………………………………………………11 4.Industry Clusters ………………………………………………………………………… 20 5.Economic Equity …………………………………………………………………………22 Appendix …………………………………………………………………………………………… 29 590 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |2 1. SUMMARY OF FINDINGS Introduction and Purpose This economic assessment describes the economy and demographics of Bozeman and Gallatin County. The information is intended to inform participants in the Economic Development Strategic Plan process. The analysis also compares Bozeman and Gallatin County to several comparison communities that Bozeman sometimes competes with for economic development. Regional Economy The economy of Bozeman, Gallatin County and the Gallatin Valley (Greater Bozeman) are closely related. About half of the jobs in the County are in Bozeman, and a large majority of the jobs are in the Gallatin Valley comprised of Bozeman, Gallatin Gateway, Four Corners, Belgrade, and Manhattan. While this plan is being prepared by the City of Bozeman, it is anticipated to result in regional partnerships to carry it forward. The success of each community in the region contributes to the overall economic vitality because of their proximity, single labor force, and economic relationships. 591 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |3 1. SUMMARY OF FINDINGS Economy and Trends Growth –Bozeman is growing rapidly with 3.8% annual population growth (+6,400 people 2015-2019) and 2.5% annual job growth (+6,900 jobs 2015-2019). The COVID-19 pandemic has increased the appeal of high-amenity places for remote and knowledge workers and firms which is contributing to these trends. Economic base –Bozeman’s economy is most heavily concentrated in tourism and retail type jobs (tourism and local sectors) that have lower wages than traded sector jobs. Economic evolution –Bozeman and Gallatin County are experiencing strong growth in knowledge-based industries (professional and technical services) and in manufacturing. These trends can be leveraged to further diversify the economy and raise average wages. Wages –Tight labor supply conditions and a rising cost of living have resulted in 5.4% annual wage growth across all industries. Knowledge based industries had wage growth in the 7 to 8% range annually which suggests that the area is attracting high value talent and that the composition of firms is changing. Labor force –The labor supply is extremely tight with 1.1% unemployment (4.0 to 5.0% is considered healthy). The labor shortage may moderate as people reenter the labor force as the pandemic stabilizes. Access to housing (high costs, limited supply) is also a contributing factor. 592 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |4 1. SUMMARY OF FINDINGS Industry Clusters Industry clusters are groups of similar and related businesses that share common markets, technologies, worker skill needs, and which are often linked by buyer-seller relationships. Industry clusters represent distinct qualities of a community and help define what makes one community different from another. The Economic Development Strategy is likely to recommend a focus on traded sector industry clusters due to their higher economic impact than local sectors. The table shows the industry sectors according to the National Industrial Classification System (NAICS) that align with the specific industry clusters. Industry Sector (NAICS)Industry Cluster Private Wage and Salary Jobs (Gallatin County) Traded Sectors Manufacturing •Photonics•Outdoor equipment •Biotechnology •Niche manufacturing 3,600 Professional and technical services •Photonics •Quantum computing•Technology / IT•Biotechnology 4,800 Total 8,400 Local Sectors Health Care •Health care 6,000 Construction •Residential and nonresidential construction and trades•Heavy civil construction 6,400 Arts, entertainment, and recreation •Outdoor industry (ski areas, guide/tour services 1,700 Retail, accommodations and food services •Retail, restaurants, hotels 17,000 Total 31,100 593 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |5 1. SUMMARY OF FINDINGS Factor Implications Strengths/Opportunities Rapid population and job growth •Market supports investment. •Need to keep up with housing demand. Bozeman brand and quality of life •Attracts companies and workers that share that identity. •May be exacerbating housing costs and inequalities. Growth in more diverse sectors (professional services, manufacturing)•Bozeman becoming established as a location for knowledge based and high value manufacturing industries. •Need to ensure current residents have pathways into these careers. MSU is classified as an R1 Doctoral University (very high research activity), the top research activity classification •Technology transfer and entrepreneurship opportunities from MSU faculty, staff, and graduates. Weaknesses/Threats Large portion of jobs in tourism, retail, and food and beverage industries •Lower wages, less economic productivity, mismatch between wages and housing costs. Rapid increase in housing and real estate costs •Will constrain labor force availability. •May constrain business expansion or relocation (cost of space). Education and opportunity gap between white and non-white population •Invest in career paths into higher paying jobs. 594 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |6 1. SUMMARY OF FINDINGS Comparison Communities The consultant team and City staff developed a list of comparison areas to benchmark Bozeman and Gallatin County against. First, the comparison communities have a major university. Second, they are communities that Bozeman competes with for new company site selection. Missoula, MT –in Missoula County, Montana. Missoula has a population of 76,713 and is the home of the University of Montana, which has an enrollment of 10,015 students. Missoula County’s largest employment industries include Health Care, Retail Trade, and Accommodations and Food Services. Fort Collins, CO –Located in Larimer County, Colorado. Fort Collins has a population of 173,035 and is the home of Colorado State University, which has an enrollment of 32,646 students. Larimer County’s largest employment industries include Retail Trade, Health Care, and Accommodations and Food Services. Boulder, CO –Located in Boulder County, Colorado. Boulder has a population of 105,479 and is the home of the University of Colorado Boulder, which has an enrollment of 34,975 students. Boulder County’s largest employment industries include Professional and Technical Services, Health Care, and Manufacturing. Bend, OR –Located in Deschutes County, Oregon. Bend has a population of 97,283 and is the home of Oregon State University–Cascades, which has an enrollment of 1,374 students. Deschutes County’s largest employment industries include Health Care, Retail Trade, and Accommodations and Food Services. Ogden, UT –Located in Weber County, Utah. Ogden has a population of 89,694 and is the home of Weber State University, which has an enrollment of 29,596 students. Weber County’s largest employment industries include Manufacturing, Health Care, and Retail Trade. Boise, ID –Located in Ada County, Idaho. Boise has a population of 240,333 and is the home of Boise State University, which has an enrollment of 24,103 students. Ada County’s largest employment industries include Health Care, Retail Trade, and Administration and Waste Services. 595 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |7 1. SUMMARY OF FINDINGS How do we compare? Measure* Indicates City only metric; other metrics are County Bozeman/ Gallatin County Missoula/ Missoula County Fort Collins/ Larimer County Boulder/ Boulder County Bend/ Deschutes County Ogden/ Weber County Boise/ Ada County Population* (2021)51,405 76,713 173,035 105,479 97,283 89,694 240,333 Population Annual Growth Rate (5 years)* (2010-2021) 2.9%1.2%1.6%0.7%2.2%0.7%1.3% Jobs 59,022 58,735 158,006 179,056 81,429 107,658 250,270 Annual Job Growth Rate (2015-2020)2.5%0.5%1.4%0.7%2.4%1.7%2.9% Largest 3 industries (2020)Retail Trade Accomm.Construction Health Care Retail Trade Accomm. Retail Trade Health CareAccomm. Prof. & Tech. Svcs. Health Care Manufacturing Health Care Retail Trade Accomm. Manufacturing Health Care Retail Trade Health CareRetail Trade Admin.& Waste Svcs. Average Annual Wage (2020)$51,400 $47,469 $58,425 $78,383 $52,936 $46,698 $56,192 Gross Regional Product (Output) per Job (2020)$95,912 $84,341 $117,875 $148,666 $112,162 $98,984 $103,445 % Bachelor’s Degree or Higher* (2019)59%48%55%76%44%21%42% Median Home Price* (Dec. 2021)$700,000 $517,497 $534,978 $940,000 $683,000 $360,000 $554,933 % White-Non Hispanic/ All Other Races* (2019)92% / 8%91% / 9%88% / 12%87% / 13%93% / 7%84% / 16%89% / 11% 596 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |8 2. COMMUNITY PROFILE Population and Growth Rates Why we measure Population growth comes from job growth, in- migration, and natural increase (births and deaths). It is a broad indicator of economic vitality, the appeal of a place, and community change and evolution. Population growth also drives demand for housing. Key Findings Bozeman had the fastest population growth rate among the comparison communities, at 2.9% per year. The City added 14,051 people from 2010-2021. Bend, OR was the second fastest growing at 2.2% per year. Fort Collins, Boise, and Missoula are growing at a more moderate pace of 1.2 to 1.6% per year. Bozeman surpassed 50,000 population which is a threshold that makes the City eligible for new federal funding sources. The official population estimates from the US Census Redistricting process is 53,293. Description 2010 2021 Total Ann. #Ann. % Population Bozeman 37,354 51,405 14,051 1,277 2.9% Bend 76,652 97,283 20,631 1,876 2.2% Fort Collins 144,693 173,035 28,342 2,577 1.6% Boise 208,726 240,333 31,607 2,873 1.3% Missoula 67,533 76,713 9,180 835 1.2% Ogden 82,905 89,694 6,789 617 0.7% Boulder 97,968 105,479 7,511 683 0.7% Households Bozeman 15,777 22,051 6,274 570 3.1% Bend 31,795 40,021 8,226 748 2.1% Fort Collins 58,113 69,655 11,542 1,049 1.7% Boise 86,978 102,110 15,132 1,376 1.5% Missoula 29,406 33,965 4,559 414 1.3% Ogden 29,667 32,338 2,671 243 0.8% Boulder 41,522 44,389 2,867 261 0.6% Source: ESRI; Economic & Planning Systems 2010-2021 597 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |9 2. COMMUNITY PROFILE Total Jobs and Growth Rates Why we measure Job growth is an indicator of the strength of an economy. Jobs are created from the growth of existing businesses, and new business formation and entrepreneurship. The best employment data is only available at the county level. Most of the economic analysis that follows is for the counties in which the comparison communities are located. Key Findings Jobs in Gallatin County grew at a 2.5% annual rate, the second-highest of the comparison areas. The County added nearly 7,000 jobs between 2015 and 2020. Population in Gallatin County is growing faster than jobs. Possible explanations include: –In-migration is not tied to a local job (e.g., remote workers, retirees) –Jobs of new residents are recorded elsewhere Ada County (Boise) had the fastest job growth at 2.9% per year. Deschutes County (Bend) was slightly behind Bozeman at 2.4% per year. Description County 2015 2020 Total Ann. #Ann. % Total, All Industries Boise Ada 216,678 250,270 33,592 6,718 2.9% Bozeman Gallatin 52,059 59,022 6,963 1,393 2.5% Bend Deschutes 72,423 81,429 9,006 1,801 2.4% Ogden Weber 98,729 107,658 8,929 1,786 1.7% Fort Collins Larimer 147,455 158,006 10,551 2,110 1.4% Boulder Boulder 172,735 179,056 6,321 1,264 0.7% Missoula Missoula 57,337 58,735 1,398 280 0.5% Source: QCEW; Economic & Planning Systems 2015-2020 598 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |10 2. COMMUNITY PROFILE Universities Universities are centers of research and innovation. They spin off entrepreneurs, technology, and ideas that support jobs and innovation in the local economy. Universities are also major employers on their own. The student population also influences the housing and retail markets in their host communities. Research Classification There are 146 institutions classified as “R1: Doctoral Universities –Very High Research Activity” as of 2021. This status indicates a high level of research activity per capita. Of the peer communities, only Montana State University, University of Colorado Boulder, Colorado State University, and the University of Montana share this status. Description Boulder Ogden Bozeman Fort Collins Missoula Boise Bend Major Colleges/Universities University of Colorado Weber State University Montana State University Colorado State University University of Montana Boise State University Oregon State University Research Classification R1-Very High Research Activity ---R1-Very High Research Activity R1-Very High Research Activity R1-Very High Research Activity R2-High Research Activity --- Enrollment (Fall 2020)34,975 29,596 16,249 32,646 10,015 24,103 1,374 % of Total Population 33.2%33.0%31.6%18.9%13.1%10.0%1.4% Source: Economic & Planning Systems 599 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |11 3. ECONOMY Jobs by Industry, 2020 Why we measure The types of jobs in an economy influence demographic factors such as household income and education levels. Available job types affect economic mobility and career opportunities as well. The economic mix also affects the built environment and real estate markets –the types of buildings and housing that are in demand. Key Findings The largest industries in Bozeman and Gallatin County are: –Retail trade –Hotels and restaurants –Construction –Health care –Professional and technical services –Manufacturing Greater Bozeman is a gateway to Yellowstone National Park and other outdoor recreation assets that attract national and international visitors. Tourism and retail sectors are therefore a large part of the economy. Note: these figures are private wage and salary jobs and do not include state and federal government or MSU jobs. State and local government employs approximately 10,700 people in Gallatin County including about 4,200 faculty and staff at MSU. 600 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |12 3. ECONOMY Definitions: Traded and Local Sectors Traded Sector Traded sectors export goods and services and bring new money into the economy. This injection of new money helps support local traded sector businesses. Traded sector jobs also tend to have higher wages and larger multiplier effects (spinoff or indirect impacts) than local sectors. Manufacturing and knowledge- based industries are among the traded sectors in the Gallatin Valley. Local Sectors Local sectors are generally goods and services needed by local residents. Local sectors include retail stores, restaurants, health care, personal care services, and repair and maintenance services. There are entrepreneurship and business ownership opportunities in many local sectors with lower barriers to entry compared to traded sectors, making them a good “on ramp” for opportunity. Local sectors tend to have lower wages in comparison to traded sectors. Role of Tourism Since tourism is an important part of the economy, some local sectors are also exports because they serve visitors and second homeowners. These include hotels, restaurants and retail, property management, construction, and outdoor recreation. 601 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |13 3. ECONOMY Change in Jobs 2015-2020 Why we measure The change in jobs by industry is a forward-looking indicator of where the economy is trending. These data can inform strategies on which industries to support for growth or to prevent or manage decline. Key Findings Construction is booming as Greater Bozeman grows and major resort projects are underway in Big Sky. Professional and technical services had the most growth outside of construction. This is a significant change and shows that companies in Greater Bozeman are expanding, and new firms are being formed or attracted. The area is attracting knowledge-based companies and workers. Manufacturing also had significant growth which is rare in small metro areas. Manufacturing is a diverse and important sector in Greater Bozeman. Health care also grew significantly, which is consistent with national trends. People are living longer, more people have health insurance, and the large baby boomer population is aging and increasing health care demand. 602 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |14 3. ECONOMY Location Quotients Why we measure A location quotient (LQ) measures the concentration of an industry in an area compared to the U.S. It is a ratio calculated as the percentage of jobs in the analysis area divided by the percentage in the U.S. From this we can compare the concentrations of industries across different areas and asses local industry strengths or specializations. How to interpret: “Construction jobs in Gallatin County are 2.09 times more concentrated than the U.S. average.” Key Findings Bozeman has lower concentrations in most traded sectors than the comparison communities and higher concentrations in local sectors. As larger cities/metros, Boulder and Boise have more diverse economies. Boulder and Boise/Ada County have higher concentrations of jobs in knowledge and financial industries. Ogden, UT/Weber County has more than twice the manufacturing concentration than Bozeman (aerospace, defense, outdoor products, advanced materials) Boulder and Fort Collins also have higher concentrations of manufacturing at 1.29 and 1.02. Bozeman/Gallatin Highest Industry Location Quotient Concentration Traded Sectors Agriculture, forestry, fishing and hunting 1.33 Corvallis/Benton 3.21 Mining, quarrying, and oil and gas extraction 0.82 Bozeman/Gallatin 0.82 Information 0.63 Boise/Ada 1.14 Management of companies and enterprises 0.24 Boise/Ada 1.05 Professional and technical services 1.20 Boulder/Boulder 2.47 Wholesale trade 0.76 Boise/Ada 1.22 Manufacturing 0.70 Ogden/Weber 1.61 Transportation and warehousing 0.55 Boise/Ada 0.70 Finance and insurance 0.63 Boise/Ada 1.14 Local Sectors Utilities 0.50 Boise/Ada 1.03 Construction 2.09 Bozeman/Gallatin 2.09 Retail trade 1.31 Bozeman/Gallatin 1.31 Real estate and rental and leasing 1.30 Bozeman/Gallatin 1.30 Administrative and waste services 0.62 Boise/Ada 1.38 Educational services 0.72 Boulder/Boulder 0.79 Health care and social assistance 0.72 Missoula/Missoula 1.22 Arts, entertainment, and recreation 1.99 Bozeman/Gallatin 1.99 Accommodation and food services 1.47 Bozeman/Gallatin 1.47 Other services, except public administration 1.39 Missoula/Missoula 1.57 Source: Economic & Planning Systems Z:\Shared\Projects\DEN\223016-Bozeman MT Economic Development Strategy\Data\[223016-QCEW.xlsx]T-LQ vs Peers 603 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |15 3. ECONOMY Wages by Industry Why we measure The wage earned by a worker translates directly to their income, ability to support family members, pay for housing, and invest in education and/or retirement. Wages in an industry are also an indicator of the value creation and worker skills in that industry. Higher paying jobs typically require more education and training, which can be a barrier to low-income populations and people of color. Key Findings There are more jobs with lower wages than there are with higher wages, which is a typical pattern. Tourism and local sectors have lower wages than traded or economic base sectors. The average wage in retail is $40,100 ($19.27/hr) and $26,600 ($12.78) in hotel and restaurant jobs (not including tips). In comparison, the average annual wage for professional and technical services is $79,200 ($38.08/hr). 