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HomeMy WebLinkAbout03-21-23 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 E.FYI F.Commission Disclosures G.Consent G.1 Accounts Payable Claims Review and Approval (Armstrong) G.2 Notice of Intent to Apply for Transportation Alternatives Program Funding (Lonsdale) G.3 Authorize the City Manager to Sign a Notice of Award with Blanton Contracting, LLC for the THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, March 21, 2023 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person United States Toll +1-650-479-3208 Access code: 2557 042 4999 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 Aspen Street Pedestrian Bridge(DiTommaso) G.4 Approve the Final Plat for the Bozeman Gateway Subdivision P.U.D. Phase 5 Final Plat and Authorize the Transportation and Engineering Director to Execute the Same on Behalf of the City and Authorize the Director of Community Development to Execute the Improvements Agreement on Behalf of the City, Application 22145 (Quasi-Judicial)(Montana) G.5 Authorize the City Manager to Sign a Memorandum of Understanding with Bozeman Sunrise Rotary for Glen Lake Rotary Park(Jadin) G.6 Authorize the City Manager to Sign a Memorandum of Understanding with the USDA Forest Service Custer Gallatin National Forest for Bozeman Municipal Watershed Activities(Heaston) G.7 Authorize the City Manager to Sign a Professional Service Agreement with Summit Utility Services LLC to Provide Utility Locating Services(Pericich) G.8 Authorize the City Manager to Sign a Professional Service Agreement with Vertex Electric To Remove Electrical Boxes from Lift Station Wet Wells(Pericich) G.9 Authorize the City Manager to Sign a Professional Services Agreement with HDR Engineering for the Bozeman Water Treatment Plant Power Quality Study(Breuckman) G.10 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement for the Materials Testing Term Contract with Morrison-Maierle, Inc. for the Purpose of Obtaining Materials Testing on Various City Projects for the 2023 Construction Season(Gamradt) G.11 Authorize the City Manager Sign an Amendment 1 to Grant Agreement ACT-21-011C between the City and Montana Department of Natural Resources and Conservation(Heaston) G.12 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with KLJ Engineering for Engineering Services Related to the Aspen Street Pedestrian Bridge and Sidewalk(DiTommaso) G.13 Authorize the City Manager to Sign an Avolve ProjectDox ePlan Software Phase 2 Implementation Agreement(McMahan) G.14 Authorize City Manager to Sign a Professional Services Agreement with Jackson Contractor Group for Swim Center Renovation GC/CM Services(Ziegler) G.15 Resolution 5483, Financing of a Master Lease Purchase Agreement between Lease servicing Center, INC DBA NCL Government Capital and the City of Bozeman(Van Delinder) G.16 Resolution 5484, Declaring the Westgate Village Signs at 1003-1011 West College Street, Bozeman, MT as Historically or Culturally Significant, Application 22302(Garber) G.17 Ordinance 2130 Final Adoption, South 40 Zone Map Amendment to Rezone a Parcel from R- 2 (Residential Moderate Density) and R-1 (Residential Low Density) to REMU (Residential 2 Emphasis Mixed Use) on 41.38 Acres, Application 22279, Property Located at the Southeast Corner of South 19th Avenue and West Graf Street(Rogers) G.18 Ordinance 2133 Provisional Adoption, 1200 East Main Zone Map Amendment to Rezone a Parcel from B-2 (Community Business District) to B-2M (Community Business District-Mixed) on 1.5 Acres, Application 22184, a Property Addressed at 1200 East Main Street(Rogers) 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 Decision on Public Hearing on Protests for Special Improvement District (SID) 778 and Adoption of Resolution 5465 to Create SID 778 for the Purpose of Undertaking Certain Local Improvements to Bogert Place between South Church Avenue and East Story Street and Financing the Costs Thereof, continued from March 7, 2023(Gamradt) I.2 Preliminary Planned Unit Development (PUDP) for the Shady Glen PUDP, Birdie Drive and Commercial Drive, Application 22293 (Quasi-Judicial)(Hyde) I.3 Preliminary Plat for the Shady Glen Major Subdivision, Birdie Drive and Commercial Drive, Application 22294 (Quasi-Judicial)(Hyde) J.Work Session J.1 Bozeman Community Center Concept Design Discussion(Henderson) J.2 UDC Project - Review and Advise Regarding the Update to the Unified Development Code, Chapter 38, Bozeman Municipal Code to Address Potential Changes to Standards Relating to Levels of Service and Traffic Studies, Application 21381(Ross) K.FYI / Discussion L.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 3 4 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:March 21, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires the City Commission to review claims prior to payment. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. Additionally, the Department confirmed all expenditures were appropriately coded and within the current fiscal year allocated budget. In addition to the weekly check issue, please provide approval for checks dated 3/9 thru 3/15, as there was no commission meeting on 3/14. 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: March 16, 2023 5 6 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Notice of Intent to Apply for Transportation Alternatives Program Funding MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:Authorize the City Manager to move forward with the development of a Transportation Alternatives Program funding application 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 Transportation Alternatives (TA) Set-Aside from the Surface Transportation Block Grant (STBG) Program provides funding for a variety of generally smaller-scale transportation projects such as pedestrian and bicycle facilities; construction of turnouts, overlooks, and viewing areas; community improvements such as historic preservation and vegetation management; environmental mitigation related to stormwater and habitat connectivity; recreational trails; safe routes to school projects; and vulnerable road user safety assessments. The program is administered by the Montana Department of Transportation (MDT) and has two eligible project categories: capital projects and pavement preservation. The City of Bozeman has been successful in obtaining TA Program funding in the past for crossing improvements along the West Side Trail, sidewalk infill along Durston Rd and N 7th Ave near Griffin Drive, and pavement preservation along Highland Blvd, College St, and S 19th Ave. City staff intend to apply for funding in both categories in this application cycle. For Capital projects staff has identified a list of priority projects that focus on infill of gaps in existing shard use paths. Infill of these gaps will complete critical connections in the Active Transportation network. The sections are: approximately 650 feet along E Valley Center Rd between Catron St and Catamount St, approximately 1350 feet along the west side of N 19th Ave between Baxter Lane and Rawhide Ridge, and approximately 750 feet along the east side of Flanders Mill Rd adjacent to Meadowlark Elementary School. The sections of path recommended for pavement preservation are the shared use paths: along both sides of Oak St from N 7th 7 Ave to N 19th Ave, along both sides of N 19th Ave from Oak St to E Valley Center Rd, and along Huffine Lane between College St and Cottonwood Ave. The total length of path included is approximately 4.3 miles. Staff presented the recommended projects to the Transportation Advisory Board during January and February 2023 meetings and received a motion of board support for the proposed projects. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The city will be responsible for providing a 13.42% local match for awarded projects. Initial estimates of the match amounts total approximately $200,000. All project sites except Flanders Mill are along collector or arterial streets, therefore match funding is proposed to be provided through the city's Arterial and Collector District Fund. A small portion of match will need funded through the Street Maintenance District STR20 Annual Bike Path Maintenance account for Flanders Mill. Report compiled on: February 23, 2023 8 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:March 21, 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 Notice of Award for the Aspen Street Pedestrian Bridge was previously approved by the City Commission on January 4, 2023. The January 4, 2023 notice of award was for the incorrect amount. The January 4, 2023 notice of award authorized $322,257, which did not include the $44,880 for schedule 1. This notice of award is for the correct amount of both schedule 1 and 2 ($367,137) as shown in the attached bid document. The previous notice of award has been formally repealed. 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 9 for the construction of the bridge. The low bid was submitted by Blanton Contracting, LLC for $367,137. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:The costs for this project is $367,137 and will be paid for out of the North East Urban Renewal District Budget. The amount is the total for both schedule 1 and schedule 2 as shown in the attached bid document. Attachments: Notice of Award Aspen Street Ped Bridge v2.pdf Bid_Sheet_-_Aspen_Street_Bridge_Bid_2.xlsx.pdf Report compiled on: December 23, 2022 10 NOTICE OF AWARD Date of Issuance: 03/21/2023 Owner: City of Bozeman Owner’s Project No.: Engineer: KLJ Engineering Engineer’s Project No.: 2004-01034 Project: Aspen Street Pedestrian Bridge Sidewalk 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 $ 367,137. 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 11 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 12 NAME & ADDRESS Contractor License #Bid Price Blanton Contracting PO Box 1015 belgrade 59714 253217 Yes Yes 10%Schedule 1:$44,880 Schedule 2:322,257.00$ Jackson Contractor Group 146 Laura Loiuse Ln Bozeman 59718 50924 Schedule 1:$40,450.00 Schedule 2:$352,664.50 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 - Aspen Street Pedestrian Bridge These bids were opened and read before the undersigned at 3:00 PM on Monday, October 24, 2022. NON- DISCRIMINATION BID BOND Yes Yes DocuSign Envelope ID: D400F4A3-5128-4098-A497-0CB7144CD8F9 13 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Approve the Final Plat for the Bozeman Gateway Subdivision P.U.D. Phase 5 Final Plat and Authorize the Transportation and Engineering Director to Execute the Same on Behalf of the City and Authorize the Director of Community Development to Execute the Improvements Agreement on Behalf of the City, Application 22145 (Quasi-Judicial) MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial 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 22145 and move to recommend approval of the Bozeman Gateway Subdivision P.U.D. Phase 5 Final Plat and authorize the Transportation and Engineering Director to execute the same on behalf of the City and authorize the Director of Community Development to execute the Improvements Agreement on behalf of the City. 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 City Commission approved the preliminary plat for this subdivision on August 17, 2021 and the Finding of Fact and Order was signed on September 14, 2021. The Final Plat was submitted on June 30, 2022 for the Bozeman Gateway Subdivision P.U.D. Phase 5 Final Plat consisting of 5 lots including 2 developable lots and 3 open space lots on 6.9 acres within the Bozeman Gateway PUD master planned area. The property is zoned B-2. One of the lots, Lot 1, is a 2.97 acre lot that has an approved site plan for development of a 113-room hotel. The two abutting open space lots for the Lot 1 hotel, Lots OS-1 and OS-1A, must be improved with the development of the Lot 1 hotel. The other developable lot, Lot 2, is to remain undeveloped at this time. The third open space lot, OS-1B, must be developed concurrently with Lot 2. 14 The Phase 5 subdivision requires an Improvements Agreement and Financial Surety to install public streets, water, sanitary sewer, storm water facilities and street lighting in the amount of $1,622,137.47 which was received in the form of a check from the subdivider, Mitchell Development & Investments LLC. The full application materials can be found at the following link: 22145 Bozeman Gateway Phase 5 Final Plat UNRESOLVED ISSUES:None. ALTERNATIVES:None proposed. FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Attachments: 22145 BZN Gateway Ph 5 FP CC Memo.pdf Report compiled on: February 28, 2023 15 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Susana Montana, Senior Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT: Approve the Final Plat for the Bozeman Gateway Subdivision P.U.D. Phase 5 and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of Bozeman and authorize the Director of Community Development to execute the Improvements Agreement on behalf of the City of Bozeman; Application No. 22145. 