604 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |16 3. ECONOMY Change in Wages by Industry Why we measure At the industry level wages change due to a variety of factors such as competition for workers and talent (labor supply) and changes in the mix of companies and products within an industry. Key Findings Greater Bozeman has experienced strong wage growth likely due to a tight labor supply and rising cost of a living. Wages grew at an average of 5.4% per year. Some of the highest wage growth was in information, finance/insurance, and professional and technical services. This suggests that: –There is competition for talent –Bozeman is attracting higher value service firms and employees –The economy is evolving and producing higher value services and products Local and tourism sectors also had strong wage growth indicating a tight supply of labor and more leverage for workers to command higher wages. Industry 2015 2020 % Change Growth Rate % of Jobs Economic Base/Traded Sectors Ag./Forest/Hunting $33,800 $46,300 37.0%6.5%1.5%Mining $74,900 $86,500 15.5%2.9%0.3% Utilities D D D D 0.0% Manufacturing $41,500 $53,500 28.9%5.2%7.1%Wholesale Trade $56,100 $68,100 21.4%4.0%3.4%Transport./Warehousing $33,500 $45,200 34.9%6.2%2.5% Information $56,500 $82,400 45.8%7.8%1.3% Finance/Insurance $63,400 $89,800 41.6%7.2%3.1%Prof. & Tech Services $66,700 $87,500 31.2%5.6%9.2%Mgmt. of Companies $60,100 $74,700 24.3%4.4%0.4% Admin/Waste Mgmt $32,400 $39,000 20.4%3.8%4.4% Subtotal 33.3% Local Sectors Construction $46,900 $59,900 27.7%5.0%12.4%Retail Trade $29,300 $38,000 29.7%5.3%16.2% Real Estate $34,800 $50,900 46.3%7.9%2.4% Education $25,900 $36,000 39.0%6.8%1.7%Health Care $44,900 $56,100 24.9%4.6%11.8%Arts/Rec $25,800 $28,700 11.2%2.2%3.0% Hotel/Restaurant $18,300 $24,300 32.8%5.8%14.8% Other $30,100 $39,400 30.9%5.5%4.5%Subtotal 66.7% Overall Averages $39,600 $51,400 29.8%5.4%100.0% Note: "D" indicates not disclosed for privacy requirements. Source: Bureau of Labor Statistics QCEW; Economic & Planning Systems Change in WagesWages 605 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |17 3. ECONOMY Unemployment Rate Why we measure The unemployment rate measures the supply and demand relationship between employers and workers. When unemployment is high, there are not enough jobs for people in the labor force and visa versa. It is another good indicator of the health of an economy. However low unemployment is an indicator of labor shortages and can lead to inflation and constrain business growth. Key Findings Unemployment rates are at historic lows nationally due to a drop in labor force participation related to the Pandemic. Bozeman has the lowest unemployment rate of the comparison communities at 1.1%, which is not sustainable. Economists generally view a “healthy” unemployment rate as 4.0 to 5.0%. The unemployment rate is expected to rise if more people reenter the labor force as the pandemic stabilizes, and if wages increase to create enough incentive. 606 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |18 3. ECONOMY Gross Regional Product (GRP) per Job Why we measure Gross Regional Product (GRP) is the local or regional equivalent of GDP (Gross Domestic Product). GRP is the value of all goods and services produced in an economy. GRP per job is a measure of the productivity of the labor force and firms in the economy –the value of the output created from each worker. Key Findings Boulder, CO has the most productive economy with nearly $150,000 in annual output per worker, followed by Fort Collins, CO at $118,000. Bozeman and Gallatin County are at the lower end of the spectrum of the comparison communities due to the higher concentration of tourism and local serving jobs. 607 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |19 3. ECONOMY Technology Transfer Awards Why we measure The Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs are highly competitive federal research funds designed to stimulate R&D and technological innovation for small businesses. STTR/SBIR programs and funding are an indicator of innovation among small businesses in communities. Key Findings Boulder, CO was awarded the most SBIR and STTR funding, with $242 million, or $4,009 per employee since 2015. Bozeman received the second-most funding per employee of the peer communities. Bozeman has a large concentration of R&D and tech-centric businesses that are catalyzed by MSU’s Tech Transfer Office and MilTech, which help commercialize and provide a gateway for industry partners to access MSU technology. 608 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |20 4. INDUSTRY CLUSTERS Definition Industry clusters are groups of similar and related businesses that share common markets, technologies, worker skill needs, and that are often linked by buyer-seller relationships. Industry clusters represent distinct qualities of a community and help define what makes one community different from another. As they convey distinct qualities, it is important to be specific in the definition of a cluster. For example, rather than promoting “high-tech,” a community should focus on “software or photonics” to convey the type of product being manufactured and its unique workforce and supply chain needs. The Economic Development Strategy is likely to recommend a focus on traded sector industries in terms of the City’s role and investment of resources. Traded sectors industries have higher wages and greater economic impact than local sectors. The table shows the industry sectors according to the North American Industry Classification System (NAICS) that align with the specific industry clusters. Industry Sector (NAICS)Industry Cluster Private Wage and Salary Jobs (Gallatin County) Traded Sectors Manufacturing •Photonics•Outdoor equipment and clothing •Biotechnology•Niche manufacturing 3,600 Professional and technical services •Photonics •Quantum computing•Technology / IT•Biotechnology 4,800 Total 8,400 Local Sectors Health Care •Health care 6,000 Construction •Residential and nonresidential construction and trades•Heavy civil construction 6,400 Arts, entertainment, and recreation •Outdoor industry (ski areas, guide/tour services 1,700 Retail, accommodations and food services •Retail, restaurants, hotels 17,000 Total 31,100 609 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |21 4. INDUSTRY CLUSTERS Traded Sector Industry Clusters Photonics –The science and technology of generating, detecting, and controlling light. It has numerous everyday consumer and industrial applications. Photonics companies were created from MSU grads and related R&D programs. There are at least 35 companies and 800 jobs in Photonics. Biotechnology –Biotechnology includes medical and drug research and manufacturing. The cluster is oriented around MSU R&D and numerous startup companies in the Gallatin Valley. The area’s strength is in the R&D, trial, and identifying commercial use stages of biotech. Quantum computing –Quantum computing uses atomic motion to perform computing operations. It is a major national security and technology priority. MSU has received $20M in federal grants to expand quantum research. There are relationships with the local photonics cluster in quantum research as well. Technology / IT –The Gallatin Valley has a thriving and growing segment of technology (programming and information technology) companies stemming from spinoffs from RightNow Technologies, Oracle, and Bozeman’s quality of life that attracts startup entrepreneurs and venture capital. Outdoor equipment –Bozeman is known throughout the U.S. as an outdoor recreation destination. It also attracts Outdoor companies that capitalize on the Bozeman brand and identity. Companies such as Simms Fishing, Oboz Shoes, Mystery Ranch (formerly Dana Design), Spark R&D and numerous smaller companies are in the Gallatin Valley. Manufacturing and niche products –Manufacturing is a diverse sector in the Gallatin Valley. Products made here include electronic components, metal products, musical instruments, food and beverages, and wood products and building materials. 610 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |22 5. ECONOMIC EQUITY Self Sufficiency Wage Why we measure The federal poverty definition only accounts for a basic food budget and does not include other costs such as childcare and housing. The MIT Living Wage calculator estimates the wage needed for a household to afford food, childcare, health insurance, housing, transportation, and basic necessities (clothing, hygiene items). As stated in its definitions, the “living wage is the minimum income standard that, if met, draws a very fine line between the financial independence of the working poor and the need to seek out public assistance or suffer consistent and severe housing and food insecurity.” The MIT Living Wage calculator estimates the living wage in Gallatin County at $21.68 for a family of four with two working adults and two children. The chart shows the percentage of jobs in each county that are above the self sufficiency wage. Key Findings Due to the high cost of housing and large concentration of tourism and local sector jobs, Bozeman and Gallatin County are at the bottom of the comparison communities with the lowest percentage of jobs above the self sufficiency threshold. 611 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |23 5. ECONOMIC EQUITY Race and Ethnicity Why we measure Looking at the racial composition of a place helps us evaluated the presence of disparities in economic opportunity by race. There are persistent gaps between income, wealth, and education between non-Hispanic whites and people of color and white Hispanic and Latinx people. Key Findings The white non-Hispanic population comprises 92% of the population of Bozeman, which is similar to most of the comparison communities. Larger cities within larger metro areas such as Ogden and Boulder have slightly more diverse populations. 612 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |24 5. ECONOMIC EQUITY Business Owner Demographics Why we measure Looking at the racial composition of business owners helps to further evaluate the presence of disparities in economic opportunity and wealth building by race. Key Findings From the data, there do not appear to be significant differences between the racial and ethnic composition of business owners and the overall population in Bozeman or in the comparison communities. A caveat is that there is a margin of error in these data, and people of color may be underrepresented in Census data. 613 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |25 5. ECONOMIC EQUITY Educational Attainment Why we measure Comparing the level of education achieved to the overall population is another indicator of disparities in economic opportunity and wealth building. Key Findings Boulder is the most highly educated community. Bozeman and Fort Collins have similar levels of education with about 60% of the population having a Bachelor’s degree or higher. Ogden, Utah has the lowest levels of education. There are differences in educational attainment by race and ethnicity in each community. Boulder, Bozeman, and Fort Collins have the highest educational disparities. In Boulder, white non-Hispanics are about 1.44 times more likely to have a college degree or higher and 1.36 times more likely in Bozeman. The disparity in educational attainment is partly explained by the presence of large universities, particularly in Boulder, Bozeman, and Fort Collins. The predominately white faculty in each case increases the number of white advanced degree holders in the community. DI: Disparity Index (%White Non-Hispanic/% All Other) 614 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |26 5. ECONOMIC EQUITY Housing Costs and Access Why we measure Housing costs are a large factor in quality of life, access to home ownership, wealth building, and labor force attraction and retention. High housing costs and low supply can constrain economic growth when the labor force cannot find adequate housing. A person or household is “cost burdened” when they are paying more than 30% of their income towards rent or mortgage payments. Key Findings In Bozeman, 54% or renters are cost burdened making it the third most unaffordable city for renters of the comparison communities. Boulder and Fort Collins are even less affordable for renters while Boise and Ogden are more affordable with a lower percentage of cost burdened renters and owners. Bozeman has the second highest median home price at about $700,000, second only to Boulder at $940,000. Home prices in Bozeman have increased at alarming rates due to strong job and in-migration of wealth, and a housing supply that has not kept up. 615 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |27 5. ECONOMIC EQUITY Relating Wages to Home Prices Why we measure Wages are the primary source of household income for working people. In a balanced housing market, home prices are related to wages and local household incomes. Bozeman however has a complex housing market influenced by the influx of remote workers, second homeowners, early retirees, and a smaller pool of builders than larger metro area markets. The supply has not been able to keep up with demand as exhibited by the rapidly rising home prices. These influences have detached home prices from local wages. Key Findings Towards the end of 2021, the median home price in the city was about $700,000, which required an annual income of approximately $162,000 to afford and is 220% of area median income (AMI). The table on the next page shows average wages for each major industry. For a household with one earner, the average wage is equivalent to the household income. The table also shows the household income if there are 1.5 (one full one half time) or 2.0 workers in the household earning the same wage. The green shaded cells show the incomes and industries that pay enough to afford the median home price. Only in the highest paying industries with two earners is the median home price affordable. 616 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |28 5. ECONOMIC EQUITY Relating Wages to Home Prices Income needed to afford $700,000: $162,000 (220% of AMI Description Ann. Income % AMI Ann. Income % AMI Ann. Income % AMI Area Median Income $62,250 $88,900 $88,900 1-person household 4-person household 4-person household Traded Sectors Ag./Forest/Hunting $46,300 74.4%$69,450 78.1%$92,600 104.2% Mining $86,500 139.0%$129,750 146.0%$173,000 194.6% Utilities D N/A N/A N/A N/A N/A Manufacturing $53,500 85.9%$80,250 90.3%$107,000 120.4% Wholesale Trade $68,100 109.4%$102,150 114.9%$136,200 153.2% Transport./Warehousing $45,200 72.6%$67,800 76.3%$90,400 101.7% Information $82,400 132.4%$123,600 139.0%$164,800 185.4% Finance/Insurance $89,800 144.3%$134,700 151.5%$179,600 202.0% Prof. & Tech Services $87,500 140.6%$131,250 147.6%$175,000 196.9% Mgmt. of Companies $74,700 120.0%$112,050 126.0%$149,400 168.1% Admin/Waste Mgmt $39,000 62.7%$58,500 65.8%$78,000 87.7% Local Sectors Construction $59,900 96.2%$89,850 101.1%$119,800 134.8% Retail Trade $38,000 61.0%$57,000 64.1%$76,000 85.5% Real Estate $50,900 81.8%$76,350 85.9%$101,800 114.5% Education $36,000 57.8%$54,000 60.7%$72,000 81.0% Health Care $56,100 90.1%$84,150 94.7%$112,200 126.2% Arts/Rec $28,700 46.1%$43,050 48.4%$57,400 64.6% Hotel/Restaurant $24,300 39.0%$36,450 41.0%$48,600 54.7% Other $39,400 63.3%$59,100 66.5%$78,800 88.6% Public Admin D N/A N/A N/A N/A N/A Unclassified D N/A N/A N/A N/A N/A Source: Economic & Planning Systems 1-Earner 1-Person Household 1.5-Earner 4-Person Household 2-Earner 4-Person Household 617 APPENDIX 618 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |30 APPENDIX: BIOTECHNOLOGY COMPANIES 619 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |31 APPENDIX: PHOTONICS COMPANIES 620 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |32 APPENDIX: SOFTWARE COMPANIES 621 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |33 APPENDIX: DETAILED LOCATION QUOTIENTS Bozeman Boulder Boise Corvallis Bend Fort Collins Missoula Ogden Highest Location Industry Gallatin Boulder Ada Benton Deschutes Larimer Missoula Weber Concentration Quotient Traded Sectors Agriculture, forestry, fishing and hunting 1.33 0.38 0.33 3.21 1.12 0.67 1.00 0.43 Corvallis/Benton 3.21 Mining, quarrying, and oil and gas extraction 0.82 0.25 0.17 0.14 0.21 0.79 0.15 0.10 Bozeman/Gallatin 0.82 Information 0.63 0.53 1.14 0.44 0.59 0.49 0.80 1.09 Boise/Ada 1.14 Management of companies and enterprises 0.24 0.54 1.05 0.00 0.73 0.39 0.26 0.24 Boise/Ada 1.05 Professional and technical services 1.20 2.47 1.01 0.92 0.83 1.04 0.91 0.67 Boulder/Boulder 2.47 Wholesale trade 0.76 0.90 1.22 0.00 0.66 0.81 0.85 0.90 Boise/Ada 1.22 Manufacturing 0.70 1.29 0.78 0.91 0.75 1.02 0.47 1.61 Ogden/Weber 1.61 Transportation and warehousing 0.55 0.23 0.70 0.31 0.56 0.57 0.00 0.55 Boise/Ada 0.70 Finance and insurance 0.63 0.53 1.14 0.44 0.59 0.49 0.80 1.09 Boise/Ada 1.14 Local Sectors Utilities 0.50 0.33 1.03 0.00 1.02 0.45 0.00 0.49 Boise/Ada 1.03 Construction 2.09 0.58 1.39 0.66 1.66 1.35 1.19 1.34 Bozeman/Gallatin 2.09 Retail trade 1.31 0.87 1.05 0.93 1.31 1.10 1.28 1.08 Bozeman/Gallatin 1.31 Real estate and rental and leasing 1.30 0.94 0.95 0.76 1.04 1.24 1.00 0.57 Bozeman/Gallatin 1.30 Administrative and waste services 0.62 0.56 1.38 0.00 0.90 0.81 0.78 1.18 Boise/Ada 1.38 Educational services 0.72 0.79 0.53 0.61 0.62 0.53 0.47 0.66 Boulder/Boulder 0.79 Health care and social assistance 0.72 0.86 1.05 1.21 1.18 0.73 1.22 0.88 Missoula/Missoula 1.22 Arts, entertainment, and recreation 1.99 1.16 1.46 0.78 1.80 1.13 1.66 1.08 Bozeman/Gallatin 1.99 Accommodation and food services 1.47 0.94 1.02 1.05 1.42 1.21 1.28 0.85 Bozeman/Gallatin 1.47 Other services, except public administration 1.39 0.95 0.96 1.32 1.27 1.04 1.57 0.79 Missoula/Missoula 1.57 Source: Economic & Planning Systems 622 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |34 APPENDIX: INDUSTRY DETAIL MANUFACTURING 3 Digit NAICS Industry Name Sector Total (Disclosable)% Total LQ vs. U.S.Avg. Ann. Wage Includes Photonics?Description Total Private Wage & Salary Jobs 50,672Total Manufacturing Sector 3,598 7.1%0.70 339 Miscellaneous Manufacturing 532 1.0%2.16 $55,574 Medical equip, sporting goods, musical instr. 334 Computer and Electronic Product Manufacturing 402 0.8%0.90 $88,788 Y Computer, electronic, instrumentation, measuring/controlling, photonics 332 Fabricated Metal Product Manufacturing 391 0.8%0.67 $48,961 Forging, stamping, bending, forming, and machining 312 Beverage and Tobacco Product Manufacturing 367 0.7%3.16 $30,203 Breweries, distilleries, etc. 327 Nonmetallic Mineral Product Manufacturing 290 0.6%1.72 $63,779 Stone, tile, cement products 326 Plastics and Rubber Products Manufacturing 257 0.5%0.87 $43,929 Plastic containers, hardware, plumbing 311 Food Manufacturing 248 0.5%0.37 $36,480 Bakeries, coffee, tea, dairy products 336 Transportation Equipment Manufacturing 150 0.3%0.22 $58,928 Boats, trailers, vehicle parts 337 Furniture and Related Product Manufacturing 144 0.3%0.94 $44,262 Furniture, cabinetry 335 Electrical Equipment, Appliance, and Component Manufacturing 114 0.2%0.71 $59,485 Y Lighting, electrical, communications, appliances 323 Printing and Related Support Activities 99 0.2%0.62 $38,849 Y Printing, data imaging 314 Textile Product Mills 93 0.2%2.18 $32,668 Textile manufacturing 333 Machinery Manufacturing 88 0.2%0.20 $73,874 Y Optical instruments and lenses, photographic equipment, commercial laundry and dry-cleaning machinery, office machinery, automotive maintenance equipment (except mechanics' hand tools), and commercial-type cooking equipment 321 Wood Product Manufacturing 81 0.2%0.48 $49,465 Wood bldg. materials, manufactured structures 315 Apparel Manufacturing 5 0.0%0.13 $32,572 Apparel 316 Leather and Allied Product Manufacturing 4 0.0%0.39 $18,653 Leather products Source: Bureau of Labor Statistics; Economic & Planning Systems 623 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |35 APPENDIX: INDUSTRY DETAIL PROFESSIONAL & TECHNICAL SERVICES 4 Digit NAICS Industry Name Sector Total (Disclosable) % Total LQ vs. U.S.Avg. Ann. Wage Includes Photonics? Description Total Private Wage & Salary Jobs 50,672 Total Prof. & Tech. Svcs. Sector 4,828 9.5%1.20 5415 Computer Systems Design and Related Services 1,346 2.7%1.44 $141,037 Programming, IT 5413 Architectural, Engineering, and Related Services 1,094 2.2%1.72 $71,547 5416 Management, Scientific, and Technical Consulting Services 618 1.2%0.95 $71,652 Environmental, management, administrative, other scientific consulting 5412 Accounting, Tax Preparation, Bookkeeping, and Payroll Services 449 0.9%1.04 $53,752 5419 Other Professional, Scientific, and Technical Services 424 0.8%1.35 $40,502 Marketing, photography, veterinary, other 5417 Scientific Research and Development Services 337 0.7%1.04 $94,689 Y R&D in life and social sciences. 