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: March 21, 2023 AGENDA ITEM TYPE: Consent—Quasi-Judicial RECOMMENDATION: That the City Commission approve the Final Plat for the Bozeman Gateway PUD Phase 5 Subdivision and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of Bozeman and authorize the Director of Community Development to execute the Improvements Agreement on behalf of the City of Bozeman. BACKGROUND: The City Commission approved the preliminary plat on August 17, 2021 and the Finding of Fact and Order was signed on September 12, 2021. The Final Plat was submitted on June 30, 2022 for the Bozeman Gateway Subdivision P.U.D. Phase 5 Final Plat consisting of 5 lots including 2 developable lots and 3 open space lots on 6.9 acres within the Bozeman Gateway PUD. The property is zoned B-2. One of the lots, Lot 1, is a 2.97 acre lot that has an approved site plan for development of a 113-room hotel. The two abutting open space lots for the Lot 1 hotel, Lots OS-1 and OS-1A, must be improved with the development of the Lot 1 hotel. The other developable lot, Lot 2, is to remain undeveloped at this time. The third open space lot, OS- 1B, must be developed concurrently with Lot 2. Phase 5 is part of the Bozeman Gateway Planned Unit Development (PUD) Master Plan that consists of a 72-acre mixed-use development. This Phase 5 is the final phase of the Bozeman 16 Gateway development. It is located directly south and west of the Huffine Lane/Fallon Avenue intersection and north of Technology Boulevard West. Phase 1, 2, and 3 are currently being developed in accordance with the PUD. Phase 4 received preliminary plat approval on July 20, 2021. This Phase 5 land is undeveloped with a portion of the Baxter Borrow irrigation ditch and a portion of the Farmers’ Canal irrigation ditch. On February 9, 2023 the Development Review Committee (DRC) found that the final plat application meets the conditions of approval of the Preliminary Plat and is sufficient for consideration for approval. The final decision for this final plat must be made by within 60 working days of the date the application was deemed adequate for consideration for approval. Therefore, it must be reviewed by the City Commission by May 4, 2023. This Phase 5 Final Plat requires an Improvements Agreement (IA) and Financial Surety to install public streets, water, sanitary sewer and stormwater facilities and street lighting improvements for this subdivision. A financial surety in the form of a check in the amount of $1,622,137.47 was received from the Mitchell Development & Investments LLC. Therefore, based on the summary review provided below, the City Transportation and Engineering Department and Department of Community Development have reviewed the application against the conditions of the preliminary plat approval and, as a result, find that the Bozeman Gateway Phase 5 Major Subdivision Final Plat application may be approved by the City Commission. §76-3-611(1), MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and (b) the County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. All terms and conditions of the preliminary plat approval have been met. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. The signed Preliminary Plat Findings of Fact and Order (FOF) can be viewed at this link: https://weblink.bozeman.net/WebLink/DocView.aspx?id=254980&dbid=0&repo=BOZEM AN 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: February 24, 2023 Attachment: Link to Final Plat https://weblink.bozeman.net/WebLink/Browse.aspx?id=272896&dbid=0&repo=BOZEMAN 17 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding with Bozeman Sunrise Rotary for Glen Lake Rotary Park MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize City Manager to Sign a Memorandum of Understanding with Bozeman Sunrise Rotary for Glen Lake Rotary Park STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:The City of Bozeman (the City) and Bozeman Sunrise Rotary Club (BSRC) have had a long-standing partnership in the development of the Glen Lake Rotary Park Master Plan. This Memorandum of Understanding (MOU) formalizes the partnership and clarifies obligations of the City and BSRC. Project- specific MOU's may be necessary to outline funding partnerships for specific projects or other Projects not covered by this general MOU. UNRESOLVED ISSUES:NA. ALTERNATIVES:Per Commission FISCAL EFFECTS:NA. Attachments: Exhibit_A_2018-FWP-CoB_Management_Agreement- GLRP.pdf 2023_MOU_BSRC.docx ExhibitB_Resolution4812_EGRA-GLRP-ParkMasterPlan.pdf ExhibitC_Resolution5146_GLRP-ParkMasterPlanNarrative Report compiled on: January 26, 2023 18 19 20 21 22 23 24 25 Memorandum of Understanding between the City of Bozeman and the Bozeman Sunrise Rotary Club for Glen Lake Rotary Park This Memorandum of Understanding (the “MOU”) regarding Glen Lake Rotary Park (the “Park”) dated for reference purposes ________, ___, 2023 (“Effective Date”), is entered into between BOZEMAN SUNRISE ROTARY CLUB, a non-profit, social welfare organization, with a mailing address of PO Box 6523, Bozeman, MT 59771 (BSRC) and THE CITY OF BOZEMAN, a municipal corporation organized and existing under its Charter and the laws of the State of Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771 (the “City”). For the purposes of this MOU, BSRC and the City may individually be referred to as a “Party” and may collectively be referred to as the “Parties”. The MOU sets forth the mutual understanding of BSRC and the City with respect to general development and maintenance of the Park. BSRC and the City are working together with the common goal of building out the Park Master Plan adopted by the City Commission via Resolution 4812. WHEREAS,BSRC is part of an international community service organization (Rotary International) and is a nonprofit, social welfare organization as defined by the Internal Revenue Code section 501(c)(4). The Bozeman Sunrise Rotary Club, a spin-off of the Bozeman Noon Club, was chartered December 12, 1992. As one of its first projects to serve the community, club members officially adopted East Gallatin Recreation Area (now Glen Lake Rotary Park)(the “Park) and began participating in tasks that helped to clean-up its location, add infrastructure and people-friendly features, and work in conjunction with various, city, county and state agencies to provide beautification to the newly-created park.These projects have included: Restroom Concession Building,Public Beach and retaining wall, Volleyball Courts, handicapped fishing access, trail bridge, swimming dock, Centennial Pavilion, Picnic tables and shade structures, tree planting, property line fencing; and WHEREAS,the City’s current Management Agreement for the Park with Fish, Wildlife and Parks (FWP Management Agreement), dated December 19, 2018, (Exhibit A) acknowledges the City and Bozeman Sunrise Rotary Club have a partnership for developing the Park and facilities for public recreation and seek to continue this relationship into the future; and WHEREAS,the City Commission approved the Park Master Plan on October 16, 2017 via Resolution 4812 (Exhibit B) and a supporting narrative on February 24, 2020 via Resolution 5146 (Exhibit C); and WHEREAS,the City and BSRC intend to complete the Conceptual Master Plan through a collaborative public-private partnership. The purpose of this MOU is to describe and formalize goals, guidelines, rights and obligations of the City to develop the Park and to guide the parties in their collaborative efforts to successfully complete the Park; 26 2 WHEREAS,both Parties wish to maintain a collaborative and productive relationship to complete the Master Plan for the Park, and because of this, both agree that it would be useful to memorialize their respective roles and responsibilities. NOW,THEREFORE,in ordertodefinetherights,obligationsandrelationshipsoftheParties toward each other and toward third-parties in carrying out the purposes of this MOU and to provide for development of the Park, BSRC and the City agree as follows: AGREEMENT A.Term/Effective Date. This Agreement is effective upon the Effective Date and will expire on the __31st___ day of _December__, 2026, unless earlier terminated in accordance with this Agreement. B.General Responsibilities. For the benefit of the Park, the BSRC will assist the City with: 1. Achieving the goals set forth in the Park Master Plan; 2. Coordinating with the City to resolve maintenance issues; 3. Coordinating with the City on applications for State, Federal, and private party or foundation grants for improvements to the Park; 4. Ensuring the Park Master Plan is up to date and current; 5. BSRC will abide by the process and requirements for improvements as laid out in the Conceptual Park Master Plan, approved by the City on October 16, 2017, and the State of Montana Fish, Wildlife and Parks lease agreement with the City dated, December 19, 2018; 6. BSRC shall request, through City staff, reservations for special events that BSRC will hold at the park, such as: Kids’ Fishing Day, Park Clean-up Day, Annual Picnic, or other special events. The BSRC, its guests, volunteers, and contractors shall abide by all rules of decorum as well as the City’s operational rules and regulations when in the Park; and 7. BSRC shall inform FWP, through or in conjunction with the City, of any proposed construction, improvements, or alterations to the site, structures or appurtenances in accordance with the FWP Management Agreement. The City of Bozeman Parks and Recreation Department shall: 27 3 1. Provide capital improvement funding for the major projects laid out in the approved Park Conceptual Master Plan. Sources for that funding and scheduling are at the Parks and Recreation Director’s discretion; 2. The City shall keep the BSRC Park Committee informed on the status of proposed improvements, funding requirements, and schedule; 3. Provide oversight and management on the proposed BSRC improvements and maintenance at the Park; 4. Maintain timely communication with BSRC for all matters concerning the Park; 5. Inform BSRC of any relevant staff review of plans, permits, and inspections necessary to install approved Park improvements; 6. Provide oversight, advice, and expertise to BSRC when revisions to the Conceptual Park Master Plan are required; 7. Assist with cost review and maintenance impacts of BSRC capital improvement grant applications; 8. Review BSRC’s proposed maintenance projects; 9. Maintain all improvements at the Park in accordance with the FWP Maintenance Agreement and City maintenance standards; 10. When possible and within budget constraints, the City may assist with the purchase of materials to install and maintain park improvements, facilitate project generated trash removal, and coordinate any irrigation adaptation or repair around approved improvements; and 11. The City will attend relevant meetings of the BSRC Park Committee to brief or advise the committee on upcoming park events, projects, policy/rules changes, or maintenance issues. C.Private Fundraising. BSRC may raise funds for specific projects under the Conceptual Master Plan when those projects are approved by the Director of Parks and Recreation. D.Grants and Miscellaneous City Funding. The City will make all reasonable efforts to support the project, including being the applicant for grants that require a governmental applicant and supporting grant applications submitted by BSRC, as deemed appropriate by the DirectororCityManager. TheCitywill alsocontributereasonableStaff resourcesandidentify other City funds as they become available and are prioritized for this project. BSRC will prepare grant applications with collaboration from the City. 28 4 E.Budget and Project Management. As needed, separate MOUs or Professional Service Agreementsto describeduties andfundingcommitments forindividual projectswill becreated according to availability of staff and expertise within BSRC and funding available. The Directors of Parks and Recreation and/or Community Development Director are the ultimate review authorities for City of Bozeman park projects. F.Construction Management. The Parties intend that the City or a selected engineering firm, will manageandcontract forallphasesofProject development andconstruction, in accordance with the approved plans. G.Ownership of Improvements. Unless determined otherwise through a separate project- specificMOU, all improvements and appurtenances installed in thePark areowned bythe City and subject to the terms of the FWP Management Agreement. H.Signage. Following completion of the Project, in addition to any signage installed by the City and in accordance with the City’s Naming Policy, a permanent sign acknowledging BSRC and/or other donating entities may be installed at BSRC’s expense in a location mutually acceptable to the City and BSRC. BSRC and the City may create a mutually acceptable donor recognition plan to guide acknowledgement of donors to any project. All signs erected or posted shall conform to Citysign permit requirements. BSRC has throughprior improvements established individual donor recognition. Subsequent to completion of earlier improvement projects at the Park,BSRC has established a contributor naming policy. I.Press Releases, Publicity and Events. BSRC shall provide the City with advance notice of significant publicity events relating to the fundraising efforts, and an opportunity for participation. It is not anticipated that the City will be involved in the planning or execution of such events, nor is it anticipated that a representative of the City need attend any or all of such events. To facilitate its fundraising efforts in connection with the Project, BSRC may issue press releases, hold promotional events and/or take other steps to raise public awareness regarding the Project. Point of contact for press releases shall be the Director of Parks and Recreation or their designated representative. J.Miscellaneous. Notices. Notices to the Parties shall be directed as follows: If to the City: The City of Bozeman City Hall 121 North Rouse Bozeman, Montana 59771-1230 Attention: Addi Jadin 29 5 E-mail: ajadin@bozeman.net If to BSRC: Bozeman Sunrise Rotary Club PO Box 6253 Bozeman, Montana 59771 Attention: Bob Farrington and Joe Souther Email: bobfarrington233@gmail.com; southerjt@gmail.com 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. L.Governing Law; Venue. This MOU shall be governed by the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. M.Modification and Assignability. This MOU may not be enlarged, modified or altered except by written agreement signed by both parties hereto. N.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. O.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. P.Entire Agreement; Amendment; Assignment. This MOU sets forth the entire understanding of the Parties with respect to development of the Park 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 MOU can be modified, if agreed by both Parties, to address developments in the Park. BSRC may not assign its rights or obligations under this Agreement without the prior written consent of the City. Project specific MOUs do not supersede this general MOU. Q.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. R.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 30 6 interpretation. S.No Partnership or Agency. Neither Party shall be considered a partner or 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 Park is a public-private collaboration between two separate and independent entities The joint effort being formed by the City and BSRC is not a separate legal entity and neither BSRC nor the City shall have the right to bind the other Party vis a vis any third party. The purpose of the collaboration is to achieve the Parties’ common goals as stated in the Recitals above. While BSRC and the City may cooperate in the creation of other pathways or other projects in the future, the parties acknowledge and agree that the Park is unique and the terms of this MOU shall not create a binding precedent with respect to any future projects. T.Nondiscrimination. 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. U.Compliance with Laws and City Policies. 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. V.Approval. No Park project may be commenced without prior City approval. W.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 31 7 term or condition or to pursue any available legal or equitable rights in the event of any subsequent default or breach. X.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 shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. Y.No Third-Party Beneficiary.The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. Z.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. AA. Consent to Electronic Signature.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. 32 8 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. THE CITY OF BOZEMAN BOZEMAN SUNRISE ROTARY CLUB BY: __________________________BY: ____________________ Jeff Mihelich Robb Miller TITLE: City Manager TITLE: President DATE:________________________DATE: _______________________ Approved as to form: BY:___________________________DATE: ____________________ Greg Sullivan, City Attorney City of Bozeman 33 9 EXHIBIT A FWP Management Agreement 34 10 EXHIBIT B Resolution 4812 Conceptual Park Master Plan 35 11 EXHIBIT C: Resolution 5146 Park Master Plan Narrative 36 Bo2 3 __ q r - 88 COMMISSION RESOLUTION NO. 4812 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE MASTER PLAN FOR EAST GALLATIN RECREATION AREA WHEREAS, the Bozeman Municipal Code Section 26.02.220 states, "the Commission shall authorize any conceptual changes,new development, or redevelopment aspects of changes in all city parks proposed by the staff," and WHEREAS, Section 1.8.2 of the Parks, Recreation, Open Space and Trails FROST) Plan delineates a process for preparing and amending park master plans; and WHEREAS, the PROST Plan states, "the Parks Division will prepare a resolution formally adopting the new or amended park master plan and schedule the item for City Commission's Consent Agenda;" and WHEREAS, the process for preparing the East Gallatin Recreation Area Master Plan included a public input process and was reviewed by the Recreation and Parks Advisory Board as called for in the FROST Plan; and WHEREAS, the Recreation and Parks Advisory Board unanimously recommended approval of the East Gallatin Recreation Area Master Plan at their regular meeting of April 13, 2017; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana,that: 37 Section 1 Authority. The East Gallatin Recreation Area Master Plan ("Exhibit A") is hereby adopted, in accordance with Section 1.8.2 of the Parks, Recreation, Open Space and Trails PROST) Plan and Section 26.02.220 of the Bozeman Municipal Code. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 16t" day of October, 2017. Qv,, CARSON TAYLOR Mayor ATTEST: pF B 2, ROW CROUGH City Clerk 1883 9TI1Y CO.APP OVED A TO FORM: Gftd-SAJLL1rVAN City Attorney 38 W o'lJ O M Y s U o s l o p u o s•M M/. T JdDNW SM3Y&AOXdW!'DKwgvdklvom 553mv O3SOd0}!dCt121`d a1S @@@VM/.lHOW NWi?208 "f O NOS213ClNVS t ntxur iiumnu f g, ALL DRAZ,\ r'.•-ram"= af r,„y 1.- a- f e k}x n v w i k l 7 g l r 39 S tee—'— _•f- 't fi y N t lw it 0 udj31zW M L- r aim off w oF- J • ir OQ CL LLI z 3 m i 40 COMMISSION RESOLUTION NO. 5146 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE NARRATIVE OF THE MASTER PLAN FOR GLEN LAKE ROTARY PARK(FORMERLY EAST GALLATIN RECREATION AREA) WHEREAS, the Bozeman Municipal Code Section 26.02.220 states, "the Commission shall authorize any conceptual changes,new development,or redevelopment aspects of changes in all city parks proposed by the staff;" and WHEREAS, Section 1.8.2 of the Parks, Recreation, Open Space and Trails PROST) Plan delineates a process for preparing and amending park master plans; and WHEREAS, the PROST Plan states, "the Parks Division will prepare a resolution formally adopting the new or amended park master plan and schedule the item for City Commission's Consent Agenda;" and WHEREAS, the process for preparing the East Gallatin Recreation Area Master Plan included a public input process and was reviewed by the Recreation and Parks Advisory Board as called for in the PROST Plan; and WHEREAS, the Recreation and Parks Advisory Board unanimously recommended approval of the East Gallatin Recreation Area Master Plan at their regular meeting of April 13, 2017; and WHEREAS, the City Commission unanimously recommended approval of Resolution 4812 adopting the East Gallatin Recreation Area Master Plan at their meeting on October 16,2017; and 41 WHEREAS, the East Gallatin Recreation Area has been renamed Glen Lake Rotary Park; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana,that: Section 1 Authority. The Narrative for the Glen Lake Rotary Park Master Plan ("Exhibit A") is hereby adopted, in accordance with Section 1.8.2 of the Parks, Recreation, Open Space and Trails (FROST) Plan and Section 26.02.220 of the Bozeman Municipal Code. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,Montana, at a regular session thereof held on the 24th day of February 2020. v HRIS MEHL Mayor pF B(:) ATTEST: t"" .•• • '•, r MIKE MAAS y. City Clerk 1883 .•Se• APPROVED S TO FORM: 61 GREG SULLIVAN City Attorney 42 Resolution 5146 - Exhibit A Mea Lake Pn-o(dy Vow,-)N (((,-A--:,FIV)) Formerly East Gallatin Recreation Area (EGRA) Buie n UPI o kq o f ltal n CO\\ACEPc-FUAL Park Master Plan (CPMP) Ver. 2.4 January 2020 Prepared for: City of Bozeman By: Bozeman Sunrise Rotary Club January 2020 1 43 Table of Contents Cover Page 1 Table of Contents 2-4 Executive Summary 5-7 Introduction 7-8 Description, Development & Ownership Figure 1. GLRP Borders, Surrounding Properties & Access Map 9 Access & Surroundings 9-10 History 10-11 Glen Hash & Montana Fish Wildlife & Parks East Gallatin Recreation Task Force Bozeman Sunrise Rotary Club Gallatin Valley Land Trust Goals 11-13 Engage citizens in their community Improve Public Health Help children learn Create safer neighborhoods Revitalize community Develop the economy Create a green infrastructure Provide arts and cultural programs Promote tourism Implement smart growth CPMP Purpose 13-14 Figure 2. Bridger Vale Condominiums & Park Entrance 14 Figure 3. Artist Depiction Bridger Vale 15 Expand, protect, and enhance GLRP and Neighboring Areas 15-18 Project #1 Road Parking and Trails 15 Project #2 Second GLRP Entrance 16 Project #3 Rotary Centennial Pavilion 16 Project #4 Convert Ditch to Stream 16 2 44 Project #5 Kid's Learning Playground 16-17 Figure 4. Kid's Learning Playground Artist Rendering 17 Figure 5. GLRP with Proposed Projects 18 Present Conditions and Needs 18-19 Surrounding Land Uses 19-20 North Northeast East Southeast South Southwest and West Northwest Existing Recreational Facilities 20-24 Parking Areas Restrooms and Concession Building Picnic Shelters Pavilion Volleyball Courts Horseshoe Pits Beach Trail System Trails Figure 6 Trail System Overlay on GLRP and Surroundings Map 22 Trai(heads Bridges Benches Kiosks Totems and Posts Park Usage Recommended Improvements 24-27 Signage Security Paved Roads, Parking and New Entrance 3 45 Kid's Learning Playground Landscaping Second Park Entrance Pavilion and Benches Additional Volleyball Courts Watercraft Staging Area Solid Waste Dog policy ADA Access Year-round Recreational Venue Maintenance 27-29 Trail System and Bicycle-Pedestrian Accessibility New Trails Sidewalks & Shared Use Bike Lanes Nordic Skiing Fat-tire Biking Land Management Reclamation Noxious Weeds Wildlife Habitat Acquisitions & Expansion Moche Property Portion of Ebbighousen Property Hillman Property Conclusion 29-30 4 46 Executive Summary: Through steady, persistent, visionary community efforts, over the last 28 years, the Bozeman Sunrise Rotary Club (BSRC) has spearheaded, with help from many state, local, public and private volunteers and officials, conversion of a gravel pit, town dump, and adjacent donated lands, into the City of Bozeman's most visited, multi-use recreational park; Glen Lake Rotary Park (GLRP). This plan describes major and minor projects for improvement of GLRP, over the next ten years. The first project leverages an approved and planned Townhome development north of the Park to gain an 820-foot long, paved, divided, boulevard entrance to the park on the north end. Project #1 is to design and build additional paved parking, connecting roads, and multi-use paths through the Park, which will connect to Project #2, a new South entrance to GLRP. Project #2 is a new paved entrance to GLRP around the southern end of Glen Lake. This will be a combination public and private road complex collaboratively designed by NorthWestern Energy, the City of Bozeman and BSRC. In 2020 Rotary in Bozeman will celebrate its 100-year Anniversary. Bozeman's first Rotary Club, chartered in 1920, spun off the Sunrise Rotary Club in 1992. The Rotary Clubs of Bozeman are building a Rotary Centennial Pavilion at GLRP in commemoration. The Rotary Centennial Pavilion is Project #3. BSRC, with assistance from the City of Bozeman Parks and Recreation Department requested EGRA to be renamed Glen Lake Rotary Park. The name change was approved and became official in January 2019. The name change and the Centennial Pavilion will highlight the Bozeman Rotary Clubs' service to the people of Bozeman over the last 100 years. In recent years, BSRC has gained an invaluable partner, the Gallatin Valley Land Trust (GVLT). GVLT helped integrate this Park into an extensive, constantly growing, trails system and has contributed to this master plan. BSRC is excited to gain the support and guidance of the Montana Outdoor Science School (MOSS) in development of the meandering stream conversion and Kid's Learning Playground projects #4. and #5. below. BSRC is also seeking guidance on the stream conversion and East Gallatin River access from Montana Fish Wildlife and Parks and Trout Unlimited In 2007, the City of Bozeman published a Parks Recreation Open Space and Trails (PROST) plan. This GLRP CPMP incorporates guiding tenets of the City of Bozeman's PROST plan. The GLRP Conceptual Park Master Plan, with City of Bozeman guidance, will steer improvements and projects envisioned for the GLRP to 5 47 increase access to recreational facilities in and around the whole north part of Bozeman and as a complementary Park to the Story Mill Park. The current GLRP entry road runs through a privately owned 6.5-acre parcel. The owner is developing this property, building 19 residential and one commercial condominium on 4 acres of the parcel. The developer has City approval for annexation of this parcel into the City of Bozeman. This Townhome and Commercial development presents benefits to all concerned parties. The City of Bozeman gets a new entrance and paved road plus two additional acres, donated by the developer, which will be added to the Park. Design of projects #1 and #2 below will capitalize on this development to create a paved entry, additional paved parking, improved traffic flow and signage as well as an integrated, comprehensive, end-to-end storm water runoff system for the entire GLRP, while enabling GLRP to become a year- round recreational venue. Paving the entry road and adding two more acres at the Park's entrance make several of the projects described below and in the GLRP CPMP easier and more affordable. This Executive Summary will describe major and minor projects, envisioned for GLRP, over the next ten years. Project # 1 improves the rest of the Road, Parking and Trails through GLRP. BSRC, with the help of the City of Bozeman, will plan, design, pave and line the rest of the road and parking as well as some multi-use paths in the Park. This project will facilitate an improved traffic flow pattern, improved storm water runoff, improved environmental impact mitigation, improved access to the watercraft staging area and lake and add more, better-placed parking as well as new and improved handicapped access to all of the Park's facilities Project #2 is a second Park entrance. For security, capacity, safety, traffic loading and ease-of-access reasons, a second entrance makes a lot of sense. An extension of Project #1 will be designing, planning and building a second entrance around the south end of Glen Lake. B5RC will work with Northwestern Energy, the City of Bozeman, and Mergentholer Transfer and Storage as beneficiaries and partners in the design and funding of this new entrance. Improving storm water runoff will be a significant design objective. 