5411 Legal Services 327 0.6%0.68 $68,183 5418 Advertising, Public Relations, and Related Services 133 0.3%0.71 $60,349 5414 Specialized Design Services 100 0.2%1.78 $60,754 Y Specialized design except architectural, engineering, and computer systems design Source: Bureau of Labor Statistics; Economic & Planning Systems 624 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |36 APPENDIX: INDUSTRY DETAIL CONSTRUCTION 3 Digit NAICS Industry Name Sector Total (Disclosable) % Total LQ vs. U.S.Avg. Ann. Wage Description Total Private Wage & Salary Jobs 50,672Total Construction Sector 6,401 12.6%2.09 237 Heavy and Civil Engineering Construction 659 1.3%1.50 $101,284 Roads, infrastructure 236 Construction of Buildings 1,837 3.6%2.72 $59,216 Residential and nonresidential buildings 238 Specialty Trade Contractors 3,906 7.7%2.01 $53,269 Concrete, site preparation, plumbing, painting, and electrical Source: Bureau of Labor Statistics; Economic & Planning Systems 625 Economic & Planning Systems | Bridge Economic Development Bozeman Economic Assessment |37 APPENDIX: INDUSTRY DETAIL TOURISM, RETAIL, AND OUTDOOR RECREATION 3 Digit NAICS Industry Name Sector Total (Disclosable)% Total LQ vs. U.S.Avg. Annual Wage Description Total Private Wage & Salary Jobs 50,672 Retail 3,598 7.1%1.31 Retail stores Recreation 1,819 3.6%1.99 Recreation businesses including ski areas Accommodations & Food Services 8,190 16.2%1.47 Hotels and restaurants Cluster Total 13,607 26.9% Retail 445 Food and beverage stores 1,541 3.0%1.18 $31,786 444 Building material and garden supply stores 1,193 2.4%2.08 $45,429 452 General merchandise stores 1,107 2.2%0.89 $32,580 441 Motor vehicle and parts dealers 1,036 2.0%1.29 $60,870 453 Miscellaneous store retailers 784 1.5%2.52 $31,388 451 Sports, hobby, music instrument, book stores 674 1.3%3.37 $23,189 447 Gasoline stations 541 1.1%1.39 $25,669 442 Furniture and home furnishings stores 392 0.8%2.26 $49,206 448 Clothing and clothing accessories stores 341 0.7%0.83 $25,758 446 Health and personal care stores 250 0.5%0.61 $34,298 454 Nonstore retailers 221 0.4%0.89 $60,018 443 Electronics and appliance stores 110 0.2%0.59 $43,276 Recreation, Hotels, Restaurants 722 Food services and drinking places 5,054 10.0%1.23 $20,992 721 Accommodation 1,857 3.7%3.13 $33,408 713 Amusements, gambling, and recreation 1,216 2.4%2.27 $26,058 Includes ski areas 711 Performing arts and spectator sports 124 0.2%0.88 $36,767 712 Museums, historical sites, zoos, and parks 116 0.2%---$45,924 712 Museums, historical sites, zoos, and parks 116 0.2%---$45,924 Source: Bureau of Labor Statistics; Economic & Planning Systems 626 ATTACHMENT B 627 1 - 2 yr 3 - 4 yr 5 yr Priority Outcome Metric (how to measure)Lead Org Partners x More small business owners access programs Number of new businesses accessing services City of Bozeman Prospera, NRMEDD, Chamber, DBP x Small businesses are more likely to succeed and grow Resource guide is created and maintained annually. City of Bozeman Prospera, NRMEDD, Chamber, DBP x More small businesses are started or grown Capital and technical services are provided to under-represented businesses at no or low cost City of Bozeman Prospera, NRMEDD, MOFI x Remove barriers to starting a new business Roundtable is created and provides recommendations City of Bozeman Small businesses EVS ACTION MATRIX Progress Check-in A. Convene providers to map the various programs available for different business sizes and types to 1) better communicate available resources and 2) determine gaps in service provision. C. Convene service providers to determine if there is an opportunity to start a microenterprise service for under- represented businesses. Build off culture and concept of Women Business Center that provides a welcoming safe space for a specific group. D. Develop a business services roundtable comprised of underrepresented business owners and employees, to advise the City of Bozeman on its business friendliness for small businesses especially owned by under- represented individuals. Staff time B. Create a resource guide outlining available programs and contact information. Notes and/or Potential Resources Tie to proposed business, retention and expansion (BRE) program identified in Action 2.1.G Seed funding can come from Community Development Block Grant (CDBG). MESO of Oregon should be considered as a best case example. https://www.mesopdx.org/ Action GOAL 1: PROVIDE OPPORTUNITY FOR GALLATIN VALLEY RESIDENTS Objective 1.1: Enhance the small business development ecosystem Staff time Green text indicates actions developed in collaboration with education partners. 1 of 7 628 1 - 2 yr 3 - 4 yr 5 yr Priority Outcome Metric (how to measure)Lead Org*Partners** x More affordable child care opportunities are available Statute(s) amended City of Bozeman MLCT/MACO x More affordable child care opportunities are available An increase in day care providers City of Bozeman MLCT/MACO x Build awareness of future career opportunities to access living wage jobs High-school graduation and dropout rate, including under- represented students Belgrade and Bozeman School District Gallatin College and MSU x Enhance early skills development to prepare for higher-education opportunities New programs identified and implemented Gallatin College MSU, Belgrade and Bozeman School District Superintendents x Increase job opportunities, particularly for under- represented individuals, within these industries Report number of jobs within the industries and percentage of under-represented hires Gallatin College and MSU Belgrade and Bozeman School District CTE Program Director D. Evaluate gaps and needs with partnerships between Gallatin Valley’s high schools and higher education leaders and industry to identify and develop opportunities for intentional engagement of students. E. Communicate to 9-12 students opportunities with existing Gallatin College programs pertaining to manufacturing, health care, and cyber-security Staff time Organizations are already meeting and anticipate draft direction in October Notes and/or Potential Resources Objective 1.2: Provide comprehensive and coordinated skills development starting with child care through middle school and higher-ed Action A. Explore opportunities to amend Montana statute(s) to allow HOAs to permit in-home child care. C. Engage middle school students (6-8 grades), teachers and administrators in STEM career opportunity conversations. Specifically consider rural communities. Specifically focus on programs for jobs in high demand with good wages and fewer years of education requirements. B. Elevate the issue of child care as critical infrastructure to support workforce development and promote equitable early education opportunities for under- represented communities. Staff time Green text indicates actions developed in collaboration with education partners. 2 of 7 629 1 - 2 yr 3 - 4 yr 5 yr Priority Outcome Metric (how to measure)Lead Org*Partners** x Increase participation of rural residents Number of completed certifications City of Bozeman MSU Extension Center x Increase job opportunities and improve energy efficiency of building stock. Number of skilled HVAC construction workers in Gallatin Valley Gallatin College City of Bozeman x Increase opportunities to start small businesses and build wealth Number of people attending classes City of Bozeman Local EDOs and language training providers 1 - 2 yr 3 - 4 yr 5 yr Priority Outcome Metric (how to measure)Lead Org*Partners** x Continued university R&D in quantum computing Enhanced research funding MSU and MSU IC City of Bozeman and local EDOs x Supply chain study to define the types of companies needed to support this new industry within Gallatin Valley Study is complete and shared with economic development community. MSU VP of Research and Graduate City of Bozeman and local EDOs x Private business can share equipment for testing and collaborate to foster innovation. Incubator is established.City of Bozeman NRMEDD, MSU IC, MSU TTO Staff time Notes and/or Potential Resources B. Create and support specific workforce development programs in building sciences (construction trades) specializing in green technology. Specifically, consider programs in heating, ventilation, and air conditioning (HVAC) systems, to provide the workers needed to improve the efficiency of existing and future building stock. Action National Science Foundation (NSF) grant Objective 1.3: Improve access to career opportunities for local and surrounding rural residents A. Promote Montana State University's new Extension Center Master Remote Work Professional Certification that provides training for rural residents. GOAL 2: SUPPORT A DIVERSE ECONOMY Objective 2.1: Focus on traded sector industries that are emerging and can increase exports Action Notes and/or Potential Resources A. Support quantum computing university research and development through continued investments in MonArk labs, Spectrum Labs, and the upcoming NSF Type I application for a Regional Innovation Engine. Increasing the amount of this skilled workforce directly supports necessary actions to address climate change. C. Develop virtual small business development programs for rural residents and those that speak English as a second language These programs are currently available through MESO and could be developed locally with new microenterprise program. World Language Initiative may provide services as well. B. Support the analysis and development of the quantum computing supply chain and the unique strengths in Gallatin Valley This would be part of the Type 1 application, but fund through Economic Development Administration (EDA) or Inflation Reduction Act (IRA) if not awarded. C. Create an incubator with specialized equipment for new private small research companies within the quantum and photonics industries EDA and NSF grant Green text indicates actions developed in collaboration with education partners. 3 of 7 630 x New biotechnology companies are started or attracted Biotech lab space is created.City of Bozeman Biotech Association, MSUs TTO, and Local EDOs x Increase diversity of industry sectors Students enrolling in programs. MSU Film Department Local EDOs, City of Bozeman, Montana Film Office, local members of the film industry, supportive state legislators x Understand barriers and opportunities specific to manufacturing to help them stay and grow. Program is defined with identified number of businesses that will be visited. City of Bozeman NRMEDD, Prospera 1 - 2 yr 3 - 4 yr 5 yr Priority Outcome Metric (how to measure)Lead Org*Partners** x Training facility provides the necessary workforce Training facility is built Gallatin College City of Bozeman and Local EDOs x x x Educate community on photonics industry Number of students that attend event.Gallatin College Private photonics firms, City of Bozeman, MSU x School districts can provide current information on career opportunities and help develop necessary skills needed by businesses Changes in information provided to students influenced by private business engagement Private industry associations City of Bozeman, Local EDOs, Education partners x Higher-ed students discover local job opportunities while in school and are more likely to stay in Gallatin Valley Number of new internships and programs created at private businesses. Private industry associations City of Bozeman, Local EDOs, Education partners D. Facilitate the creation of opportunities for students to engage with local businesses, such as internships, apprenticeships, work-based learning and job shadowing Explore this type of engagement through BRE outreach A. Support development of a purpose built campus for the technical and trades facility at Gallatin College D. Explore the development of biotechnology lab space to support emerging businesses Explore collaborating with new Industry project at MSU IC. Economic Development Administration (EDA) could provide grant for lab space tenant improvements. C. Aid and support local school districts by offering suggestions for developing a working relationship among businesses, labor organizations, and educators Staff time. BRE of existing companies (instead of recruiting new companies) is the most effective way to grow employment opportunities sustainably. B. Host a photonics/optics event at the County Fairgrounds during the Fall to expose community to career opportunities. Objective 2.2: Enhance development of the talent pipeline Consider private company sponsorships E. Support the expansion of film degree programs at MSU to leverage emerging Digital Film industry Existing MSU program Notes and/or Potential Resources Staff time. State budget allocation Explore this type of engagement through BRE outreach Action F. Develop a formal business, retention and expansion (BRE) program in collaboration with partners focused on industries associated with manufacturing: Photonics, Outdoor Equipment, Specialty Manufacturing, and potentially Climate Tech Green text indicates actions developed in collaboration with education partners. 4 of 7 631 1 - 2 yr 3 - 4 yr 5 yr Priority Outcome Metric (how to measure)Lead Org*Partners** X City recovers administrative and enforcement costs. Neighborhood impacts are managed. Number of STRs licensed STRs. Resident satisfaction with STR programs. City of Bozeman Housing, Code Enforcement, and Legal Departments X Study/documentation of characteristics of STR inventory. Quantification of number of STRs potentially available as full-time residences. City of Bozeman Realtors, property managers, lodging groups x Housing supply is increased or maintained. Number of STRs, rental rates, rental vacancy rates.City of Bozeman Housing, Code Enforcement, and Legal Departments x Increase supply of housing for GV workers Housing units developed by private sector businesses City of Bozeman Private sector partners x Increase supply of housing for GV workers Housing units developed by private sector businesses City of Bozeman & various private sector partners Private sector partners x Increase opportunities to access home ownership Number of residents that have received assistance City of Bozeman HRDC and MOFI x Increase access to available housing Evaluation of zoning code City of Bozeman MSU Office of Student Engagement x Increase supply of housing for MSU non-traditional and graduate students Number of housing units City of Bozeman MSU Office of Student Engagement, private developers GOAL 3: BUILD A MORE RESILIENT REGION Objective 3.1: Increase amount and access to housing for all Notes and/or Potential Resources Staff time Action A. Ensure that short term rentals (STRs) are licensed and complying with City regulations. G. Explore the city zoning restriction on maximimum occupancy within a residence. Staff time and consultant engagement Staff time, private equity C. Explore the feasibility of additional regulatory tools to mitigate the impact of STRs and part-time homes on the housing supply. Specifically examining regulatory fees on STRs and a housing vacancy tax. H. Explore creation of a public-private partnership and sub-area plan for redevelopment of the West Side Houses for non-traditional students. B. Evaluate the potential impacts of STRs on housing availability for the full time resident workforce. Staff time and consultant engagement F. Promote housing down payment assistance program MOFI Staff time E. Explore building more housing through a co- operative agreement amongst private businesses. First Security Bank Housing Fund, potential Prospera Impact Fund D. Explore a land acquisition policy recognizing funding is barrier. First Security Bank Housing Fund, potential Prospera Impact Fund Green text indicates actions developed in collaboration with education partners. 5 of 7 632 1 - 2 yr 3 - 4 yr 5 yr Priority Outcome Metric (how to measure)Lead Org*Partners** x Reduce water consumption to extend the use of a limited supply of water Increased use of the city's water conservation programs City of Bozeman City residents and businesses x Improves building energy efficiency Number of loans and projects implemented City of Bozeman City residents and businesses x Recognizes good practices to encourage investment by others Number and type of projects submitted for awards City of Bozeman City residents and businesses x Provide more housing at a lower price with reduced costs for infrastructure expansion Number of housing units City of Bozeman Bozeman City Commission x Provide residents diverse travel options alternative to a car when appropriate Number of projects constructed City of Bozeman Streamline, MDT, DBA, TCC E. Support City of Bozeman's investment in multi-modal transportation options, including strategies to charge for parking in appropriate locations in the City. Objective 3.2: Develop a sustainable city Staff time Staff time Notes and/or Potential ResourcesAction Staff time D. Support proposed changes to Bozeman Zoning code to allow for smaller housing units on smaller lots B. Actively promote the existing commercial property- assessed clean energy (CPACE) financing structure that allows building owners to borrow money for energy efficiency projects. Staff time C. Explore the development of an award that recognizes investments in buildings and sites to encourage sustainable development practices. Staff time A. Increase support and awareness for the existing City of Bozeman water efficiency program Green text indicates actions developed in collaboration with education partners. 6 of 7 633 1 - 2 yr 3 - 4 yr 5 yr Priority Outcome Metric (how to measure)Lead Org*Partners** x Develop awareness of climate tech companies and begin to support their growth List of companies and defined needs is created. Businesses meet to share interests and collaboration. City of Bozeman Local EDOs, MSU TTO, Energy Research Institute (ERI), Snow Lab, Optics/Sensing, Precision Agriculture x Develop new agriculture practices that reduce water consumption and conserve soil integrity Application for an Innovation Hub is submitted MSU Department of Agriculture City of Bozeman and Local EDOs x Actively support local emerging companies and convey to community that climate change is being addressed Number of new climate tech companies promoted City of Bozeman MSU TTO, MSU IC and Local EDOs x Develop new technologies to help community adapt to impacts of climate change Number of new climate tech companies created City of Bozeman MSU TTO, MSU IC and Local EDOs x Facilitate private investment into domestic low carbon, climate resilient (LCR) infrastructure and other green sectors Establish the Bank City of Bozeman Local EDOs x Reduce greenhouse gas (GHG) emissions by reducing use of fossil fuel Northwestern Energy fuel source City of Bozeman and Northwestern Energy Local EDOs C. Explore the development of a program that supports and promotes new startup companies (e.g. awards and small grant award) in the defined Climate Technology cluster. CDBG, Venture Capital, Foundations Staff time A. Develop a Climate Technology industry group to identify existing companies, barriers to growth, and workforce needs. This information will define the Climate Technology industry unique to Gallatin Valley. Climate Technology is a broad field that includes data analytics, construction materials, carbon sequestering, agriculture production methods, etc. One "lane" should be defined for GV to make progress. F. Work with Northwestern Energy to foster development of non-fossil fuel energy production B. Advocate for an MSU Agriculture Department initiative to create innovation hub for Western US that aligns research with agriculture producers and advances precision agriculture Action Objective 3.3: Foster a culture focused on climate change resilience E. Explore the creation of a regional non-profit Green Bank for funding new climate resilient infrastructure. https://greenbanknetwork.org/what-is-a-green-bank-2/ IRA may capitalize a national Green Bank that could fund the regional bank through grants or loans. Staff time and IRA EDA, Department of Agriculture, IRA D. Explore the development of private incubator that supports the defined Climate Technology cluster. Notes and/or Potential Resources Green text indicates actions developed in collaboration with education partners. 7 of 7 634 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Bozeman Community Center MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:Bozeman Community Center Work Session STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:The City of Bozeman's Strategic Plan calls for prioritizing recreational opportunities and active health programs and facilities, in addition to ensuring library services that meet the demands of the City. Through previous studies, the Parks & Recreation Department and the Bozeman Public Library have identified a critical need to expand civic amenities and services to all city residents. The proposed Bozeman Community Center project consists of an aquatics and recreation facility and branch library to serve inter-generational recreation, youth programming, and a holistic definition of wellness to support both civic and cultural needs. A ballot measure to support this project will be decided by voters in the November 2023 election. On September 9, 2022 the City Commission approved a contract for professional services to support conceptual design and community engagement efforts. Community engagement will include a wide array of partners, organizations, and residents to help shape concept level designs and future programs as well as construction and operations cost estimates. City staff will provide a brief presentation on background and current activities, with a focus on receiving feedback from the City Commission regarding elements to be included in upcoming community engagement opportunities. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:None. 635 Attachments: Bozeman Community Center RFQ/RFP for Community Engagement and Conceptual Design.pdf Bozeman Community Center - Phase 1 - Basic Scope of Work.pdf Bozeman Community Center - Community Engagement Plan.pdf Report compiled on: December 22, 2022 636 Page 1 of 14 REQUEST FOR QUALIFICATIONS (RFQ) AND PROPOSALS (RFP) WEST SIDE RECREATION AND AQUATICS CENTER AND LIBRARY BRANCH COMMUNITY ENGAGEMENT AND CONCEPTUAL DESIGN PROFESSIONAL ARCHITECTURAL SERVICES CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 June 2022 637 Page 2 of 14 NOTICE IS HEREBY given that the City of Bozeman (City), is seeking a request for qualifications and a request for proposals (hereafter collectively referred to as “proposals” or “responses”) from firms qualified to provide perform public engagement and concept design services (Phase 1) and potentially final design (Phase 2) and construction (Phase 3) services in anticipation of construction of a West Side Recreation and Aquatics Center and Library Branch at a location yet to determined. Copies of the request for qualifications and request for proposals are available on the City’s website at https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFQ-RFP recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFQ-RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFQs via email to the City Clerk by June 23, 2022 at 3:00 p.m. MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: agenda@bozeman.net NON-DISCRIMINATION AND EQUAL PAY The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFQ-RFP on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ- RFP and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, 638 https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. Failure to comply with the above may be cause for the City to deem the submittal non-responsive. Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, agenda@bozeman.net. Questions relating to the RFQ-RFP should be directed to: Jon Henderson, Strategic Services Director, (406) 582-2250, jon.henderson@bozeman.net DATED at Bozeman, Montana, this June 5, 2021 Mike Maas City Clerk City of Bozeman For publication on: Sunday, June 5 Sunday, June 12 639 I. INTRODUCTION The City of Bozeman is seeking qualifications and proposals from qualified firms to perform public engagement and concept design services (Phase 1) and potentially final design (Phase 2) and construction (Phase 3) services in anticipation of construction of a West Side Recreation and Aquatics Center and Library Branch at a location yet to determined. Upon completion of Phase 1, the City may, at its discretion and further subject to available funding, request additional professional services from the selected firm to complete final design and construction for the project. The scope of the project will be determined based on multiple factors including obtainable priorty needs as identified in the conceptual design process, and the City’s desire to continue with the selected consultant. The selection under this procurement action will be based on all scope of services outlined below notwithstanding Phase 2 or Phase 3 being potential additional services. This RFQ-RFP shall not commit the City to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The City reserves the right to accept or reject all responses received as a result of this RFQ-RFP if it is in the City’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFQ-RFP, all Submitters agree to be bound by the laws of the State of Montana and of the City, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II. SCOPE OF SERVICES Phase 1 – Community Engagement and Conceptual Design The City is considering a fall 2023 ballot measure in support of a West Side Recreation and Aquatics Center and Library Branch to meet the needs of a growing community. The consultant hired will build upon previous efforts, including but not limited to a 2012 City of Bozeman Recreation/Aquatics Facility Feasibility Study, and engagement efforts conducted as part of the current Bozeman Public Library renovation project. Community engagement on what kinds of activities and spaces are needed to serve a diverse and growing community will guide the development of a conceptual design. The consultant will be expected to be familiar with and adhere to the Engage Bozeman framework that guides the City’s community engagement efforts. The consultant will work with City staff to develop a community engagement plan to clarify the scope of the engagement process and how input will influence different aspects of the conceptual design of the new facility. The consultant will be expected to implement the community engagement plan using creative and accessible tools and techniques to gather input from the broader community as well as specific groups. Input gathered during the engagement process will guide the resulting conceptual design. 640 Previous studies identified the need for approximately70,000 square feet of indoor aquatics and recreation center facilities in addition to roughly 33,000 square feet of outdoor aquatics facilities. Library services will require approximately 33,000 square feet, including but not limited to the following items: • Bookmobile Loading Dock / Garage • Large Community Meeting Room Space (>300p) • Small Community Meeting Room Space (4p-16p) • Hands-On Learning Labs • Dedicated Children’s Area • Study Rooms • Office Space for Staff • Café (associated with the Friends of the Library) • Drive-Thru Automatic Materials Handler Dropoff/Pickup Creative and efficient use of shared public spaces are critical to the success of this project, as the City strives to provide a campus style setting for a community and cultural center in a growing area of town to serve a diverse population (north of Main St. and west of 19th Ave.). Conceptual design should include a rough site analysis when a potential location is identified to include site improvements necessary to complete the project, including but not limited to pedestrian circulation, street improvements, parking, and groundwater mitigation efforts. Efforts should also be made to include high performance construction standards wherever possible as it relates to the City’s adopted Climate Plan, in addition to drought tolerant landscaping and other water conservation efforts. In addition to the concept design, the consultant will be tasked with the development of a marketing package to help communicate the proposed project to voters. Total project costs based on conceptual design will need to be estimated no later than April 2023 to be included in the required budget documents and bond materials. Upon completion of Phase 1, the City may, at its discretion and further subject to available funding, request additional professional services from the selected firm to complete final design and construction for the project (Phases 2 and 3). Phase 2 – Final Design Upon successful completion of conceptual design the City may work with the consultant to complete final design contingent upon voter approval. The consultant may work with the City to provide all services necessary to develop construction bid documents. Phase 3 – Consruction 641 The successful consultant may work with the City to select a General Contractor/Construction Manager (GCCM) to ensure constructability and cost efficiency. The selected firm may work with the GCCM to provide all services necessary to bidding the project and coordinate in oversight of the construction activities of the project. All work must be in compliance with all applicable requirements under Montana and Federal laws and regulations. The City reserves the right to pursue subsequent selection processes for any future project(s) at their sole discretion should fundraising efforts be successful. This project will be under intense scrutiny by public officials, the media, and the citizens. It is imperative that it be managed and constructed with the utmost regard to cost, schedule, and quality control by all participants. The integrity, reputation, skills and performance of the firm must be of the highest caliber to maintain confidence in the project. III. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS As the initial submittal to the City, RFQs MUST BE DELIVERED NO LATER THAN 3:00 PM, MOUNTAIN TIME, June 23, 2022, to the following email address: agenda@bozeman.net. RESPONSES THAT ARE UNSIGNED OR SUBMITTED BEYOND THE DEADLINE SHALL NOT BE CONSIDERED AND SHALL BE REJECTED. A. Contact Information ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ-RFP MUST BE SUBMITTED IN WRITING NO SOONER THAN JUNE 6, 2022, AND NO LATER THAN JUNE 21, 2022 TO: Jon Henderson, Strategic Services Director P.O. Box 1230 Bozeman, MT 59771-1230 (406) 582-2250 jon.henderson@bozeman.net Amendments to Solicitation Any interpretation or correction of this request will be published on the City’s webpage. The opportunity for questions related to this document begins on June 6, 2022, with a deadline for all questions to be submitted by 12:00 PM MST on June 21, 2022. B. Selection Timeline Advertising dates: June 5, 2022 and June 12, 2022 Receipt of RFQ-RFPs: No later than 3:00 p.m. MST June 23, 2022 642 RFQ-RFP Review Complete by Committee: July 6, 2022 Notice of Interviews for Qualified Repondents: July 7, 2022 Interviews: July 14, 2022 Selection: July 15, 2022 With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. IV. SELECTION PROCEDURE A. STATEMENT OF QUALIFICATIONS/PROPOSALS Respondents to this RFQ/RFP (“Respondents”) must comply with the mandatory requirements provided in this solicitation. The selection process shall be conducted pursuant to all applicable Montana law including those criteria set forth in §18-8-204, MCA and applicable City policy. 1. Evaluation of Proposals. The selection committee will review conforming responses using the criteria listed below. Responses to this RFQ/RFP that do not contain the required documentation will be deemed nonresponsive to this solicitation and may be rejected. 2. Revisions. Responses will be accorded fair and equal treatment with respect to opportunity for discussion and revision of responses, and such revisions may be permitted, after submissions and prior to award for the purpose of obtaining best and final responses. 3. Evaluation & Elimination. After evaluating all conforming responses based on the criteria herein the selection committee may eliminate one or more or all Respondents from further review if they do not meet the qualification criteria specified herein. Any Respondents eliminated by the selection committee, at any time, or for any reason, shall have no opportunity to make revisions or participate further in the selection process. 4. Interviews. After reviewing conforming responses, the selection committee may decide to schedule interviews with qualified Respondents. Interviews will be conducted virtually. Each firm selected for interview will be notified of the specific time for their interview. The format of the interview will be left up to the proposing firm; however, interviews will be [45] minutes inclusive of questions from the selection committee, with 15 minutes between interviews for transitions and set up between Respondents. 5. Selection and Final Recommendation. The selection committee will tally the scores for the responses to this RFQ/RFP. At that time contract negotiations will take place between the City and successful Respondent. The City may negotiate a contract with the next highest ranked Respondent if a contract cannot be made. B. RESPONSES – FORM OF CONTENTS 643 Submit one (1) original digital copy in a single, searchable PDF document file to the following email address: agenda@bozeman.net, prepared as follows: i. General Instructions: a. RFQ-RFP responses must be signed by an officer or principal of your firm. b. RFQ-RFP responses must be contained in a single searchable PDF document not to exceed 20 pages total including whatever pictures, charts, graphs, tables, and text the firm deems appropriate to be part of the review of the firm's qualifications. A separate transmittal letter, cover page, cover sheets, and dividers are exempted from the page limit. c. Schedules may be submitted in addition to the page limit. ii. Response Contents: a. Title Page. The title page shall include the firm/individual name, address, contact, telephone number and email address to contact for information regarding the proposal. The title page must bear the signature of authorized representative of the Respondent and designates, by name, not more than two individuals authorized to sign agreements with the City on behalf of the Respondent. b. Executive Summary. This section shall provide an overview of the proposal and the Respondent’s understanding of the City’s needs. The summary should also include any experience the Respondent wishes to highlight, as well as any relevant conditions or restrictions. c. Prime Firm/ Team Profile(s) and Key Project Individuals. Provide information about the firm, including location and number of employees. Describe the firm’s history. Include information identifying the firm’s annual volume of business, financial/bonding capacities, and speak to the firm’s stability in the marketplace. Information identifying the firm’s strengths and weaknesses along with special capabilities that may be appropriate to the Project will assist in the evaluation. Brief resumes shall be provided for each key project individual. Any proposed subcontractors should be clearly identified and their profiles described. Key staff may not be replaced once a contracting firm has been selected without prior approval of the City. d. Experience. Respondent must demonstrate successful experience and capacity to act as a contractor on projects of similar size, type and complexity. Provide the name and location of each project, the client, and the contact person and phone number. Describe experience and qualifications of the professional personnel to be assigned to this project. Describe your recent and current work for the City of Bozeman, if any. 644 e. Firm Workload. Provide the status of current and anticipated work within the firm in terms of time and magnitude for the anticipated Project schedule as it relates to availability of key personnel and your firm. Describe the firm’s capability to meet time and project budget requirements. f. Claims. At any time in the last ten (10) years has your firm been assessed and paid liquidated damages after completion of a project under a contract with a public owner? g. Project Approach. Describe your approach to the Project Scope. i. Describe your process for gathering information and input from key constituents and the broader community. Include examples of community engagement tools and techniques your team has experience implementing. ii. Describe a community engagement process your team implemented as a part of a past project. What input was gathered? What was the timeline? Did community input influence the outcomes or deliverables? Provide a timeline and specific processes for this part of the process. iii. How will the Prime Firm/Team provide ongoing, on-demand, in-person, and cost-effective support for the community engagement and the master planning process? iv. Describe the expertise of the Prime Firm/Team in knowledge, skills, and abilities related to design of public spaces in a diverse community. v. Describe the elements of a marketing package you will produce to aid in fundraising. vi. Describe your experience with high performance construction standards and sustainable building practices including LEED certification. h. References. Please provide name and contact information for at least three references for projects completed in the last two years. i. Affirmation of nondiscrimination and equal pay (see Attachment A). Noncompletion of the Affirmation form is cause for disqualification of Respondents. C. EVALUATION CRITERIA Qualifications and proposals will be evaluated by the Selection Committee who will individually score them out of a total of 100 possible points based on the criteria below.The scoring criteria and possible point values are: 645 1. Respondent’s approach to the Project: Possible Points: 40 2. Respondent’s experience with projects of similar size and design: Possible Points: 20 3. Qualifications of Firm and Key Personnel to be assigned to this Project: Possible Points: 20 4. Capabilities to meet time schedule and project budget requirements. Possible Points: 10 5. Present and projected workloads: Possible Points: 6 6. Past projects/experience working with the City of Bozeman: Possible Points: 2 7. Office(s) location: Possible Points: 2 V. FORM OF AGREEMENT The successful firm will be expected to approve and authorize the form of agreement included in Attachment B. VI. CITY RESERVATION OF RIGHTS All proposals submitted in response to this RFQ-RFP become the property of the City and public records and, as such, may be subject to public review. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE 646 CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A. This RFQ-RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFQ-RFP, all Respondents who submitted will be notified using email. B. The City reserves the right to accept or reject any and all submissions; to add or delete items and/or quantities; to amend the RFQ-RFP; to waive any minor irregularities, informalities, or failure to conform to the RFQ-RFP; to extend the deadline for submitting proposals; to postpone award for up to 60 days; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFQ-RFP and if multiple awards are determined by the City to be in the public interest. C. The City reserves the right to reject the submission of any person/firm who previously failed to perform properly to the satisfaction of the City, or complete on time agreements of similar nature, or to reject the submission of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City. D. The City reserves the right to determine the best qualified Respondents and negotiate a final scope of service and cost, negotiate a contract with another Respondents if an agreement cannot be reached with the first selected Respondents, or reject all proposals. E. The professional services contract between the City of Bozeman and the successful firm will incorporate the firm's scope of service and work schedule as part of the agreement (see Attachment B for form of Architectural services agreement). The professional services agreement presented to the firm may differ from this form as appropriate for the scope of services). F. This RFQ-RFP does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by Respondents in responding to this request for qualifications or request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Respondents, by submitting a response to this RFQ-RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFQ-RFP. G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises this RFP, all firms who submitted proposals will be notified using email. H. Projects under any contract are subject to the availability of funds. VII. ACCESSIBILITY 647 Deliverables must comply with the Americans with Disabilities Act. To comply with the ADA, documents posted online, including, but not limited to, Adobe PDF files, Microsoft Word documents, Microsoft PowerPoint presentations, and online flipbooks, must be screen-reader friendly. Accessible documents are often part of web-based information or used for support documents. Therefore, under Section 508 standards and WCAG accessibility guidelines, it is critical to ensure all support documents made available to end users can be accessed by people with disabilities. Therefore, any digital material created for the City of Bozeman and its websites will maintain the requirements outline in WCAG 2.0 AA Convention guidelines, Section 508 "Electronic & Accessibility Standards" of the U.S. Rehabilitation Act, the Usability.gov accessibility Guidelines, and ADA Title II State & Local Government nondiscrimination requirements. VIII. NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. IX. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. Employment Restriction and Indemnity. No person who is an owner, officer, employee, contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, its officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease 648 compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each Respondent shall save and hold the City harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent’s officers, employees, contractors and consultants. D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301. E. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an SOQ not properly addressed and identified in accordance with these documents. F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. X. ATTACHMENTS The following exhibits are incorporated in this RFQ-RFP: Attachment A: Non-Discrimination and Equal Pay Affirmation Attachment B: Form of Architectural Services Agreement END OF RFQ-RFP 649 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 650 Document B121™ – 2018 Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document does not contain a description of the Architect’s scope of Services and related terms. This document is intended to be used in conjunction with AIA Document B221™–2018, Service Order for use with Master Agreement Between Owner and Architect AGREEMENT made as of the day of in the year (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59771 and the Architect: (Name, legal status, address, and other information) The Owner and Architect agree as follows. 651 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 2 TABLE OF ARTICLES 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES 2 SERVICE ORDERS 3 ARCHITECT’S RESPONSIBILITIES 4 ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COPYRIGHTS AND LICENSES 7 CLAIMS AND DISPUTES 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS 9 COMPENSATION 10 MISCELLANEOUS PROVISIONS 11 SPECIAL TERMS AND CONDITIONS 12 SCOPE OF THIS MASTER AGREEMENT ARTICLE 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES § 1.1 This Master Agreement shall be effective for one year after the date first written above ("Date of this Master Agreement"). § 1.2 This Master Agreement shall apply to all Service Orders agreed to by the Parties within the term of this Master Agreement until completion of the Service Order. In the event of a conflict between terms and conditions of this Master Agreement and a Service Order, the terms of the Service Order shall take precedence for the services provided pursuant to the Service Order. An agreed upon Service Order together with this Master Agreement form a Service Agreement. A Service Agreement represents the entire and integrated agreement between the parties, and supersedes prior negotiations, representations, or agreements, either written or oral. A Service Agreement may be amended or modified only by a Modification. § 1.3 This Master Agreement will renew on an annual basis, on the day and month of the Date of this Master Agreement, unless either party provides notice of their intent not to renew this Master Agreement. Notice must be provided at least 60 days prior to the renewal date. In the event either party elects not to renew this Master Agreement, the terms of this Master Agreement shall remain applicable until all Service Orders under this Master Agreement are completed or terminated. § 1.4 The Owner identifies the following representative authorized to act on the Owner’s behalf with respect to this Master Agreement: § 1.4.1 In each Service Order, the Owner will identify a representative authorized to act on the Owner’s behalf with respect to the Service Order. 652 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 3 § 1.5 The Architect identifies the following representative authorized to act on the Architect’s behalf with respect to this Master Agreement: § 1.5.1 In each Service Order, the Architect will identify a representative authorized to act on behalf of the Architect with respect to the Service Order. § 1.6 Nothing contained in this Master Agreement or in a Service Order shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. ARTICLE 2 SERVICE ORDERS § 2.1 The Owner is not required to issue any Service Orders under this Master Agreement. § 2.2 The Architect may decline to accept any Service Order issued by the Owner. § 2.3 The Architect shall perform the services set forth in each agreed upon Service Order, consisting of AIA Document B221-2018, Service Order, or such other document as the Owner and Architect may mutually agree upon. Each Service Order shall state the name, location, and detailed description of the Project; describe the Architect’s Services; state the Architect’s compensation; and list the attachments and exhibits incorporated by reference. ARTICLE 3 ARCHITECT’S RESPONSIBILITIES § 3.1 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the services provided pursuant to a Service Agreement. § 3.2 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Master Agreement or any Service Agreement. § 3.3 The Architect shall maintain the following insurance until termination of this Master Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 9.4. The Owner shall be endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. Upon request by the Owner, the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3. The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order, provided Architect and Owner my mutually agree in writing to different coverage limits for Architect’s consultants. .1 General Liability With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. .2 Automobile Liability 653 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 4 Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage per claim. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. .3 Workers’ Compensation Workers’ Compensation at the statutory limits and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. .4 Professional Liability With policy limits of not less than Two Million Dollars ($2,000,000.00) per claim, Two Million Dollars ($2,000,000.00) in the aggregate. § 3.4 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of the services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.5 The Architect shall not be responsible for an Owner’s directive or substitution made without the Architect’s approval. § 3.6 The Architect shall manage the Architect’s services, research applicable design criteria, attend project meetings, communicate with members of the project team and report progress to the Owner. § 3.7 As soon as practicable after the date of this Service Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. § 3.8 As soon as practicable after award of the Service Agreement, the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order. The Owner may reply within 14 days to the Architect in writing stating (1) whether the Owner has reasonable objection to any such proposed consultant or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. § 3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner of any proposed substitution a minimum of ten (10) days prior to a proposed change. ARTICLE 4 ADDITIONAL SERVICES § 4.1 The Architect may provide Additional Services after execution of a Service Order without invalidating the Service Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Article 4 shall entitle the Architect to compensation pursuant to Section 9.3. § 4.2 Unless otherwise provided in a Service Order, upon recognizing the need to perform the following Additional Services, as they relate to the services provided pursuant to the Service Order, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) 654 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 5 contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .6 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; (Paragraph deleted) .7 Consultation concerning replacement of Work resulting from fire or other cause during construction. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 The Owner shall provide information in a timely manner regarding requirements for and limitations of each Service Order. § 5.2 The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.4 The Owner shall furnish all legal, insurance, and accounting services, including auditing services, that may be reasonably necessary at any time to meet the Owner’s needs and interests under a Service Agreement. § 5.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the services or work related to a Service Agreement, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. (Paragraph deleted) § 5.6Reserved. ARTICLE 6 COPYRIGHTS AND LICENSES § 6.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use in relation to a Service Agreement. § 6.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with a Service Agreement is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 6.3 The Architect grants to the Owner an irrevocable, perpetual, fully paid, nonexclusive license to use the Architect’s Instruments of, provided that the Owner substantially performs its obligations to promptly pay all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 10.9. § 6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising 655 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 6 from such uses. The terms of this Section 6.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 8.4. § 6.4 Except for the licenses granted in this Article 6, no other license or right shall be deemed granted or implied under this Master Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 6.5 Except as otherwise stated in Section 6.3, the provisions of this Article 6 shall survive the termination of this Master Agreement. ARTICLE 7 CLAIMS AND DISPUTES § 7.1 General § 7.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to any Service Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Master Agreement and within the period specified by applicable law, but in any case not more than 10 years after the completion of the services provided pursuant to a specific Service Agreement, whichever is sooner. Completion of the services pursuant to a specific Service Agreement shall be the date of Substantial Completion of construction related to the services performed pursuant to the Service Agreement or, where there is no construction work related to a Service Agreement, the date the Architect completes its services under the Service Agreement. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 7.1.1. § 7.1.2 Pending final resolution of any controversy, claim, or dispute arising out of the Service Agreement, except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the Owner shall continue to make payments in accordance with the Service Agreement. (Paragraph deleted) § 7.2 Mediation § 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to litigation in court of competent jurisdiction. § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of the work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process, payment to DRB members and whether the decision or findings of the DRB will be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a neutral third party mediator in accordance with American Arbitration Association procedures in effect on the date the claim is made in lieu of a DRB. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorneys’ fees, expert witnesses’ fees, costs and expenses in the mediation. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) § 7.3 Arbitration § 7.3.1 Claims, disputes or other matters in controversy arising out of or related to the Service Agreement may, by mutual written agreement, be subject to arbitration. In the event the parties agree to utilize an arbitration process, it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement. A request for arbitration shall be made in writing, delivered to the other-party, and must contain all claims then known to that party on which arbitration is permitted. In the event the other party is not willing to submit the matter to arbitration, the dispute shall be resolved through the judicial forum available to the parties. 656 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 7 § 7.3.1.1 A request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written request for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 7.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Master Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 7.3.3 If the parties mutually agree to arbitration, the award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 7.3.4 Consolidation or Joinder § 7.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Master Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 7.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration. The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement. Appropriate provisions will be included in all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. (Paragraph deleted) § 7.4 The provisions of this Article 7 shall survive the termination of a Service Agreement. ARTICLE 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services. § 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services. § 8.3 If the Owner suspends the services under a Service Agreement for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate the Service Agreement by giving not less than seven days’ written notice. § 8.4 Either party may terminate a Service Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of the Service Agreement, through no fault of the party initiating the termination. Termination of a Service Agreement under this Section 8.4 shall not be deemed a termination of other Service Agreements under this Master Agreement. § 8.5 The Owner may terminate a Service Agreement, upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. § 8.7 657 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 8 (Paragraphs deleted) Reserved. § 8.8 Except as otherwise expressly provided herein, a Service Agreement shall terminate one year from the date of Substantial Completion. § 8.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of termination of a Service Agreement are set forth in Article 6 and Section 9.5 of this Master Agreement. ARTICLE 9 COMPENSATION § 9.1 The Owner shall compensate the Architect for the services described in a Service Order pursuant to the Service Order and as set forth in this Article 9. § 9.2 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates may be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices provided Owner consents to such adjustment in writing. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate ($0.00) § 9.3 Except as otherwise set forth in a Service Order, the Owner shall compensate the Architect for Additional Services designated in Article 4 as follows: (Paragraph deleted) § 9.4 Compensation for Reimbursable Expenses § 9.4.1 Unless otherwise indicated on the Service Order, Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include the actual expenses incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Permitting and other fees required by authorities having jurisdiction over the Project; .3 Printing, reproductions, plots, and standard form documents; .4 Postage, handling, and delivery; .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; and .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; (Paragraphs deleted) § 9.4.2 Reserved. § 9.4.3 Reimbursable Expenses will be allocated to each Service Agreement. § 9.5 Payments to the Architect § 9.5.1 Progress Payments § 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. % 658 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 9 § 9.5.1.2 Reserved. § 9.5.1.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located. § 10.2 Notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other. § 10.4 Reserved. § 10.5 Unless otherwise required in a Service Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.6 The Architect shall have the right to include photographic or artistic representations of the design of the Projects for which services are performed among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Projects to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Projects. This Section 10.6 shall survive the termination of a Service Agreement unless the Owner terminates a Service Agreement for cause pursuant to Section 8.4. § 10.7 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party may disclose such information as required by law or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity. The Party receiving such information may also disclose it to its employees, consultants or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.7. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. § 10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. (Paragraph deleted) § 10.10 A waiver by either party any default or breach by the other party of any terms or conditions of this Master 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. ARTICLE 11 SPECIAL TERMS AND CONDITIONS Special terms and conditions applicable to this Master Agreement are as follows: 659 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 10 (Include other terms and conditions applicable to this Agreement.) § 11.1 For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold Owner harmless against claims, demands, suits, damages, losses and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the Owner 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 Architect or Architect’s consultants, agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the architect or Architect’s consultants, agents or employees. To the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless from any claims, demands, suits, damages, losses and expenses arising from or relating to any claim for violation of intellectual property rights, including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants, agents or employees. Should Owner be required to bring and action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below Owner 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 Architect was obligated to defend the claim(s) or was obligated to indemnify Owner for a claim(s) or any portion(s) thereof The obligations of this Section 11.1 shall survive termination of this Master Agreement. § 11.2 In the event it becomes necessary for Owner or Architect to retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s gees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. § 11.3 The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations and contracts. In order to satisfy City of Bozeman policy the 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, aga, 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 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. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. ARTICLE 12 SCOPE OF THIS MASTER AGREEMENT § 12.1 This Master Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Master Agreement may be amended only by written instrument signed by both the Owner and Architect. § 12.2 This Master Agreement is comprised of the following documents identified below: .1 AIA Document B121™–2018, Standard Form of Master Agreement Between Owner and Architect (Paragraphs deleted) .2 Exhibits: (Clearly identify any other exhibits incorporated into this Master Agreement.) .3 Other documents: (List other documents, if any, forming part of the Master Agreement.) 660 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 11 This Master Agreement entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) (Printed name and title)(Printed name, title, and license number, if required) 661 Additions and Deletions Report for AIA® Document B121™ – 2018 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 19:51:00 ET on 05/31/2022. Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 1 PAGE 1 City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59771 PAGE 3 § 3.3 The Architect shall maintain the following insurance until termination of this Master Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 9.4. (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.)The Owner shall be endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. Upon request by the Owner, the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3. The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order, provided Architect and Owner my mutually agree in writing to different coverage limits for Architect’s consultants. … With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. PAGE 4 Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage per claim. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. … Workers’ Compensation at the statutory limits and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. … With policy limits of not less than Two Million Dollars ($2,000,000.00) per claim, Two Million Dollars ($2,000,000.00) in the aggregate. 662 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 2 … § 3.6 The Architect shall manage the Architect’s services, research applicable design criteria, attend project meetings, communicate with members of the project team and report progress to the Owner. § 3.7 As soon as practicable after the date of this Service Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. § 3.8 As soon as practicable after award of the Service Agreement, the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order. The Owner may reply within 14 days to the Architect in writing stating (1) whether the Owner has reasonable objection to any such proposed consultant or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. § 3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner of any proposed substitution a minimum of ten (10) days prior to a proposed change. PAGE 5 .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; or .10 .7 Consultation concerning replacement of Work resulting from fire or other cause during construction. … § 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. … § 5.6 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. § 5.6Reserved. … § 6.3 The Architect grants to the Owner a an irrevocable, perpetual, fully paid, nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, of, provided that the Owner substantially performs its obligations under the Service Agreement, including prompt payment of to promptly pay all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 10.9, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates a 663 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 3 Service Agreement for cause as provided in Section 8.4, the license granted in this Section 6.3, and related to the terminated Service Agreement, shall terminate.10.9. § 6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 6.3.1. The terms of this Section 6.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 8.4. PAGE 6 § 7.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201™–2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein.Pending final resolution of any controversy, claim, or dispute arising out of the Service Agreement, except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the Owner shall continue to make payments in accordance with the Service Agreement. § 7.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to a Service Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of a Service Agreement, except as specifically provided in Section 8.6. § 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.litigation in court of competent jurisdiction. § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Master Agreement. A request for mediation shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of the work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process, payment to DRB members and whether the decision or findings of the DRB will be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a neutral third party mediator in accordance with American Arbitration Association procedures in effect on the date the claim is made in lieu of a DRB. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorneys’ fees, expert witnesses’ fees, costs and expenses in the mediation. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 664 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 4 § 7.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 7.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ]Arbitration pursuant to Section 7.3 of this Master Agreement [ ]Litigation in a court of competent jurisdiction [ ]Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 7.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Master Agreement, any claim, dispute or other matter in question Claims, disputes or other matters in controversy arising out of or related to a Service Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, the Service Agreement may, by mutual written agreement, be subject to arbitration. In the event the parties agree to utilize an arbitration process, it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement. A demand request for arbitration shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the arbitration.other-party, and must contain all claims then known to that party on which arbitration is permitted. In the event the other party is not willing to submit the matter to arbitration, the dispute shall be resolved through the judicial forum available to the parties. § 7.3.1.1 A demand request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand request for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. PAGE 7 § 7.3.3 The If the parties mutually agree to arbitration, the award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. … § 7.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.arbitration. The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement. Appropriate provisions will be included in all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. § 7.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 7.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Master Agreement. … 665 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 5 § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. … § 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, Reimbursable Expenses incurred, and all costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements. together with Reimbursable Expenses then due. § 8.7 In addition to any amounts paid under Section 8.6, if the Owner terminates a Service Agreement for its convenience pursuant to Section 8.5, or the Architect terminates a Service Agreement pursuant to Section 8.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: Reserved. PAGE 8 § 9.2 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates shall may be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices.practices provided Owner consents to such adjustment in writing. … (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) … § 9.4.1 Unless otherwise indicated on the Service Order, Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include the actual expenses incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows: … 666 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 6 .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 .3 Printing, reproductions, plots, and standard form documents; .5 .4 Postage, handling, and delivery; .6 .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; and .8 .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. § 9.4.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus percent ( %) of the expenses incurred.Reserved. … § 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) PAGE 9 § 9.5.1.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. In any event, the Owner shall not withhold payments to the Architect pertaining to a Service Agreement to offset amounts in dispute under a separate Service Agreement.Reserved. … § 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 7.3.located. … § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other, except that the Owner may assign a Service Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under the Service Agreement, including any payments due to the Architect by the Owner prior to the assignment.other. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with the Service Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or 667 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 7 consents that would require knowledge, services, or responsibilities beyond the scope of the Service Agreement.Reserved. … § 10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 10.9.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 10.10 A waiver by either party any default or breach by the other party of any terms or conditions of this Master 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. Special terms and conditions that modify applicable to this Master Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) § 11.1 For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold Owner harmless against claims, demands, suits, damages, losses and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the Owner 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 Architect or Architect’s consultants, agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the architect or Architect’s consultants, agents or employees. To the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless from any claims, demands, suits, damages, losses and expenses arising from or relating to any claim for violation of intellectual property rights, including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants, agents or employees. Should Owner be required to bring and action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below Owner 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 Architect was obligated to defend the claim(s) or was obligated to indemnify Owner for a claim(s) or any portion(s) thereof The obligations of this Section 11.1 shall survive termination of this Master Agreement. § 11.2 In the event it becomes necessary for Owner or Architect to retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s gees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. § 11.3 The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations and contracts. In order to satisfy City of Bozeman policy the Architect will not refuse employment to a person, bar a person from employment or discriminate against a person in 668 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 8 compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, aga, 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 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. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. PAGE 10 .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Master Agreement.) .3 .2 Exhibits: … .4 .3 Other documents: 669 AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 19:51:00 ET on 05/31/2022 under Order No. 2114327997 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B121™ – 2018, Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 670 + Draft Scope of Work – REV 03 August 23, 2022 PROJECT TEAM ThinkOne Architects Architecture / Prime Consultant Anderson Mason Dale Architects Architecture Aquatics Design Group Aquatics Design 5 Landscape Morrison Maierle Civil; Structural; Mechanical Electrical Plumbing Vermeulens Cost PROJECT UNDERSTANDING Professional design services to perform public engagement and concept design services (Phase 1) and potentially final design (Phase 2) and construction (Phase 3) for a West Side Recreation and Aquatics Center and Library Branch. Phase 1 – Community Engagement and Conceptual Design · The City of Bozeman is considering a Fall 2023 ballot measure in support of a West Side Recreation and Aquatics Center and Library Branch to meet the needs of a growing community. · The consultant hired will build upon previous efforts, including but not limited to a 2012 City of Bozeman Recreation/Aquatics Facility Feasibility Study, and engagement efforts conducted as part of the current Bozeman Public Library renovation project. · Community engagement on what kinds of activities and spaces are needed to serve a diverse and growing community will guide the development of the conceptual design. The consultant will be expected to be familiar with and adhere to the Engage Bozeman framework that guides the City of Bozeman’s community engagement efforts. The consultant will work with City staff to develop a community engagement plan to clarify the scope of the engagement process and how input will influence different aspects of the conceptual design of the new facility. The consultant will be expected to implement the community engagement plan using creative and accessible tools and techniques to gather input from the broader community as well as specific groups. Input gathered during the engagement process will guide the resulting conceptual design. · Previous studies have identified the following profile for the project: 70,000 SF recreation center and indoor aquatics 33,000 SF outdoor aquatics facilities 33,000 SF branch library · Creative and efficient use of shared public spaces are critical to the success of this project, as the City of Bozeman strives to provide a campus style setting for a community and cultural center in a growing area of town to serve a diverse population. · The site has been identified as approximately 9 acres of land on the northeast corner of Durston and Cottonwood Roads. Conceptual design should include site analysis to include site improvements necessary to complete the project, including but not limited to geotechnical and survey work, pedestrian circulation, street improvements, parking layouts, landscape strategies, stormwater treatment and management. · High performance construction standards to be coordinated with Bozeman’s adopted Climate Plan, in addition to drought tolerant landscaping and other water conservation efforts. · A marketing package will be required to help communicate the proposed project to voters PROJECT SCHEDULE September 2022 to April 2023 BASE SCOPE OF WORK · Kick-off work session(s) with prime stakeholders o Review overall process, schedule, current relevant information o Review community outreach process, protocols o Identify touchpoints for design team interface w stakeholders, community – focus groups, open houses, events · Programming and Early Conceptual Design Exhibit A 671 + Draft Scope of Work – REV 03 August 23, 2022 o Meet with client agency leadership team (Recreation, Aquatics, Library) to discuss, establish vision parameters for the project o Meet with client agency staff to assemble inventory of facility space needs, requirements, standards to support assembly of preliminary space program o Focused efforts to define aquatics program (indoor and outdoor) o Develop room sheet diagrams articulating size and primary infrastructure requirements o Concurrent concept explorations at a macro level focused on site diagramming: block plan diagrams, general adjacencies, site access and amenities, initial building massing; up to (3) conceptual site strategies will be explored for consideration o Tabulated space program summary with accompanying room sheet diagrams and site diagrams o Design narratives articulating proposed building and site systems (structural, architectural, mechanical, site infrastructure) · Site Analysis o Traffic study o Preliminary geotechnical work, based on preferred concept studies o Preliminary survey work – boundary, utilities, topography o Meetings with Bozeman Public Works Division to review, discuss development requirements · Community Outreach o Architecture camp – (2) cycles, conducted during (2) days in Bozeman, at a venue proximate to the site o Focus groups (in-person and/or virtual sessions) o Open houses – (3) in-person sessions o Preparation and collateral generation for all sessions · Cost Modeling o Develop initial cost model scenarios developed concurrently with programming and early concept design efforts; developed based on site strategies, infrastructure, spatial types, building systems unit cost o Two cost model updates coinciding with early concept design efforts as they evolve, and directed by target value design strategies o One cost model update coinciding with advanced concept design work ADDITIONAL SCOPE OF WORK · Conceptual Design (Advanced) o Further review of initial explorations will move from macro to micro – working toward floor plan diagrams, refined building massing, and character studies o Conceptual landscape strategies o Diagram floor plans, massing o Precedent research of comparable facilities; character boards depicting precedent concepts – spatial, massing, materiality, programs, exteriors, landscapes o Up to (2) conceptual strategies will be developed to allow for selection of a preferred direction · Collateral Package o Illustrative site plan o Conceptual plan diagrams o 3-D massing vignettes o Character vignettes – exterior and interior o Infographics o Final cost model o Digital publication with concept narratives o These assets are to be highlighted on any of the following: singular website platform, social media, brochures, signage, and/or mailings. Optional services: · Precedent facility visits, tours with city staff · Advanced conceptual design to support video flythroughs 672 + Draft Scope of Work – REV 03 August 23, 2022 · Physical massing model built in wood and acrylic Proposed Timeline July 2022 Design Team Selection August 2022 Contract Negotiation September 2022 Project kickoff w city of Bozeman stakeholders – review goals, objectives, protocols, workplan Review of all relevant information and findings from past, recent city efforts; Site visit; collect, prepare site plan exhibits Workshop (virtual) - develop criteria, metrics for concept evaluations October 2022 Site visit; site analysis; Programming, space needs Workshop (virtual) – initial program, space needs; target value analysis, cost modeling review November 2022 Programming, space needs refinement Conceptual site studies Cost modeling scenarios Workshop (in-person) Workshop, Architecture Camp in Bozeman Public meeting – project awareness; community aspirations; site review; initial program review; input on drivers, strategies to inform concept iterations December 2022 Concept site studies; block diagrams; building massing Program confirmation informed by concept studies Cost modeling scenarios; review and adjustments HOLIDAYS January 2022 Conceptual design studies, development; cost modeling alternatives Workshop (in person) Workshop, Architecture Camp in Bozeman February 2022 Advanced conceptual design studies, development Workshop (in person) Public meeting – conceptual design presentation; collect input on character, vernacular, inspiration of place March 2022 Collateral Package development Cost modeling - adjustment for scope & budget alignment Review, confirm collateral content Public meeting – preview final conceptual design April 2023 Final Collateral Package incl. Project Cost Model 673 Bozeman West Side Campus Proposal for Professional Design Services Programming / Public Outreach / Initial Concept Design Team Members / Services Direct Costs Reimbursable Exp.Total Cost ThinkOne Architects (Architecture, Management)$45,000 $0 incl.$45,000 AMD Architects (Architecture Design)$188,000 $0 incl.$188,000 Aquatic Design Group (Aquatics / Recreation)$20,000 $0 incl.$20,000 Design 5 (Landscape Design)$2,000 $0 incl.$2,000 MMI (Civil Engineering)$2,500 $0 incl.$2,500 MMI (Structural Engineering)$1,500 $0 incl.$1,500 MMI (MEP Engineering)$1,500 $0 incl.$1,500 Site Survey (MMI)$5,000 $0 incl.$5,000 Traffic Study (MMI - Tom Eastwood)$17,000 $0 incl.$17,000 Geotechnical Investigation (Allied Engineering)$12,500 $0 incl.$12,500 Phase Total $295,000 $0 $295,000 Enhanced Concept Design - Program Validation - Detailed Costing Effort Team Members / Services Direct Costs Reimbursable Exp.Total Cost ThinkOne Architects (Architecture, Management)$30,000 $0 incl.$30,000 AMD Architects (Architecture Design)$80,000 $0 incl.$80,000 Aquatic Design Group (Aquatics / Recreation)$13,000 $0 incl.$13,000 Design 5 (Landscape Design)$4,500 $0 incl.$4,500 MMI (Civil Engineering)$5,000 $0 incl.$5,000 MMI (Structural Engineering)$2,500 $0 incl.$2,500 MMI (MEP Engineering)$2,500 $0 incl.$2,500 Phase Total $137,500 $0 $137,500 Total All Proposed Design Services $432,500 Bozeman West Side Campus Fee Proposal_Rev 3.xlsx 8/24/2022 674 Last Updated: 1/3/2023 5:19 PM 1 COMMUNITY ENGAGEMENT PLAN Project Title: Bozeman Community Center (Recreation, Aquatics Center & Branch Library) Project Leads: • Jon Henderson – Strategic Services Director • Mitch Overton – Parks & Recreation Director • Susan Gregory – Bozeman Public Library Director C.E. Purpose/Background: The City’s Strategic Plan calls for prioritizing recreational opportunities and active health programs and facilities, in addition to ensuring library services that meet the demands of the City. Through previous studies, the City of Bozeman has identified a critical need to expand civic amenities and services to all city residents. The Bozeman Community Center project will focus on inter-generational recreation, youth programming, and a holistic definition of wellness to include both civic and cultural infrastructure. Specific programs and spaces will be shaped by community values, preferences, and input. Community engagement efforts will be led by a design committee of City staff and outside consultants. The charge of the design committee is to include and engage a wide array of partners, organizations, and residents to identify priorities for the space and future programs. Community input will help shape concept level designs as well as construction and operations cost estimates. Ultimately, the engagement conducted during this phase of the project, along with resulting concept designs and budget will inform the ballot issue that voters will decide on in the November 2023 election. Key Terms: identify and define jargon, acronyms, or other technical terms that need to be re-worded or clarified in communication and engagement with the public • Building Program – While the term program often refers to the offering and activities that take place within a given space or building (youth programs, summer reading programs, etc.). An architectural or building program, catalogue all the activities within a given project and provide the proper area allocation in order to meet the function and purpose of each space. Building Program / Program Spaces may include areas such as: a leisure pool, gym, group fitness room, community meeting room, story time area, etc.) • Group fitness – any space or program that typically includes multiple participants, an instructor, and schedule of classes. Yoga or Spin Classes for example • Branch Library – a Library owned and maintained by a central organization, in this case the City of Bozeman, but that may be one of multiple locations • Concept Design: Initial phase of an architectural design process that define general parameters and preliminary design. The concept design phase proceeds subsequent design phases of: Schematic Design, Design Development, Construction Documentation and Construction Administration. 