6 48 Project #3 is a Rotary Centennial Pavilion. This project will be on the southern end of the Park and adjacent to the east side of Glen Lake. It will be an integral part of the Kid's Playground, Project #5. Project #4 is conversion of a channelized ditch, near the existing Park entrance, into a meandering stream accented with appropriate landscaping and integrated with existing Park landscaping and that of the adjacent Sunfish and Bridger Vale developments. This stream will go through the 2.5 acres, donated by the developer. It will flow from Glen Lake to the East Gallatin River and will be designed to enhance Glen Lake's connection to the East Gallatin River as a spawning venue and as a community fishery. Project #5 is a Kid's Learning interactive, playground, stream, and beach. This playground will incorporate a "Mountain and Mountain Stream" which flows from the "Mountain" top, over a series of falls, through a "Meadow" to the beach and into a fishery; Glen Lake. This project will make use of the existing pavilion, the Rotary Centennial Pavilion Project #3 and will add other shelters to enhance family and group uses. The City of Bozeman is growing rapidly. BSRC, Bozeman Noon Rotary Club, GVLT, MOSS, City of Bozeman planners, residential and commercial neighbors of the Park, and many other concerned community members realize the need to look far ahead in planning well integrated, low cost, and creative out-of-doors recreational venues and facilities to serve this rapidly growing urban population. The GLRP CPMP, uses the City of Bozeman's PROST Plan, to leverage the type of growth and development in and around the Park to smartly steer evolution of Glen Lake Rotary Park Introduction: Glen Lake Rotary Park (GLRP) is a public use City Park in Bozeman, Montana; part of which is leased to the City of Bozeman by Montana Fish Wildlife and Parks (MT FWP). A 36 year history of cooperative development involved MT FWP, the East Gallatin Recreation Area Task Force, the City of Bozeman, the Montana Legislature, the Gallatin Valley Land Trust (GVLT) trails program and, to a significant extent, over the last two+ decades, the Bozeman Sunrise Rotary Club BSRC). 49 The 83 acre GLRP Park is located on the north side of Bozeman, Montana, and is comprised of three City-annexed parcels of 30 acres, 47 acres and 6 acres: The 30 acre parcel designated as GL-2, which is presently owned by the State of Montana, is leased to the City of Bozeman for 50 years. It encompasses Glen Lake plus existing park facilities, trails, roads, parking and a developed lawn with irrigation, and numerous trails. Bordering Manley Road, it includes Glen Lake and a variety of recreational facilities. It has graded gravel-parking areas, which are rough, dusty, and are now too small for the demands of heavily used GLRP. All parties are interested in transferring this parcel from FWP to the City of Bozeman and BSRC has taken the initiative to seek support for the transfer in the Montana Legislature. Meanwhile, the City of Bozeman secured a 50-year lease of this property from MT FWP. A 47-acre parcel designated GL-1 and a 6 acre parcel designated GL-3 are owned and operated by the City of Bozeman. These parcels are bordered on the East by the East Gallatin River. Part is a forested portion of the East Gallatin River floodplain with over one half mile of River frontage, sometimes on both sides of the river. On the west side of the river, the land is primarily open-fields overlying a capped City of Bozeman landfill (Closed in 1953). Several acres, at the southern end of these fields, are being used as part of the City's lower storage yards. On the east side of the river the land is primarily dense riparian vegetation. The northern portion of this parcel is a narrow, irregularly shaped piece of land following the East Gallatin River. Lying primarily on the west side of the river, this section includes dense riparian vegetation and a field, bordered by residential properties to the west and by Bridger Creek Golf Course to the east and north. It currently has no public access and can be reached only by foot. It has no developed recreational facilities. These 47 and 6 acre parcels include an extensive trail network and, at the north end of North Rouse Avenue, a small trailhead parking area. The City of Bozeman manages and maintains the Park and facilities. See Figure 1 8 50 JV ry I O 114'fZ 5i u re 1 - EGRA Locationg _ and Pa cel 1nformatiGn-w,,_ i`lf- Ica<ia ci r V7 EGRA EGRA Access State Road Parcel IJI 6.2a EGRA PI City EGRA Parcel Y1i1ZTJ_`; i3uylan RSG State 47.0 a Parcel 29.8 a IL 1 r 0 Buffilo.Trl IIfpg Idcurdaville I n r WGrlllin•Dr a—F,Gritht Dr I Gr fffin Dif 1 Figure 1. GLRP Parcels (in dark blue), Surrounding Properties and Access: Manley Road runs along the western border of GLRP. The City of Bozeman is planning significant improvements to Manley Road including widening, turn lanes, bike lanes and a stop light at Griffin Road. Also on the western border is MAP Brewing Co. and their paved parking lots. To the west of Manly Road are a growing number of commercial businesses. To the immediate north is Sunfish Park (aka Turtle Way) Subdivision, a City of Bozeman residential cul-de-sac, with 5 homes. The Park is accessed at the northwest corner from Manley Road via an 820- foot gravel entry road, which enjoys a public right-of-way easement through a private 6.5-acre parcel. The Park entrance road intersects Manley Road just north of the Sunfish Park Subdivision. Immediately adjacent to the east side of Manley Road is an irrigation ditch that defines the eastern border between the Sunfish Park Subdivision and the 9 51 privately owned 6.5-acre parcel. This ditch drains water from Glen Lake and flows into the East Gallatin River. The Park entrance road goes over this ditch. Also on the northern Park border are large, county-zoned residential lots and the East Gallatin River. To the northeast and east are Bridger Creek Golf Course and City of Bozeman residential developments. The remainder of the park perimeter, to the southeast, south, and west, is comprised of commercial and industrial parcels including equipment and material yards, commercial offices, and MAP Brewing Co. (on the south and western shore of Glen Lake). Along the eastern border of the park is the old City of Bozeman landfill Closed in 1953) that has a soil cap. Before the cap, the land was home to a thick covering of knopweed and tansy. To the southeast is a City of Bozeman maintenance yard and to the south are Mergenthaler Transfer & Storage and NorthWestern Energy; both are commercial enterprises with large, heavy- equipment yards. History: Glen Lake Rotary Park (GLRP) is located north of Griffin Drive and east of Manley Road. The late Glen Hash, a long-time Gallatin County resident, and founder of Bozeman Sand and Gravel, sold and donated the 30-acre GL-1 Glen Lake parcel to the Montana Department of Fish, Wildlife & Parks (MT FWP) with the intent of developing the gravel pit, into a park. The Bozeman Sand and Gravel Pit is now Glen Lake and is fed from the south by natural springs. Glen Lake feeds a small spillway ditch that delineates the border between the Park and the Sunfish Subdivision and flows north to the East Gallatin River. GLRP was initially adopted by a small group of volunteers who formed the East Gallatin Recreation Task Force and was given a Take Pride in America award by President Reagan. This group facilitated a landfill cap on the old Bozeman landfill, a pavilion, and the first entryway. These were made possible by several generous contributions like donated topsoil from Bozeman Deaconess Hospital, grants and in-kind and donated labor; fill and topsoil were hauled by Montana Ready Mix. Tom Pick obtained a grant from the Soil Conservation Service and the Task Force garnered help from local legislators, of that era, to make the landfill cap possible. Several Task Force members were also members of the Bozeman Noon Rotary Club and became charter members of the Bozeman Sunrise Rotary Club, which subsequently adopted, as its Flagship Community Service project, 10 52 development of Glen Lake Rotary Park (GLRP). BSRC has since developed a partnership with Gallatin Valley Land Trust (GVLT). GVLT's focus has been on developing and maintaining an extensive, well connected, trails system, several of which traverse the old landfill cap. Building on the GLRP Task Force's achievements, the Bozeman Sunrise Rotary Club (BSRC), with the City of Bozeman and many partners and contributors, made numerous improvements to the park over the last two and a half decades, including; 3 small picnic shelters; a pavilion, a 400 foot long beach with retaining wall; as well as a 1,482 square foot restroom and concession building with city water and sewer, flush toilets, water fountains, an outside shower, and changing and storage rooms. The building is designed to accommodate a concession stand and kitchen. Other additions include a 5,000 square foot patio, picnic tables, shades and several docks around Glen Lake. It is a goal to add more docks, pavilions, multi-use trails and a natural play area; while making all facilities ADA compliant. GVLT, NorthWestern Energy and BSRC facilitated planning and placement of a climbing rock and a local Boy Scout Troop designed raptor, nesting platform. There have been considerable landscaping and irrigation improvements to the original watering system. Gallatin Valley Land Trust (GVLT) has worked, in partnership with the Bozeman Sunrise Rotary Club (BSRC) and the City of Bozeman Parks Department, to develop an extensive trail system throughout the park, with connecting trails outside the park boundaries. GVLT also developed the North Rouse trailhead parking area, and installed a large steel-span bridge over the East Gallatin River, as well as a number of trail information kiosks and benches along the trails. BSRC the City of Bozeman and GVLT share goals of making the GLRP and environs more bicycle accessible. Goals: The evolution of the East Gallatin Recreation Area, from an old city dump and private gravel pit, to Glen Lake Rotary Park, has been a truly remarkable story of perseverance, compromise, creativity and community involvement. It is a great Park today. However, rapid growth, urbanization and inf ill necessitate a plan for improvement, addition, and acquisition of property and access rights to ensure the Park keeps pace with and enhances commercial and residential growth along Manley, N. Rouse, and Griffin. Access to the Park will be greatly improved by adding a new Southern entrance and paving it all the way through to the north entrance. This will allow larger and better-placed parking, multi-use trails and improved traffic flow, and 11 53 better access to the southern end of the park. It will also facilitate a safe multi- use trail from GLRP to Story Mill Park and the M. Additionally, an integrated and comprehensive storm water runoff plan will be incorporated in the design, engineering and construction of the entrances, parking and road. Finally, paving of the Road, Parking and Trails will convert the Park to a year-round recreational venue. GLRP's primary feature is Glen Lake, which is colloquially referred to as Bozeman Beach". Part of the Road Parking and Trails project will be an effort to create a watercraft staging area to allow kayaks, paddle boards, rafts and small non-motorized boats easy access to Glen Lake. Most of the Park's features are amenable to adults, teens and adolescents. However, few of the Park's features are designed for toddlers and younger children. The Park is in need of a playground and beach designed for kids of all ages and abilities. Along with the playground and beach, additional pavilions are planned throughout the Park. The concepts, projects, and proposed acquisitions, described in this conceptual plan, reflect guiding tenets of the Bozeman Parks Recreation Open Space and Trails (PROST) Plan dated 2007: Engaging Citizens in Their Community Create a sense of community. Provide places for people to connect and interact in a shared environment. Channel positive community participation by getting diverse people to work together toward a shared vision. Improving Public Health Provide people with contact with nature, known to confer certain health benefits and enhance well-being. Engage children in health-promoting physical activity. Increase fitness and reduce obesity by providing physical activity opportunities. Mitigate climate, air, and water pollution impacts on public health. Helping Children Learn Offer children the daily benefits of direct experience with nature— including access: to the use and dynamics of water, native plants, soil and sand, rock and wood providing the motivation to explore, discover, and learn about their world. 12 54 Offer children a sense of place, self-identity, and belonging as an antidote to social alienation, vandalism, and violence. Engage children in informal, experiential learning through passive and directed play and shared experiences with peers, laying the foundation for effective formal education. Creating Safer Neighborhoods Provide access to nature adjacent to residential area to relieve stress, reducing aggression. Offer gathering places where neighbors form social ties that produce stronger, safer neighborhoods. Revitalizing Community Revive distressed areas by creating central walking, resting, and meeting places. Attract investment through revitalization, including park and recreation improvements. Developing the Economy Increase property value. Increase municipal revenue. Attract and retain affluent retirees. Attract knowledge workers and talent. Encourage homeownership. Creating a Green Infrastructure Preserve essential ecological functions and protect biodiversity Shape urban form and buffer incompatible uses with a system of green infrastructure. Reduce public costs for built infrastructure for stormwater management, flood control, and transportation. Providing for Arts and Cultural Programs Provide venues for artistic events and activities. Provide settings for in-depth and long-term partnerships between communities and artists. Develop or revitalize parks through arts and cultural activities. Develop new audiences for arts and cultural programs and arts organizations. Promoting Tourism Provide sites for special events and festivals that attract tourists. Provide sites for sports tournaments, which can be major sources of tourism and economic benefits, especially for smaller cities. 13 55 Implementing Smart Growth Enhance mixed development and redevelopment strategies by offsetting higher density developments with accessibility to green space. Strengthen the urban core and protect the fringe from overdevelopment by creating green space. CPMP Purpose: Glen Lake Rotary Park (GLRP) has become one of the most used parks in and around the City of Bozeman. To accommodate the growth and meet City of Bozeman inf ill goals, Bozeman Sunrise Rotary Club (BSRC) and Gallatin Valley Land Trust (GVLT) wish to propose a multi-year plan to leverage this growth in order to expand, improve, protect, and enhance GLRP as well as increase low-cost access for all to GLRP and surrounding recreational venues and trails. The projects proposed in this plan will benefit adjacent commercial and residential properties and users. The current Park entrance is a dirt and gravel right-of-way access through a privately owned 6.5-acre parcel. The owner purchased this property intending to develop it as a mixed residential and commercial project. The developer, Mr. Andy Ebbighausen, is building residential condominiums and one commercial lot on a portion of his 6.5 acres and has pledged to donate approximately 2 acres to the Park plus the necessary public right-of-way, paving, and landscaping to replace the present gravel entry road with an appropriately designed and engineered paved Park/Development entry way. The City approved development will be cited with consideration of the Bridger Mountains view from the park and the Sunfish development. 14 56 DIA r L `fit 1 Ex1 Figure 2. Proposed Commercial/Residential Development and new GLRP Park Entrance and Stream The developer has won approval for this project to be incorporated into the City of Bozeman and has named it Bridger Vale Townhome Development. Figure 3. below depicts an Artist Rendering of the Bridger Vale Townhome Development. 15 57 I y I I, din 1 NHIU(itll ott Figure 3. - Proposed Bridger Vale Townhome Development Building on the proposed Bridger Vale Townhome Development, B5RC and GVLT are proposing five major and a number of minor projects. The locations and a generalized concept sketch of these projects are indicated on Figure 5. below. In no particular order, the projects are: Project #1. Road, Parking and Trails. Pave and line GLRP Park Road/Parking, Add/Improve Handicap Access and Multi-User Paths and Parking Spots. Design, pave and line the GLRP road, add handicap and multi-use paths and parking spots to improve flow, add parking, enhance utility and comfort, increase safety, and connect aesthetically with the paved north entrance road. Incorporate multi- use trail and bicycle facilities, as appropriate. Incorporate improved road, parking, speed limit and Park signage. With multi-use trails and paths, improve handicap access to all Park facilities. Use the road and the large vehicle parking area to create easy access to Glen Lake, via a watercraft staging area, for non-motorized boats, boards and other recreational devices. Design a comprehensive storm water runoff system for the Park. 16 58 Project #2. Second GLRP Entrance. With NorthWestern Energy, the City of Bozeman and BSRC, design and build a new road and end-to-end Park storm-water system, around the south end and east side of Glen Lake that connects to Manley Road. This new road would be a second entrance/exit to GLRP thereby improving circulation and emergency access, while incorporating multi-user trails, bicycle facilities, handicap access paths and parking. Project #3. Rotary Centennial Pavilion. In coordination with the Bozeman Noon Rotary Club, BSRC is assisting in the design and construction of a public use, covered, 2,000 square foot pavilion that facilitates rentable space with picnic tables and benches. The pavilion will also provide a forum for outdoor classroom space for the adjacent Kids Learning Playground as well as a small entertainment space. The area would also allow for a "Rotary Grove" of trees that could be expanded over a period of time as well as provide a display area, with graphics, showing Rotary's improvement and civic projects for the City of Bozeman and Gallatin Valley. This project will become an integral part of the kid's playground, Project #5, and will serve as an introductory element to Glen Lake Rotary Park via the new South Entrance. It will incorporate Rotary symbols and principles in the design features. This project will serve to mark 100 years of Rotary serving the Bozeman community in summer 2020. Project #4 Convert Channelized Ditch to a Stream. Renovate the Glen Lake drainage ditch to make it a meandering stream with riparian accents and habitat. As much as possible convert the ditch to a spawning stream connected to the East Gallatin River. Landscape the donated 2-acre addition to the Park entrance with trees, lawn, riparian accents and trails. Project #5. Kid's Learning Playground and Beach. In cooperation with MOSS Montana Outdoor Science School) as well as with City of Bozeman maintenance staff, design and build, an interactive, learning playground and 300 linear feet of new beach that will be suitable for toddlers, adolescents and teens and accessible by those with physical limitations. The playground stream and beach will have several different hands (and feet)-on natural elements. These elements will consist of challenging, interactive structures, which will incorporate physics and science principles into learning devices and landscaping. There will be contoured landscaping, hills, rocks, waterfalls and a stream; all designed to facilitate participative learning. The playground elements and 17 59 landscaping will be designed to mitigate maintenance, incorporate local natural environmental elements and provide an aesthetic transition from natural to manicured park aspects. The focus is on kids, of all abilities, learning while playing on natural elements, learning about streams, water and fisheries, out-of-doors, in environments such as a mountain stream, a grove of trees, rocks and logs, and meadow grasses and wild flowers. All elements of this learning playground shall be adapted to both comply with a city accepted playground inspection criteria/policy while preserving the learning experience. The Playground will make use of an existing pavilion, and the new Rotary Centennial Pavilion as well as adding several other pavilions that will allow family and group gatherings in and around the playground. fir g,a^+r1.+µ.i7.v.1•..<„,,,. The Learning Playground at EAST GALLATIN RECREATION AREA Figure 4. Kid's Learning Playground artist rendering. 18 60 Figure 5 shows the location and depictions of the above 5 GLRP Projects Proposedl3ridg¢r,I - Vale P^+Tovmhom sNev r= i ntry Road.y. - Witt enter I Bout and L Ix Paved Park r l Road and x r•"1-` Parking Lots t y r`znnn Energy Figur. -'EC,RA Pr.i Ct Overview too h:ergenlh,ler Figure 5. GLRP with proposed projects The purpose of this Conceptual Park Master Plan (CPMP) is to seek consensus, approval and support for the five projects above, from the City of Bozeman, as well as surrounding residents and business owners. Other proposed near and longer term improvements and additions are described in the following pages of the CPMP. Present Conditions and Needs: The park offers a wide variety of recreational and leisure options. Park users have unique access to a large body of water, Glen Lake, to fishing and a large family-friendly beach, volleyball courts, Picnic Pavilions/shelters, and a climbing rock. It is surrounded by varied properties and land uses which facilitate a range of opportunities and constraints for future park activities, improvements and expansion. 19 61 Visitors to the park enjoy vistas of the Bridger Mountain Range to the north and east, as well as distant views of the Gallatin, Madison, and Tobacco Root Ranges to the south and west. The GLRP Park has a number of low and no-cost features attractive to families, adults and teens, but lacks safe and accessible features suitable for toddlers and young adolescents. It is also in need of paving, more pavilions, multi-use paths and designs which make the Park's attractions accessible by individuals of all abilities. The Park also needs a watercraft staging area designed for easy access to the lake to deploy non-motorized watercraft and other water recreation boats and devices. Paved roads, parking and a multi-use path will enable year-round use of the Park. Surrounding Land Uses: North: There is a 6 acre finger of the park that juts to the north along the East Gallatin River. The East Gallatin River cuts through the eastern border of Glen Lake Rotary Park and offers a superb opportunity for fishing access to the river. B5RC is investigating the best way to enhance this access with the City of Bozeman, GVLT, Montana Fish Wildlife and Parks and Trout Unlimited. Northeast - The Park is bordered to the northeast by Bridger Creek Golf Course. The golf course and adjacent riparian woodlands contribute to the quiet and scenic nature of the trails in this area of the Park. In winter, an extensive network of Nordic Ski trails are groomed throughout the golf course, attracting a large number of skiers; a percentage of who ski onto the trail system within the Park. The Park's trails are also ideal for winter fat- tire biking. The above projects will help make the Park a year-round recreational destination. East - A trail spur runs directly east towards Boylan Drive in the Bridger Creek subdivision. The spur continues along the subdivision's southern edge to connect with Bozeman's Main Street to the Mountains trail system at Story Mill. South of this trail spur, and immediately east of the Park, is a privately owned, undeveloped 12-acre parcel that includes dense riparian vegetation, wetlands, a pond and an open field. The current owner has expressed a desire to develop the property, but has been unsuccessful due to limited access and other developmental obstacles. If this property could be added to the Park, acquisition would conserve this property's high quality wildlife habitat and could provide for expansion of the trail system. 20 62 Southeast - Commercial and industrial uses in the Bridger Center Subdivision border the Park to the southeast. A trail spur connects the Park's trail system to Commercial Drive. The East Gallatin River exits the Park at its northeast corner. Future development and redevelopment in the Bridger Center Subdivision could present an opportunity to extend the existing Commercial Drive trail spur along the river to connect with future bicycle-pedestrian facilities on Bridger Drive. South - Industrial uses and a City gravel storage yard exist on the southeast edge of the Park area, creating an unaesthetic and noisy setting for activities in this area of the Park. Screening vegetation and/or berms could improve public enjoyment of this area of the Park. Next to the river and east of these industrial uses, a small trailhead parking area, at the north end of N. Rouse Avenue, provides public access to the Park's trail system. These industrial properties, as well as a small trail park to the east, are accessed from Griffin Drive. Griffin Drive experiences a substantial volume of residential and commercial traffic but has no bicycle or pedestrian facilities or lanes. Bicycle and pedestrian facilities are absent from N. Rouse as well, presenting a significant barrier to non-motorized access to the Park. Southwest & West - The Park is bordered to the southwest and west by Manley Road, developing commercial properties, and an eclectic mix of commercial businesses in the Gallatin Park Subdivision. MAP Brewing Co. sits along Glen Lake's western bank, between Manley Road and GLRP. A trail through the Gallatin Park Subdivision connects the Park's trail system with the Cherry River Fishing Access, which is owned by the Montana Department of Fish, Wildlife & Parks. The Park's only vehicular entrance is a dirt road off of Manley Road. It is directly across from the Gallatin Park Subdivision. This entrance presents a safety challenge as the sole ingress/egress route for emergency response vehicles. No bicycle or pedestrian facilities currently exist on Manley Rd, though they are planned in 2020. The Manley Road widening project will greatly enhance pedestrian and bicycle access to the park and from the park to many points in the north Bozeman area. Northwest - Immediately north of Glen Lake is the Sunfish Park Subdivision, a small, five-lot residential subdivision within the City of Bozeman. North of these residential lots, the Park entrance road bisects a 21 63 6.5 acre parcel of privately owned property. Bridger Vale Townhome Development has begun construction there. North of this property, on the east side of Manley Road, are three Gallatin County residential properties. Existing Recreational Facilities: Parking Area - Accessible off Manley Road, the gravel parking areas, while initially pleasing and useful, are now insufficient, poorly designed and badly placed for the current and growing volume of GLRP users and Park additions. Because the driveway and parking areas are gravel, dust is always a concern during the hot summer months, and poor site drainage leaves pools of water in the middle of the parking lots and roads. Existing roads and parking are not designed for traffic flow or storm water runoff. An integrated end-to-end plan for storm water runoff is part of the engineering of the Road, Parking and Trails projects and other Park features. Additionally, an end-to-end effort will be undertaken to improve handicap parking and access to all GLRP Park features and venues. A redesign of the park's road, parking and trails will incorporate bicycle facilities and signage as well as improved access to a watercraft staging area and Glen Lake for non-motorized watercraft boats and other water recreation devices. Restrooms and Concession Building - In 2010, BSRC finished a 1,428 Square Foot permanent building that replaced two pit toilets with large, heated, men's and women's restrooms. This building also has changing rooms, storage rooms and a room suited as a kitchen or snack bar. Installation required connection to City of Bozeman sewer and water. Subsequently, BSRC added a 5,000 square foot paver patio that slopes down to the beach. In 2014 BSRC added a dock and concrete picnic tables as a part of the patio. In 2015 BSRC added poles for sunshade sails. It would be advantageous to have a direct, gravity-flow connection to the City of Bozeman sewer system in lieu of the current grinder and lift station system. Infrastructure improvements for the Bridger Vale Townhome Development may afford an opportunity to connect this building directly to the City of Bozeman sewer system, through the development. Picnic Shelters - There are three small picnic shelters constructed by BSRC. Pavilion - There is one large pavilion, constructed by the GLRP Task Force, between the south end of the parking lot and the lake. In 2016 BSRC re- 22 64 roofed and stained this pavilion. There is an expressed need for additional pavilions and picnic shelters in GLRP. Volleyball Courts - Two volleyball courts are located adjacent to the pavilion. Excavation of Project #5 Kid's Learning Playground and Beach may produce excess fill which will be used for berms around the volleyball courts which would serve as seating for spectators and to keep errant volleyballs near the courts. Two additional volleyball courts are planned for GLRP as a part of Project #2. Horseshoe Pits - Horseshoe pits are located south of the pavilion. Beach - The Park has approximately 400 linear feet of artificial sand beach. A retaining wall separates the grassy areas from the beach. This beach will be expanded by 300 linear feet with addition of Project #5 Kid's Learning Playground. The existing park beach will enjoy a widened green space buffer between the beach and the Road, Parking and Trails project planned as Project #1 . Design of a watercraft staging area is underway, with easy vehicular access to the staging area and lake as well as trailer parking for non-motorized boats and water recreation devices. Trails System: - The Park includes a network of approximately 3 miles of trails most of which were built in the late 1990s. Most trails are six-feet wide and surfaced with natural fines. Flooding in 2008 required extensive trail repair in the East Gallatin River flood plain, however, most years' spring flooding only requires relatively minor trail maintenance. City Parks and GVLT staff and volunteers cut brush once or twice a season to prevent the trails from becoming overgrown. The trails connect to the Cherry River Fishing Access to the west and to Bozeman's "Main Street to the Mountains" trail system to the east. Figure 6 below shows potential future trail corridors recommended in the City's Parks Recreation Open Space and Trails PROST) plan. 23 65 x ti h', t'S{ J l rzl• f ,,,.,y . 