675 Last Updated: 1/3/2023 5:19 PM 2 Operations budget Key Partners: Internal • City Commission (bond language approval, and overall budget authority) • City Manager Office • City Aquatics Division • City Recreation Division • Library Board of Trustees (as it relates to statutory authority over operations) • Bozeman Police Department (Support Services Division) External • Identified Target Audiences for engagement include but are not necessarily limited to: Haven, Bienvenidos, Eagle Mount, Mt Racial Equity Project, Reach Inc., American Indian Council, Indigenous Peoples Day Mt. Org., Queer BZN, YMCA, The Ridge, MSU, Family Promise Group, Community Health Partners, Bozeman School District #7, HRDC, Bozeman Health, Chamber of Commerce, Barracudas Swim Club, Bozeman Masters Swim, Kayak Clubs, SCUBA Clubs, Bozeman Brookies, Library Foundation, Friends of the Library, Gallatin High School, Meadowlark Elementary School Key Questions 1. What decision(s) needs to be made? What decisions have already been made? • Decisions Made: • The project site location has been selected • The 2012 needs assessment and market analysis has been performed. The project has a defensible case for much needed capital investment and civic programming expansion • The internal team is working towards putting the ballot measure out for voter consideration in the 2023 November municipal election • Decisions that need to be made: • The scope and size of the project • The programmed spaces that will be included in the project • The project budget and cost estimate • The operational funding mechanism 2. Who is the final decision maker? City Commission & Library Board of Trustees 3. At what stages in the decision making process the public is being asked to participate (see graphic below)? “Gather Information”, “Develop Alternatives,” “Evaluate Alternatives” 4. Who will be most impacted by this decision/project/policy? • Who may benefit, who may be burdened? 676 Last Updated: 1/3/2023 5:19 PM 3 Youth and Families may be the largest user groups, but the project will be inter-generational serving ALL Bozeman residents. Financial tax burden will be divided amongst taxpayers. It is the charge of the design committee to establish the project budget. Other city stakeholders and finance / tax experts can quantify the projected tax burden amount per resident. • What are the potential unintended consequences? Public support and stakeholder engagement could wane if: • specific groups are not included, informed • private businesses and/or community organizations perceive the project as a threat • the public perceives the increased tax burden as a threat / not providing community value or value for voters individually. • How will people be better off as a result of this decision/project/policy? The City of Bozeman is currently lacking in public recreation center(s). The library resources are exceeded by past and projected population growth trends. Although the new facility is for ALL in the community, the west side is particularly underserved; the main library is 4.1 miles away from the proposed project site (14 min. by car, 22 min. by bicycle, 1hr 20min walking). This project will improve access to a variety of community services and education opportunities and will be a touchpoint for residents experiencing crisis (homelessness, etc.). Youth and teens will have a safe and healthy space to linger and play after school and engage in youth programs and summer camps. A holistic definition of wellness (mental, physical, social, financial, spiritual, environmental, and vocational) will be embedded in all facets of the new community center. 5. What is the timeline for this decision/project/policy? • Engagement occurring in Jan-March 2023 will inform concept designs and budget estimates (see engagement timeline below). • Ballot language will be considered by City Commission in June. • Concept designs and budget estimates will inform a communications campaign in late summer/fall 2023. • Bozeman residents will vote on a bond and levy to fund the project in November of 2023. 6. What are the communication and engagement resources available? The consultant team will lead the planning, generation of engagement materials, and implementation of engagement activities and events with support from city communications and engagement staff. Engagement tools and techniques will be aligned with the Level of Engagement determined in this plan. 677 Last Updated: 1/3/2023 5:19 PM 4 678 Last Updated: 1/3/2023 5:19 PM 5 Level of Community Engagement: Inform and Involve 679 Last Updated: 1/3/2023 5:19 PM 6 Goal for Community Engagement Inform, consult, and involve the community in helping prioritize needs and develop concept designs for a new community center. Objectives – (SMART! Specific, Measurable, Attainable, Realistic, Timely) • Utilize Engage Bozeman platform to provide online opportunities for residents to participate in their own time. • Host focus groups to gather input from specific user groups, including difficult to reach communities. • Host up to 3 public events to share results of survey and focus groups, gather additional input, propose high level concept designs and gauge community preferences on alternatives. • Develop and implement a survey and gather 1000 responses on top priorities for a new library branch, rec, aquatics center. Engagement Timeline Timeline: December 2022 • Phase 1: “Define Opportunities” meeting with City Staff to establish initial building programming and define success and scope of public outreach Actions: Prepare to meet with the public, putting the framework around Building Programming and engaging in Due Diligence efforts regarding the proposed building site. o Develop a survey to inform priorities for space and programming o Publicize and distribute survey – goal is to gather 1000 responses  Engage Bozeman  Press Release  Social posts Tools: Internal workshops, charrettes, research, building programming, cost modeling (design team), survey development Timeline: January 2023 • Phase 2: “Gather Information” meeting with community groups, soliciting feedback on Engage Bozeman Actions: “Involve” and “Consult” public o January 19th and January 20th – first series of public event o Focus groups to gather input from targeted community groups listed above o Red Dot Green Dot Exercises, presenting compelling imagery and ideas to help inspire residents and help individuals identify:  What kind of public library, aquatics, recreation facilities and programs are collectively the highest priority  Strong promotion of these initial events to attract a more representative set of Bozeman residents to the initial events.  Design concept will not yet be presented to the public at this point.  The design committee expects to have preliminary survey results 680 Last Updated: 1/3/2023 5:19 PM 7  This can help guide promotion campaign for these events and do all in our power to encourage underrepresented groups to participate and to contribute.  Education around timeline for engagement and impact, clear description of the decisions to be made. Education around limitations– budget, land, technical feasibilities, environmental impacts, etc. – to guide input. Tools: Charettes, Focused Conversations, Red Dot Green Dot Exercise, Community Liaison engagement, Café / Table talk, Open Space Meetings, Card Storming (identify priorities), Online Surveys / Engage Bozeman, Open House Timeline: February 2023 • Phase 3&4: “Establish Decision Criteria” & “Develop Alternatives” Design team w/ Core City Staff Stakeholder group Actions: “Involve” and “Consult” public o Early February Report back to Core City Stakeholder Group o Design Committee prepare for second round of community event to occur in late February o Late February - second series of public event(s)  Survey Results and Data collected from previous outreach efforts can be made available and presented to participants  Present 2 to 4 concept alternatives gather feedback on preferences and concerns for design alternatives. Use cardstorming technique. • We will not be asking participants to choose one, instead we will be asking them to identify the most successful  More targeted precedent imagery will be presented to participants to get feedback  Publish an executive summary of results to date of community outreach process to elicit feedback on Engage Bozeman Tools: Presentations, interviews, focus group feedback, open house, Engage Bozeman Timeline: March 2023 • Phase 5: “Evaluate Alternatives” Reporting out on what we heard, hosting community meetings and open houses etc. to communicate concept / program alternatives & directions Actions: “Consult” Public – o Design Committee to refine and integrate most successful aspects of previous concept design into a singular concept, based on phase 4 public feedback o Mid to Late March – third series of public event(s) o Present process and results from previous outreach efforts o Present the preferred concept alternative and gather feedback o Publish an executive summary of results to date of community outreach process to elicit feedback on Engage Bozeman Tools: Presentations, Open House, etc. 681 Last Updated: 1/3/2023 5:19 PM 8 Timeline: April – Nov 2023 • Phase 6: Communications Campaign Actions: Ballot education campaign to inform voters of the need for the facility and the implications of passage or failure of the Nov ballot initiative Tools: Comms tools including but not limited to: press releases, Engage Bozeman project page, social media posts, emails to community partners, presentations to community groups 682 Memorandum REPORT TO:City Commission FROM:Renata Munfrada, Community Housing Program Coordinator SUBJECT:Public Hearing for the Timber Ridge Low Income Housing Tax Credit (LIHTC) Project Applying for Real Property Tax Exemption from Montana Board of Housing MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:None. This hearing is to provide opportunity for public comment. No action is required of the City Commission. 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:Per Montana Code Annotated 15-6-221, applications to the Montana State Department of Revenue’s tax exemption programs should request a public hearing to solicit public comment from the community. It states that “the unit of local government where the proposed project is to be located shall give due notice, as defined in 76-15-103 MCA, and hold a public hearing to solicit comment on whether the proposed qualifying low-income rental housing property meets a community housing need. A record of the public hearing must be forwarded to the board of housing.” The statute further indicates that no findings must be made by the City Commission. The objective of the public hearing is to solicit comments. Public notice must occur prior to the public hearing, and be published 14 days apart. The publication dates for the noticing of each of the community housing projects presented in this hearing were March 27, 2022 and April 10, 2022. This hearing will call for public comment on two community housing related projects. Each project has been noticed to the statutory requirements. The objective of this hearing is to formally allow for members of the community to give input on each project and how it benefits our community. No other action is required. Attached to this memo are materials related to each project in the order they are listed below, including a cover memorandum with statutory requirement information, and a narrative project description. 683 UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:None. Attachments: Timber Ridge City Commission Memo 01.10.23.pdf Report compiled on: December 28, 2022 684 Memorandum REPORT TO: City Commission FROM: Renata Munfrada, Community Housing Program Coordinator SUBJECT: Public Hearing of Timber Ridge Community Housing Project Applying for Real Property Tax Exemption from Montana Board of Housing MEETING DATE: January 10, 2023 RECOMMENDATION: None. This hearing is to provide opportunity for public comment. No action is required of the City Commission. 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: Per Montana Code Annotated 15-6-221, applications to the Montana State Department of Revenue’s tax exemption programs should request a public hearing to solicit public comment from the community. It states that “the unit of local government where the proposed project is to be located shall give due notice, as defined in 76-15-103 MCA, and hold a public hearing to solicit comment on whether the proposed qualifying low-income rental housing property meets a community housing need. A record of the public hearing must be forwarded to the board of housing.” The statute further indicates that no findings must be made by the City Commission. The objective of the hearing is to solicit comments from members of the community. Public notice must occur prior to the public hearing, and be published 14 days apart. The publication dates for the noticing of each of the community housing projects presented in this public hearing were November 27, 2022 and December 11, 2022. PROJECT DESCRIPTION: Timber Ridge Apartments, located on Tschache Lane, is a 30 unit new construction senior (age 55+) living community located in Bozeman, Montana. Timber Ridge has been designed as a three-story apartment complex containing 20 one-bedroom units and 10 two-bedroom units. Residents will have elevator access to the second and third floors. In addition to numerous in-unit amenities (e.g. washer and dryer, microwave, dishwasher, stone and oven, etc.) the apartment complex will also host numerous community spaces and other amenities, such as an indoor community room with a kitchen and an outdoor patio space. 685 Summit Housing Group, based out of Missoula, is the Sponsor and Developer of the project. Through a while owned subsidiary, Summit Housing Group will also be the Managing General Partner of the project partnership. Summit has partnered with the Human Resource Development Council of District IX, a Bozeman-based nonprofit housing and service organization. Highland Property Management will be the property manager for the project. Timber Ridge Apartments will offer thirty homes for people over the age of 55, or are disabled, earning between 40% and 60% of the Area Median Income. The apartments will share the corner of Tschache Lane and North 27th Avenue with Stoneridge Apartments, another Summit affordable housing development catering to low-income families. The Low-Income Housing Tax Credit (LIHTC) program is the most important resource for creating affordable housing in the United States today. LIHTC subsidizes the acquisition, construction, and rehabilitation of affordable rental housing for low and moderate income tenants. Without the incentive, affordable rental housing projects do not generate sufficient profit to warrant the investment. Northeast View of the Timber Ridge Apartments located on Tschache Lane & North 27th Avenue 686 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Appointment to the Transportation Board MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint Bryce Gordon to the Transportation Board for a term ending December 31, 2026. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Transportation Board has one position available due to a term expiration on December 31, 2022. The City Clerks' Office posted the vacant position online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until November 18, 2022. One application was received, from the current member whose term is expiring, Bryce Gordan. UNRESOLVED ISSUES:None ALTERNATIVES:As per the Commission FISCAL EFFECTS:None Attachments: Bryce Gordon.pdf Report compiled on: December 28, 2022 687 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Thursday, November 17, 2022 10:48:53 AM Citizen Advisory Board Application Submission #:2090037 IP Address:184.166.135.45 Submission Date:11/17/2022 10:48 Survey Time:52 minutes, 1 second You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Bryce Gordon Residential Address 1305 S. Bozeman Ave. Bozeman, MT 59715 Primary Phone 9703859080 Additional Phone Current Occupation Seamster/ Sewist Employer Backstitched Bags LLC Email bsgordon9080@gmail.com Which position are you applying for? Transportation Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years Have you ever served on a City or County Board or Commission? Yes 688 Where, how long, and what Board? I am currently serving on the Bozeman Transportation Board and have served for the last 11 months. Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I currently serve on the Bozeman Transportation Board and have one year of experience with the proceedings & topics of the board. As a young business owner & youth bike coach I have a unique perspective on Bozeman's growth & commuter needs that I find applicable to the Board's topics & tasks. As a coach I interact with all types of commuters & see the needs of Bozeman's commuter base. I understand that balanced & sustainable growth is paramount to Bozeman's growth and transportation plans. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. As a youth bike coach I have done trainings to promote DEI and it is central to the mission statement of the bike program. We strive to include student athletes from all back grounds and to make the entry into the sport as equitable as possible for all student athletes. Personally I believe it benefits everyone to strive for a diverse, equitable and inclusive community where everyone's views and talents are seen, heard and respected. References Read-Only Content Reference #1 Full Name Heidi Makoutz Phone 5183205467 Email dwyermontana@gmail.com Section Break Reference #2 Full Name Emma Bode Phone 3074138886 Email emma.t.bode@gmail.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I am a serving member on the board. Is there any other information that you feel we need to know? I have really appreciated and enjoyed my time on the Transportation Board thus far and hope to continue to learn Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 689 690 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Appointment to the Downtown Business Improvement District Board MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint Randy Scully the Downtown Business Improvement District Board for a term expiring June 30, 2025. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Bozeman Downtown Business Improvement District Board (BDBID) currently has two vacancies. One qualified application has been received. Montana Code stipulates that BDBID Board members be owners of property within the district. In the past, several applicants were appointed to the board as "property owner representatives" because their property title named a corporation as the owner rather than the individual. For many years the City Commission has honored this precedent by appointing property owner representatives to the BID Board. The BID was originally created by Resolution 3361 and Ordinance 1517, per MCA 7-12-1121, in May of 2000. In June of 2010, the BID was extended/recreated by Resolution 4263 for an additional ten years. On August 11, 2020, the BID was recreated by Resolution 5141 and Ordinance 2040 until 2030. The board shall be comprised of not less than five, nor more than seven, owners of property within the district. Members are appointed for staggered four-year terms. Deputy Mayor Terry Cunningham is the City Commission liaison for this board. Bozeman Downtown Business Improvement District Board appointments are Commission appointments 691 UNRESOLVED ISSUES:None identified ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Randy Scully.pdf Report compiled on: December 28, 2022 692 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Wednesday, September 28, 2022 10:20:46 AM Citizen Advisory Board Application Submission #:1991439 IP Address:69.146.200.71 Submission Date:09/28/2022 10:20 Survey Time:34 minutes, 45 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Randy Scully Physical Address 5073 Patterson Road Office Location 106 E Babcock Street Suite 1F Bozeman MT 59715 Bozeman, MT 59718 Primary Phone 9144508803 Additional Phone Current Occupation Developer Employer ScullyWest Properties Email randy@scullywestproperties.com Which position are you applying for? Bozeman Downtown Business Improvement District Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) No How long have you lived in the Bozeman Area? 6-10 years Have you ever served on a City or County Board or Commission? 693 No Where, how long, and what Board? Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Downtown Bozeman property owner who is very interested in improvements to the downtown experience. Serving as chair to the Northern Rockies Professional Center, served at Treasurer to the Museum of the Rockies, and looking to help support the DBID. I have been active in various community events from fund raising, coaching and school events. Co-Chair MOR Wine and Culinary Classic, head coach youth soccer, baseball and hockey, and annual contributor to Anderson School play building various sets The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have benefited greatly from volunteering for various activities and events in the Bozeman area as well as working outside the state of Montana. References Read-Only Content Reference #1 Full Name Robert Pertzborn Phone 4065800422 Email rpertzborn@intrinsikarchitecture.com Section Break Reference #2 Full Name Jim Ness Phone 4062494550 Email Jim.Ness@ourbank.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Emily Cope Is there any other information that you feel we need to know? Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 694 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Appointments to the Downtown Urban Renewal District Board MEETING DATE:January 10, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint two members, Jake Van Dusen and Aaron Parker, to non- voting roles expiring June 30, 2026 and one member, Suzi Berget White, to a voting role expiring June 30, 2026. AND I move to appoint Barbara Bear to serve as the Chair and one voting member to serve as the Vice-chair. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Downtown Bozeman Improvement District Board (DURB) was created under the Urban Renewal Plan, which was adopted by the Commission under Ordinance 1409 on November 20, 1995. The Board consists of five voting members who shall have a demonstrated interest in downtown Bozeman, and two non-voting members. The Mayor shall appoint the members, with the advice and consent of the City Commission. In accordance with Section 7-15-4234, M.C.A., members shall serve staggered four-year terms. The voting members shall be residents of the city, and a majority of the voting members shall not hold any other public office under the municipality. Non-voting members must possess a demonstrated interest in downtown Bozeman and may represent a specified list of organizations which include, but are not limited to, the Parking Commission, Chamber of Commerce, MSU/Museum of the Rockies, Gallatin Development Corporation, Bozeman School District, City of Bozeman, Gallatin County and the Downtown Bozeman Association. Non-voting members need not be city residents. This board currently has two non-voting position vacancies with a term ending June 30, 2026, and one voting position with a term ending June 30, 695 2026. The City Clerk’s Office has received six applications, with their relevant qualifications indicated below. 1. Two non-voting positions, expiring June 30, 2026 | Qualifies: N. Wickes, C. Lawrence, J. Van Dusen, W. Shepard, A. Parker, S. Berget White 2. One voting position, expiring June 30, 2026 | Qualifies: N. Wickes, C. Lawrence, J. Van Dusen, W. Shepard, A. Parker, S. Berget White Applicants: Nicholas Wickes Cory Lawrence Jake Van Dusen Will Shepard Aaron Parker Suzi Berget White Jennifer Madgic is the City Commission liaison for this board. Urban Renewal Board appointments are Mayoral appointments. Per Resolution 5323, the City Commission shall appoint the Board Officers. The Chair and Vice-chair of this board need to be designated at this time as well. UNRESOLVED ISSUES:Vice-Chair candidate must be a voting member of the board. Voting members must reside within the municipality per MCA 7-15-4234. The City Commission must approve the change of positions for voting and non-voting members. ALTERNATIVES:As per the City Commission FISCAL EFFECTS:None Attachments: 06-15-22 - CAB Applications - CAB Application George (Jake) Van Dusen.pdf 06-14-22 - CAB Applications - CAB Application Cory Lawrence.pdf 05-26-22 - CAB Applications - CAB Application Nicholas Wickes.pdf 11-30-22 - CAB Applications - CAB Application Will Shepard.pdf 12-01-22 - CAB Applications - CAB Application Aaron Parker.pdf 12-19-22 - CAB Applications - Suzi Berget White.pdf Report compiled on: October 21, 2022 696 697 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Wednesday, June 15, 2022 10:57:16 AM Citizen Advisory Board Application Submission #:1741980 IP Address:69.51.116.170 Submission Date:06/15/2022 10:57 Survey Time:8 minutes, 53 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name George (Jake) Van Dusen Physical Address 800 South 3rd Bozeman, MT 59715 Primary Phone 4065705338 Additional Phone Current Occupation BIM Manager (Construction Manager) Employer Dick Anderson Construction Email gjakevandusen@gmail.com Which position are you applying for? Downtown Urban Renewal Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more Have you ever served on a City or County Board or Commission? No 698 Where, how long, and what Board? Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Professionally I work for a local GC and am emersed in the business development of our urban core. As an active member of the industry, I have a close pulse on the changes occurring to our urban core. I have experienced both developmental successes and failures that have occurred to our downtown Personally, I play a role in helping run my wife’s business – Treeline Coffee. The energy created by employees and customers alike, has driven my desire to make a positive different to urban Bozeman. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. As a white male I am acutely aware of my social obligation to help support those in marginalized groups. I have supported my wife’s woman owned business and the many specific women support programs they support. In 2020, my wife and I traveled to Colombia and spent time on coffee farms interacting with and making relationships with the native farmers. DEI is not just about financially supporting a given group or idea, it is about integrating folks into community and including them in society. References Read-Only Content Reference #1 Full Name Tony Renslow Phone 4065813455 Email tony@therenslowgroup.com Section Break Reference #2 Full Name Ben Christensen Phone 4065515213 Email ben.christensen@simmsfishing.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Through both existing members and members on other broads. I've been seeking out ways to be more involved in our community and was steered towards these boards...this one in particular. Is there any other information that you feel we need to know? Bozeman’s growth is one that has to be managed, and so far, that management has been done well. We are a quickly changing community with many pressures from different interests. Unchecked or misguided development will erode the community and vibrancy we have in our urban core. I feel that, as a young person working in the industry and with many personal vested interest in our urban core, I can help the healthy growth of our community while also maintaining downtown’s positive social energy. Read-Only Content 699 Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 700 From:Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Tuesday, June 14, 2022 9:42:45 AM Citizen Advisory Board Application Submission #:1738670 IP Address:72.175.254.122 Submission Date:06/14/2022 9:42 Survey Time:45 minutes, 17 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Cory Lawrence Physical Address 7 East Beall Street Suite 200 Bozeman, MT 59715 Primary Phone 4064148930 Additional Phone Current Occupation Owner, Adventure Travel Company; Developer, Armory Hotel Employer Off the Beaten Path LLC Email coryl@offthebeatenpath.com Which position are you applying for? Downtown Urban Renewal Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more Have you ever served on a City or County Board or Commission? 701 Yes Where, how long, and what Board? Downtown URD, 3 years Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am a trained tax and financial consultant who has been a business owner and manager for 30 years. Over the past 20 years, I have been the owner/manager of Off the Beaten Path, an adventure travel company founded in Bozeman in 1986 by long-time Bozeman residents, Bill and Pam Bryan. Since returning to Bozeman 20 years ago (I lived in Bozeman in my childhood), I have been active in downtown, both from a business owner and employer perspective but also, as an engaged member of our community. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have participated in company initiatives related to DEI (training seminars). References Read-Only Content Reference #1 Full Name Ileana Indreland Phone 4065801973 Email ileana@delaneynco.com Section Break Reference #2 Full Name Babs Noelle Phone 4065228844 Email babs@alarajewelry.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I am a sitting member of the Downtown URD Is there any other information that you feel we need to know? I have been an active member of the Downtown URD and would very much like to continue the work of this board. I have thoroughly enjoyed this board, the people that comprise it, and especially, the constituents it serves. As an active member of the downtown community, I am always seeking ways to engage and serve. The Downtown URD is an important board and during my term on the board, I have been active in my engagement. I would be honored with another term to continue the good work of this board. Read-Only Content Thank you, City Of Bozeman 702 This is an automated message generated by Granicus. Please do not reply directly to this email. 703 From:Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Thursday, May 26, 2022 12:14:26 PM Citizen Advisory Board Application Submission #:1690522 IP Address:174.45.121.114 Submission Date:05/26/2022 12:14 Survey Time:35 minutes, 36 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Nicholas Wickes Physical Address 4892 Alpha Drive Bozeman, MT 59718 Primary Phone 4153788529 Additional Phone Current Occupation CEO Employer Check This Out LLC Email nicholas@checkthisout.io Which position are you applying for? Downtown Urban Renewal Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) No How long have you lived in the Bozeman Area? 11 years or more Have you ever served on a City or County Board or Commission? Yes 704 Where, how long, and what Board? Bozeman DURD since May 2000 Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Current experience -Board member, Bozeman Downtown Urban Renewal District- Non-voting -Board member (former President), Bozeman Public Library Foundation -Board President, Feast Raw Bar & Bistro -Board member, Cedar Mountain Software (Missoula, MT) Past experience -Board Treasurer, Gallatin Art Crossing -Board President, Good For Kids Foundation (San Francisco, CA) -Board member, Cardsetter (Billings, MT) -Board member, Tennis for Kids (San Francisco, CA) -Board member, Market Day Foods The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I believe that everyone should have the opportunity to fulfill their greatest potential and that the vitality of a community is dependent upon a diverse array of voices, experiences, and backgrounds. One example of my commitment to diversity, equity, and inclusion over the years has been the vital participation of women as owners and executives in my business interests. References Read-Only Content Reference #1 Full Name Susan Gregory Phone 4065822401 Email sgregory@bozeman.net Section Break Reference #2 Full Name Jeff Batton Phone 4065798284 Email jeff@homestakeventurepartners.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? From the Downtown Bozeman Partnership Is there any other information that you feel we need to know? Dear Bozeman City Commissioners, My name is Nicholas Wickes. It would be a tremendous privilege to continue serving on the Bozeman Downtown Urban Renewal District board and help attract investment, stabilize and strengthen our community's tax base, and support the vitality and diversity of the Gallatin Valley as it's social and cultural center. I hope to have the opportunity to continue serving my community and neighbors in the Bozeman downtown corridor. Thank you, Nicholas Read-Only Content 705 Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 706 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Wednesday, November 30, 2022 10:12:29 AM Citizen Advisory Board Application Submission #:2108996 IP Address:69.145.61.64 Submission Date:11/30/2022 10:12 Survey Time:9 minutes, 33 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Will Shepard Residential Address 209 South 9th Ave Unit C Bozeman, MT 59715 Primary Phone 8023593886 Additional Phone Current Occupation Independent Contractor – Fly Fishing Guide; Student Employer Wild Trout Outfitters – JD Bingman Email will.mc.shepard@gmail.com Which position are you applying for? Downtown Urban Renewal Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years Have you ever served on a City or County Board or Commission? 707 No Where, how long, and what Board? Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have experience in journalism, marketing, real estate, and as an independent contractor. As a young adult, I am deeply passionate about helping our city and businesses grow equitably. I want to see the network of businesses here be our leaders, inspiring the community to be vibrant, fair, and sustainable. My political science degree is a versatile critical analysis tool that allows for a comprehensive understanding of the relationship between business, community, and politics. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. One of my role models in life is a gay man who has truly shaped my understanding of what being a good person means – fair, respectful, and honest. Highlighting differences in positive ways is incredibly important and demonstrates to the community that everyone is celebrated for who they are. I have learned that DEI should be in every aspect of life, no place is less important than any other. In this regard, Bozeman’s goals and plans need more actionable steps. Bozeman should be a DEI leader. References Read-Only Content Reference #1 Full Name Jerry Johnson Phone 4065393495 Email jdj@montana.edu Section Break Reference #2 Full Name Paul Lachapelle Phone 4065997750 Email paul.lachapelle@montana.edu The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? No How did you hear about this board or vacancy? Brit Fontenot – after meeting with Brit, he encouraged me to apply so that I might transform my ideas into actionable plans to help improve Bozeman. Is there any other information that you feel we need to know? I am energetic and driven. I read city commission documents, business development plans, and tax returns in my free time. Retaining, supporting, and creating businesses here must continually hold the values of everyone in the community paramount. Business growth must be interwoven with sustainable practices for the GYE so that our cultural and economic values are not lost. The preservation of all values allows for healthy growth. I love the Gallatin Valley and hope to make a positive impact. 708 Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 709 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Thursday, December 1, 2022 1:31:11 PM Citizen Advisory Board Application Submission #:2111889 IP Address:71.15.195.72 Submission Date:12/01/2022 1:31 Survey Time:21 minutes, 52 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Aaron Parker Residential Address 479 N Willson Bozeman, MT 59715 Primary Phone 4065955059 Additional Phone 4065955059 Current Occupation I own and operate; Dave's Sushi, Jam!, and Revelry Employer Self Email aaronparker5@icloud.com Which position are you applying for? Downtown Urban Renewal Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more Have you ever served on a City or County Board or Commission? 710 No Where, how long, and what Board? Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have been an active member in our business community for 13 years. These experiences have allowed me to gain perspectives in multiple areas of large, and small local businesses. From my earlier days, understanding the needs of a local business owner, and staff,as well as the parameters that exist with smaller local businesses, and now currently responsible for the livelihood of nearly 300+ employees, while balancing the parameters that are included with operating a larger scale local business. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I would like to believe that all of our restaurants are examples of what equality should look like. From the drag shows we host at Jam!, to the primarily female dominated core leadership team within our restaurant group. This is our present culture that exists everyday in our restaurants. References Read-Only Content Reference #1 Full Name Dave Weiss Phone 4065709158 Email dave@daves-sushi.com Section Break Reference #2 Full Name Andleeb Dawood Phone 6462990532 Email andleeb@saffrontable.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? From Mayor Andrus Is there any other information that you feel we need to know? As an active member within our downtown business community, I am excited to work with other members/community leaders, as well as the people within our community in order to gain perspectives that otherwise may not be heard. Read-Only Content Thank you, City Of Bozeman 711 This is an automated message generated by Granicus. Please do not reply directly to this email. 712 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Monday, December 19, 2022 12:35:24 PM Citizen Advisory Board Application Submission #:2140232 IP Address:154.27.109.5 Submission Date:12/19/2022 12:35 Survey Time:12 minutes, 36 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Suzanne Berget White Residential Address 1111 E BABCOCK ST BOZEMAN, MT 59715 Primary Phone 4065701714 Additional Phone Current Occupation Business Development Director Employer Prospera Business Network Email suziberget@gmail.com Which position are you applying for? Downtown Urban Renewal Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more Have you ever served on a City or County Board or Commission? Yes 713 Where, how long, and what Board? EV Board - 2022 - Resigned due to time of meeting (at night) Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have lived in Bozeman since 1999, with nearly 18 years of living downtown. I am the Business Development Director of Prospera working with hundreds of business owners annually - quite a few of these folks are downtown. I enjoy connecting business owners and individuals with resources which if applicable includes the Downtown Urban Renewal grant programs. I serve on the MT Ambassadors board as well. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have been involved with the city's DEI initiatives through the Economic Vitality board and have helped business owners implement programming supporting DEI initiatives. References Read-Only Content Reference #1 Full Name Paul Reichert Phone 4065873113 Email preichert@prosperamt.org Section Break Reference #2 Full Name Brit Fontenot Phone 4065282258 Email bfontenot@bozeman.net The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Cyndy Andrus Is there any other information that you feel we need to know? Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 714