4t1'T r5 i;" r. Lk y. i Y, ti r•. Legend I 3 saa,a 1 1n law,-aFa ryrUnn flonda; F.WINTWL EG RA J1 Fxtsllg flka Rsu`.s I w:\ f rF"Y ,Y Fxlxtlml Shared V.Pnlh I I: - d.,• M' J,'3 r ' LtlJ:ti.a•1: Pmese•d Sharedthe Path Pmt TmIC Hdar t ly xa.l 1 I'7 '.' I Park xi:• g '{l :,i,,. A x. i. ' r' -LI'_F' t r'}rd ceaxenauen Laxamerd I:1]„33it41}. rL'.ir dA-I i ,..- i l w1,1 77ISO P k6$-T sF OW( eXisfing r sue, a-rii near EGRA. Figure 6. Proposed Trails near GLRP Trailheads - The Park's trails network can be accessed from the north and south ends of the main GLRP parking lot; the west side of the Manley/Gallatin Park intersection; the west end of the Boylan loop; the west end of Commercial Drive; and the north end of N Rouse Avenue. All trailheads are marked with directional signage maintained by GVLT. Constructed in 2005, the N. Rouse trailhead includes a small parking lot with capacity for approximately eight vehicles. This trailhead also provides access for launching small boats on the East Gallatin River. Bridges - The Park's trails network includes two bridges. A 70-foot steel bridge, installed in 2001, spans the East Gallatin River in the center of the trail network. A 60-foot long, 6-foot wide wooden bridge spans a wetland slough on the northeastern section of the trails network. Constructed in the late 1990s, this bridge is showing signs of distress and will need to be replaced within the next several years. 24 66 Benches - There are seven benches located along the trails system. All were funded through memorial donations and have memorial plaques on them. They are standard park system benches with metal frames and wooden seats that require oiling every several years. There are good locations for several more benches to be added to the trails network and throughout the Park. The Rotary Clubs of Bozeman plan on adding two new Rotary benches in the park as part of the Centennial celebration, 2020. Trail Information Kiosks - There are currently three trail information kiosks on the trails network. Two kiosks are located at the trailheads off the main parking lot and a third kiosk is located at the Boylan trailhead. The kiosk displays include detailed maps and trail etiquette and safety information. The kiosks and kiosk displays are created and maintained by GVLT. Additional trail information kiosks are needed at the N. Rouse trailhead and at the East Gallatin Bridge. Totems & Posts - The trails network has eight, 10"x10" "Main Street to the Mountains" trail totems with signage providing directional information. Additionally, there are eight, 4"x4" posts with additional signage prohibiting motorized use. Fishing Access - BSRC has built and renovated fishing docks around Glen Lake and will build additional docks in the future. Conversion of the ditch to a meandering stream, Project #4, will also enhance fishing access and fish habitat in the Park. BSRC is exploring the option of building a path and approved public fishing access to the East Gallatin River starting in the northeast corner of the Park, running the whole length of the Park on the eastern border. Park Usage: Park visitors are as varied as Gallatin Valley's residents. According to City Recreation Department statistics, the East Gallatin Recreation Area received approximately 16,000 user visits during a two-month period in the summer of 2005. The Park is increasingly used for Community sponsored events and general recreation during the winter months. 25 67 A summer afternoon or evening often plays host to volleyball games, barbecues, school or company picnics, fishing, rock climbing, sunbathing, swimming, boating, Dragonboat racing, or strolls around the lake. The trail system sees a steady stream of users, including hikers, runners, bikers, and families with children, fishermen accessing the East Gallatin River and birders. This section of the East Gallatin River sees minimal boating, due to its many sharp bends, frequent snags and powerful, potentially dangerous current. Because this is one of the more extensive wooded areas around Bozeman homeless encampments are illicitly constructed with some frequency. As the seasons change, so do recreational activities. East Gallatin Recreation Area is a wintertime favorite for ice-skating, and die-hard fishermen and women. Although the City presently doesn't control ice access or monitor ice thickness or safety, Glen Lake is well-used in the winter by skaters and ice fishers. In 2019 the Park's trails were groomed for fat tire biking. Access, use, and recreational venues for bicycles are all in need of an improvement plan and goals. The projects in this plan will greatly increase and enhance the Park's year round usage. Recommended Improvements: In order to bring East Gallatin Recreation Area GLRP) closer to its full potential as a significant recreational focal point of the community, while ensuring the Park maintains its identity as a community- supported, family-oriented, low and no-cost recreational area, while complying with the PROST Goals, the following improvements, listed in no particular order, have been identified: Signage Plan Entrance signs Parking signs Speed limit signs Handicap Parking signs Trail signs Facility signs Rules and etiquette signs Maintenance contact signs Security warning signs No trespassing signs Fishing 26 68 Improve Security Install security cameras Connect security cameras to police monitoring location 13 Improve locks Add security warning signs and police/fire contact information 93 Add and repair fencing between Park and private or commercial property B5RC will consult with Fire and Police representatives to enhance GLRP security. Paved Road, Parking and Trails and New entrance/exit Widen and pave entrance road (Developer) Develop road flow plan Pave renovated roads and expanded parking areas Create a watercraft staging area Develop new park entrance/exit on south end of Glen Lake Include complementary landscaping and irrigation Develop an end-to-end handicap access plan for roads, parking, paths, and trails in and around the GLRP Kid's Learning Playground, Stream and Beach Design natural, interactive, educational playground and beach Excavate area south of the existing beach to safely accommodate toddlers and teens alike of all abilities Create elevation changes and rocks to stimulate active learning Define wading area with rocks Create play structures and facilities that are both educational and compliant with the city playground inspection criteria and standards. Create a re-circulating stream/water feature to engage kids in learning how water flows, how it changes the shape of the land, rock and sand. Landscaping Convert the Glen Lake drainage ditch to a meandering spawning stream with riparian habitat that will serve as an aesthetic buffer between the Park and the Sunfish development. Integrate additional landscaping throughout the Park Berms around the volleyball courts 27 69 Berms at the for end of GLRP to mask adjacent commercial facilities and mitigate noise Second Park Entrance Extend the Park road around the south end of Glen lake and connect it to Manley Road This would greatly improve safety response in the Park It would improve runoff on that end of the Park and would reduce congestion and spread traffic out Make better use of the south end of the Park Pavilion & Benches Provide additional or expanded picnic/multi-use pavilions as needed in the park. Expand the number of Park benches Volleyball Courts Add two Sand Volleyball courts where they will be compatible with the proposed park road, parking and trails projects Solid Waste Increase the number of trash cans Locate them for ease of use and disposal Replace existing trash cans with a new and improved system Put pet rules and etiquette signs up at the Park north entrance and near the new southern entrance. Place pet-waste trash cans as needed Change Dog policy A change in policy will be needed when the entrance is developed with single family condominiums Dogs on trails is a Bozeman cultural expectation Allow dogs on-leash on trails Allow dogs on-leash in the parking lot and on the roads Restrict dogs from the beach, the kid's playground and all GLRP park areas other than trails, roads and parking lots. Improve ADA Access Docks, trails, paths, pavilions and the beach can be made more accessible from an ADA perspective 28 70 Handicapped parking will be incorporated in the parking renovation plans, projects #2 and #3. Maintenance: It is one thing to plan, fund, and build public use facilities like those at the GLRP and described in this plan. It is another thing to maintain these facilities year after year. There has been wear and tear as well as vandalism at GLRP. BSRC & GVLT wish to work with The City of Bozeman to keep maintenance and security at an affordable level. We understand the City of Bozeman is advocating for a Maintenance District. We believe this would serve GLRP well. The City of Bozeman secured a 50 year lease of the State owned portion of the Park and Glen Lake in 2019. BSRC has undertaken an initiative to have a GLRP cleanup and maintenance day each Spring. BSRC will also address upgrades and improvements to the existing restrooms and concession building that will try to remedy the list of current problems provided by the city park maintenance staff. GVLT sponsors many trails maintenance events throughout the year The City of Bozeman can call on BSRC or GVLT for help in GLRP maintenance. Trail System and Bicycle-Pedestrian Accessibility: New Trails (north) Acquire trail easements as shown in the PROST Plan, to extend the trail system to the north along the East Gallatin River with a goal of creating connections to both Manley and McIlhattan roads. New Trail (southeast) Acquire trail easements as shown in the PROST Plan, to extend the trail system to the southeast along the east side of the East Gallatin River, to connect to the planned sidewalks on Bridger Dr. Sidewalks & Shared-Use Paths As opportunities arise, sidewalks or 10-foot, paved, shared-use paths should be installed on Manley, Griffin, Rouse, Bridger, and Story Mill to facilitate safe pedestrian access to the Park and trail system for the growing residential population in this area as well as connectivity to the Story Mill Park. 29 71 Bike Lanes As opportunities arise, bike lanes should be installed on Manley, Griffin, Rouse, Bridger, and Story Mill to facilitate safe bicycle access to the Park and trail system for the growing residential population in this area. Planned for 2020. Grooming for Nordic Skiing Work with the Bridger Ski Foundation to explore the potential to extend groomed cross-country ski trails from Bridger Creek Golf Course into the Park. Grooming for winter Fat tire biking Land Management: Reclamation There is an area of the old city landfill in need of maintenance and noxious weed control. This area could be significantly improved through reclamation with topsoil and seeding, and cleanup of trash embedded in the stream bank. Noxious Weeds Infestations of several species of noxious weeds including spotted knapweed, hounds-tongue, tansy, and Canada thistle are present in a number of areas around the park. Weed infestations should be mapped and a weed- management strategy developed and implemented. Wildlife Habitat Wildlife habitat could be significantly improved on the west side of the East Gallatin River through plantings of shrubs, trees and grasses to provide food and cover for a variety of species. Throughout the Park, large dead trees should be left standing to provide bird habitat unless they pose a danger to Park users. A comprehensive yearly plan to determine which dead trees should be removed and which should be retained is needed. Potential Acquisitions & Expansion: This adjacent property should be acquired if possible to expand the Park: 30 72 Moche Property - Acquiring this property would conserve its high quality wildlife habitat and could provide for expansion of the trail system. Portion of Ebbighausen Property - Approximately 2 acres of this property has been conditionally offered to the Park for a natural stream area with riparian habitat, a restored spring creek, and trails. Hillman Property - Acquisition of a small portion of the Hillman property would make it possible to extend a trail spur along the East Gallatin River on the currently inaccessible northern parcel of Park property. Conclusion: These proposed changes to the Park will meet City of Bozeman priorities, and will allow the Park to function as a well planned, more beautiful, and accessible community space. The goal is to continue to emphasize and enhance GLRP's primary feature, Glen Lake, with its fishing docks and improved and extended beaches, while envisioning a meandering stream from Glen Lake to the East Gallatin River with a new path and public fishing access on the river. This plan includes significant improvements to fishing access on the East Gallatin River as it traverses the Park. Glen Lake is the Park's primary unique feature. Planning for a watercraft staging area is underway. These park features, including the proposed kid's learning playground, will be designed to complement, not duplicate, other City of Bozeman Parks. Landscaping will be planned for and included as each of the above projects and acquisitions come to fruition. Paving the roads and creating a new south entrance will greatly enhance the ease of use, safety, and ease of access for all Park users, regardless of abilities. It will allow additional parking and will balance the traffic flow to and through the Park. These paving projects will also allow a much needed, integrated and comprehensive storm water runoff plan and design and a watercraft staging area. Glen Lake Rotary Park is maintained by the City of Bozeman Parks and Recreation Department. Development of planned park features is by cooperative effort between the City of Bozeman and citizens of Gallatin County, Bozeman's Rotary Clubs, and GVLT. The Bozeman Rotary Clubs and GVLT have successfully completed several major projects using limited club funds, matching grants, and volunteer labor as well as in-kind donations by club members, community philanthropists and other local businesses. 31 73 The Bozeman Rotary Clubs will work together to fund, design, and construct a Rotary Centennial Pavilion in conjunction with a commemorative grove of trees that celebrate Rotary's 100th anniversary serving the City of Bozeman. Both Rotary clubs have funded and built public improvements as well as operated civic programs for the benefit of Bozeman and Gallatin Valley residents over this period. Bozeman's Rotary Clubs have created and cultivated several fund raising projects, as well as donors and grants. BSRC expects to continue support for GLRP with GVLT and the City of Bozeman for the foreseeable future. These funds, together with other private and public in-kind or cash donations, matching grants, loans, etc. are the presently conceived funding mechanisms for the proposed improvements. Sincerely, Bozeman Sunrise Rotary Club 32 74 W oa•jJOMej......puoa•/A/nM 6 d 1AOAVI MUS1TV83AO gg3qJJ VNVlNOW'NVW3Z08 jaNOS213GN`v'S o SAtlAWlYd35YLLlONONY Mud AHVION 3mtn Hilo p^ sul3tnnonnn 9NIXnra'xYAwtloa ss3nY/.130 lei a 1 n pppppp3REe3 9 1 10t I I j — T — g fill €s / pg8j4G 1 B 3 y^y6 ZO F \ 0 N 0 a z a l F ter•--., 1 1+------— ---- N 0 S O V bl'E 3 9 NN I I /11 i ff/ Ijj II I ICI III I 111111111I NN G?\\ `1179i IOs ''! rW'N N I., Q 3 J / Z o SAd' r -LIz' Nh =Z O / 0 OVON OWN 75 is..u.pU.f'MMM 4 S NMd 9ES NOI1Ntld N121bM31SVMOW'NtlW3Z08 NO S N 9 a N d S sarevura aso-uv W.Nvj , ••,., suawnonam.xmre•ernavoa ssn rluN a y R 3 a .,., Mdtld Adtl10d 911tl1 N 10 01 s egg 5 a sp 6il aK nil 101 H! d WIN f \ 76 y F,om•suos,opuos•.n lA In rmaaaDsalm aanuva 0 121 t/M 31 S tlNtlLK%J'Ntl 7; J N O 3 213 d N d S SAVh4 vd3 UvHoAY SLBYBM1OVC.J1 oNMtlNd'AVl.IOtUtl 55]tlN3N a R 5 o'Adtla A8Nl0U 3MV1 N319 a Aa z PG o Q w o xa-a -. o U¢ mU zU) zo 0 0000 J C o f o + 0 100000° 00000 i 0 o o o + o I0000000odJ n J I III III m III 5 e I III 0 I III III m w LL 77 r 78 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer John Alston, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding with the USDA Forest Service Custer Gallatin National Forest for Bozeman Municipal Watershed Activities MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign a Memorandum of Understanding with the USDA Forest Service Custer Gallatin National Forest for Bozeman Municipal Watershed Activities STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The attached Memorandum of Understanding (MOU) extends for a period of 5 years the existing, albeit currently expired, MOU between the City and USFS concerning forest management activities occurring within the Hyalite Creek and Sourdough Creek municipal watersheds. This is the fourth such MOU that the City and USFS have entered into as forest management activities within these watersheds have advanced over the years from initial risk assessments, to alternatives evaluations and environmental impact analyses, to project decisions, now culminating with on-the-ground implementation actions. The purpose of the MOU is to document the cooperation between the City and Forest Service to maintain, in the long term, a high quality and predictable water supply for the City through cooperative efforts in implementing sustainable forest and land management practices within the Bozeman Municipal Watershed. This framework of cooperation serves the mutual interest of both parties and the public we both serve. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:There are no direct fiscal effects associated with executing the MOU. Attachments: 79 23MU0111023 Bozeman Municipal Watershed Final Draft Agreement For Signatures.pdf Report compiled on: March 1, 2023 80 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 1 of 7 FS Agreement No. 23-MU-11011100-023 Cooperator Agreement No. MEMORANDUM OF UNDERSTANDING Between The CITY OF BOZEMAN And The USDA, FOREST SERVICE CUSTER GALLATIN NATIONAL FOREST This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between the City of Bozeman, hereinafter referred to as “The City,” and the United States Department of Agriculture (USDA), Forest Service, Custer Gallatin National Forest, hereinafter referred to as the “U.S. Forest Service.” Background: Due to the increasing pressure on the City of Bozeman's source watersheds from rapid growth and dry years, there is a need for a collaborative partnership between The City and the U.S. Forest Service to manage and provide water resiliency throughout The City's Sourdough and Hyalite watersheds. Title: Bozeman Municipal Watershed I. PURPOSE: The purpose of this MOU is to document the cooperation between the parties to maintain (in the long term) a high quality, predictable water supply for The City through cooperative efforts in implementing sustainable land management practices. This framework of cooperation serves the mutual interest of the parties and the public in accordance with the following provisions. II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: Whereby the public water supply for The City comes primarily from watersheds south of Bozeman that are largely National Forest System lands, the U.S. Forest Service and The City share a role in ensuring the long-term quality and quantity of water to city residents. Each party brings resources to the collaborative process. The parties to this MOU acknowledge that ensuring a reliable water supply from these source watersheds is not the sole responsibility of one entity, but is a shared goal of both parties. The following objectives are in the mutual interest of the parties in order to meet this responsibility:  Implement vegetation management projects that will begin to reduce the severity and extent of wildland fires in the Bozeman and Hyalite Municipal Watersheds. 81 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 2 of 7  Focus on treatments that will begin to reduce the risk of excess sediment and ash reaching the municipal water treatment plan in the event of a severe wildland fire.  Provide for firefighter and public safety by beginning to modify potential fire behavior.  Reduce fuels in the wildland/urban interface (WUI) to reduce potential fire spread and intensity between National Forest system lands and adjacent private lands.  Support the investigation and development of projects, programs, or other activities that serve to enhance or protect water quality and/or augment water quantity. The parties to this MOU acknowledge that any one party may participate in local activities or implement decisions related to watershed management as part of their site-specific obligations, responsibilities and authorities within their own jurisdiction. This MOU is not meant to supplant any party’s discretionary authority to make decisions about watershed management associated with their individual jurisdictions. Nor is it meant to impose rulings or requirements on private lands. This MOU is intended to provide a framework for the parties to integrate their local, site-specific decisions, activities and resources into a collaborative landscape scale approach to watershed management. In consideration of the above premises, the parties agree as follows: III. THE CITY SHALL: A. Assign staff to the Bozeman Municipal Watershed project. B. Coordinate regularly with the U.S. Forest Service in the development, planning and implementation of any projects in the municipal watersheds. C. Share information in City databases regarding City lands and water treatment facilities relevant to planning and implementation of projects outlined in Section II above, within the municipal watershed. D. Work with the U.S. Forest Service to hold public meetings or share information with the public regarding management activities within the municipal watershed. IV. THE U.S. FOREST SERVICE SHALL: A. Assign staff to the Bozeman Municipal Watershed project. B. Coordinate regularly with The City in the development, planning and implementation of any projects in the municipal watersheds. 82 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 3 of 7 C. Develop maps and share information in Forest Service databases for vegetation, fire history, wildlife habitat, road systems and other relevant national Forest Source material for the planning and implementation of projects outlined in Section II above, within the municipal watershed. D. Work with The City to hold public meetings or share information with the public regarding management activities within the municipal watershed. V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Brian Heaston P.O. Box 1230 Bozeman, MT 59771-1230 405-582-2282 bheaston@bozeman.net Jeff Mihelich P.O. Box 1230 Bozeman, MT 59771-1230 406-582-2324 jmihelich@bozeman.net Principal U.S. Forest Service Contacts: B. NOTICES. Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or The City is sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the MOU. U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Melanie Cota Natural Resource Specialist Custer Gallatin National Forest 406-522-2539 melanie.cota@usda.gov Dan Droughton Grants & Agreements Specialist USFS, Region One 24 Fort Missoula Road Missoula, MT 59804 406-329-1012 daniel.droughton@usda.gov 83 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 4 of 7 To The City, at The City’s address shown in the MOU or such other address designated within the MOU. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. C. PARTICIPATION IN SIMILAR ACTIVITIES. This MOU in no way restricts the U.S. Forest Service or The City from participating in similar activities with other public or private agencies, organizations, and individuals. D. ENDORSEMENT. Any of The City’s contributions made under this MOU do not by direct reference or implication convey U.S. Forest Service endorsement of The City's products or activities. E. NONBINDING AGREEMENT. This MOU creates no right, benefit, or trust responsibility, substantive or procedural, enforceable by law or equity. The parties shall manage their respective resources and activities in a separate, coordinated and mutually beneficial manner to meet the purpose(s) of this MOU. Nothing in this MOU authorizes any of the parties to obligate or transfer anything of value. Specific, prospective projects or activities that involve the transfer of funds, services, property, and/or anything of value to a party requires the execution of separate agreements and are contingent upon numerous factors, including, as applicable, but not limited to: agency availability of appropriated funds and other resources; cooperator availability of funds and other resources; agency and cooperator administrative and legal requirements (including agency authorization by statute); etc. This MOU neither provides, nor meets these criteria. If the parties elect to enter into an obligation agreement that involves the transfer of funds, services, property, and/or anything of value to a party, then the applicable criteria must be met. Additionally, under a prospective agreement, each party operates under its own laws, regulations, and/or policies, and any Forest Service obligation is subject to the availability of appropriated funds and other resources. The negotiation, execution, and administration of these prospective agreements must comply with all applicable law. Nothing in this MOU is intended to alter, limit, or expand the agencies’ statutory and regulatory authority. F. USE OF U.S. FOREST SERVICE INSIGNIA. In order for The City to use the U.S. Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service’s Office of Communications. A written request must be submitted and approval granted in writing by the Office of Communications (Washington Office) prior to use of the insignia. 84 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 5 of 7 G. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no U.S. member of, or U.S. delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly. H. FREEDOM OF INFORMATION ACT (FOIA). Public access to MOU or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). I. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All cooperators, their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. J. PUBLIC NOTICES. It is the U.S. Forest Service's policy to inform the public as fully as possible of its programs and activities. The City is encouraged to give public notice of the receipt of this agreement and, from time to time, to announce progress and accomplishments. Press releases or other public notices should include a statement substantially as follows: "Watershed Programs of the U.S. Forest Service, Department of Agriculture, fully supports the Bozeman Municipal Watershed project." The City may call on the U.S. Forest Service's Office of Communication for advice regarding public notices. The City is requested to provide copies of notices or announcements to the U.S. Forest Service Program Manager and to The U.S. Forest Service's Office of Communications as far in advance of release as possible. K. U.S. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS, AUDIOVISUALS AND ELECTRONIC MEDIA. The City shall acknowledge U.S. Forest Service support in any publications, audiovisuals, and electronic media developed as a result of this MOU. L. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. The City shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. 85 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 6 of 7 In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer. If the material is too small to permit the full statement to be included, the material must, at minimum, include the following statement, in print size no smaller than the text: "This institution is an equal opportunity provider." M. TERMINATION. Any of the parties, in writing, may terminate this MOU in whole, or in part, at any time before the date of expiration. N. DEBARMENT AND SUSPENSION. The City shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180. Additionally, should The City or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. O. MODIFICATIONS. Modifications within the scope of this MOU must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change. P. COMMENCEMENT/EXPIRATION DATE. This MOU is executed as of the date of the last signature and is effective through February 28, 2028 at which time it will expire. Q. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this MOU. In witness whereof, the parties hereto have executed this MOU as of the last date written below. 86 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 7 of 7 JEFF MIHELICH, City Manager City of Bozeman Date MARY C. ERICKSON, Forest Supervisor U.S. Forest Service, Custer Gallatin National Forest Date The authority and format of this agreement have been reviewed and approved for signature. DAN DROUGHTON U.S. Forest Service Grants Management Specialist Date Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. 87 Memorandum REPORT TO:City Commission FROM:Nick Pericich, Superintendent Water and Sewer Division John Alston, Utilities Director SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with Summit Utility Services LLC to Provide Utility Locating Services MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign the Agreement STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:We first contracted our Utility Locating Services with Summit Utility Services LLC in April of 2018 after they were the successful proposal submitter at the time. We extended that contract the length of five years and have recently went back out for another round of proposals. Summit Utility Services LLC had the successful proposal again for another term of service. This contract will establish another 3-5 years of service to locate water, sanitary sewer, storm sewer, signals, street lights, and well head power. We have to mark our utilities by Montana State law and we have had good results in the past five years working with Summit Utility Services LLC. UNRESOLVED ISSUES:None ALTERNATIVES:Reconfigure staffing to accommodate doing this in house. FISCAL EFFECTS:Anticipated increase in cost per the proposal. Attachments: 23 Professional Service Agreement - Summit Utility Services LLC - Underground Utilities Locating Services.docx 23 Proposal - Summit Utility Services LLC - Underground Utility Locate Services.pdf Report compiled on: March 6, 2023 88 Professional Services Agreement for Underground Utilities Locating Services 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, Summit Utility Services LLC, with a mailing address of PO Box 10, Arlee, MT 59821, 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 attached proposal. 2.Term/Effective Date: This Agreement is effective April 9th 2023 and will expire on April 9th 2026 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 in the attached proposal. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractorthe amount specified in the attached proposal. 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 attached proposal. 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, 89 Professional Services Agreement for Underground Utilities Locating Services Page 2 of 11 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in 90 Professional Services Agreement for Underground Utilities Locating Services Page 3 of 11 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 obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). 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. 91 Professional Services Agreement for Underground Utilities Locating Services Page 4 of 11 Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: 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. 92 Professional Services Agreement for Underground Utilities Locating Services Page 5 of 11 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. 93 Professional Services Agreement for Underground Utilities Locating Services Page 6 of 11 c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nick Pericich 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 94 Professional Services Agreement for Underground Utilities Locating Services Page 7 of 11 purpose of this Agreement shall be Troy Holzworth or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall 95 Professional Services Agreement for Underground Utilities Locating Services Page 8 of 11 be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The 96 Professional Services Agreement for Underground Utilities Locating Services Page 9 of 11 Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 97 Professional Services Agreement for Underground Utilities Locating Services Page 10 of 11 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31.Extensions:this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 98 Professional Services Agreement for Underground Utilities Locating 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 Summit Utility Services LLC By________________________________By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 99 1 Proposal for Locating Services for City of Bozeman, MT Proposal provided by: Summit Utility Services, LLC P.O. Box 10 Arlee, MT 59821 Troy Holzworth – President (406)207-0158 tgholzworth@summitutility.com 100 2 Table of Contents Section A: Cover Letter page 3 Section B: Description of Scope of Services page 4 Section C: Company Description/Experience/Capabilities page 10 Section D: Key Personnel/Project Team page 12 Section E: Recent and Current Work with the City of Bozeman page 14 Section F: References page 14 Section G: Costs and Expenses page 15 Appendix A page 16 101 3 Section A: Cover Letter February 16, 2023 City of Bozeman PO Box 1230 Bozeman, MT 59771 Dear Mr. Pericich, Thank you for allowing Summit Utility Services, LLC to participate in the request for proposals for your underground locating needs. We aim to satisfy your municipality with the services and pricing we offer. Summit consistently delivers the best Damage Prevention Services in the industry. We have included all the requested materials in this proposal. Summit Utility Services is built around three core values: Integrity, Teamwork and Quality. At Summit we provide our employees with exceptional training, support, equipment, and premium wages to help ensure our customers are provided with the best possible service. We give our team the tools and resources to be successful. I certify that Summit Utility Service will accept the City of Bozeman Standard Professional Services Agreement Terms and Conditions as outlined in the original Request for Proposals. Our operations management team has the experience and leadership capabilities to ensure you receive excellent service. This group, along with our locators currently on staff, create the opportunity for outstanding service and reliability. I am confident this team will meet and exceed your expectations while providing the solution for your needs. Summit’s goal is bringing integrity back to contract locating, one contract at a time. Please contact us with any additional questions. Sincerely, Troy Holzworth President 102 4 Section B: Description of Scope of Services: Summit will utilize a ticket management system to receive all locates tickets from clients for this contract. We will have the ticket routed geographically to be electronically delivered to all locate employees. The workflow will be monitored by regional supervisors to ensure proper staffing is met in all regions to account for amount of locates received. Summit also has both a normal and after-hours emergency dispatch for voice call out of emergency locates and or any contractor questions or concerns. All emergency locates notifications are also sent via text to the locator in the geographic region the ticket is assigned to. All employees are assigned a laptop and phone that is cable of process tickets via our ticket management system and has the ability to view cable records for all customer that we provide service for. We currently process over 500k tickets annually via this process. Summit currently receives the City of Bozeman’s 811 code. It flows thru our system and is routed to individual trained certified locating personnel. When they arrive ay the locate address several things are taking place for the City of Bozeman. A Summit employee will review the maps and look for the potential of 7 different City of Bozeman utilities. Our folks then locate all of the City of Bozeman buried facilities within the bounds of the ticket and then add photos. We also have to add electronically each utility that we locate to charge for the work. This requires multiple steps in our ticket management system. Typically, every utility has a 811 code for each utility owned. Equipment: Summit will purchase ford vehicles, Ford Rangers, F 150 pickups and Ford Focus and ECO sport cars. All of these vehicles will have the Summit Logo on them for identification. We do not rent vehicles to meet our contractual requirements. Summit utilizes primarily RYCOM and VIVAX locating equipment. Summit also provides a cell phone, MIFI, laptop and all small tools necessary to complete contractual locating requirements. Damage Investigation Policy Summit needs to be notified of a damage or a near miss as soon as possible, via email and or phone call to an email address to be provided at time of awarded contract. It is our policy for a manager and/or supervisor to respond to the site within 2 hours to conduct a joint investigation if possible with the utility representative. Upon arrival to the site, the Summit Supervisor will exchange names and numbers from both the Excavator, as well as the Utility Representative. After contacts are exchanged, the Summit supervisor will proceed with the Damage Investigation by circling any locate marks with white paint. The Summit employee will then place a Hit Kit in the appropriate areas and take pictures of the damage in the same placement and direction as the original locate photos to use for comparison. A sketch of the damage is also required before leaving the area. All locate photos that are time stamped and uploaded to Kor Terra will then downloaded be included and attached as part of the damage investigation form. The Summit supervisor will then proceed to fill in the Damage Investigation Form. The Damage Investigation Form must be turned into the affected utility company within 48 103 5 hours by the reporting Summit Supervisor. The report turned into the specific utility should provide enough documentation to determine liability usable in court if required. 1.0 Quality Plan: Damage Prevention: ....................................................................................................... 2 Ride-Alongs: ............................................................................................................ 2 Monthly Training Sessions:...................................................................................... 2 Daily Audit of Work: ................................................................................................ 2 Training: ......................................................................................................................... 3 Train the Locator: .................................................................................................... 3 Certification of Technicians: .................................................................................... 3 Training Requirements: ........................................................................................... 3 Contractor Relations: ...................................................................................................... 3 Incentive Plan: ................................................................................................................ 7 Utility Partnership:.......................................................................................................... 5 Audits: .................................................................................................................... 5 Map & Utility Training: ............................................................................................ 7 APPENDIX A .................................................................................................................... 5 1. New hires classroom training. ......................................................................... 5 2. Field Training ................................................................................................... 5 3. Examinations ................................................................................................... 5 4. Continuing Training ......................................................................................... 6 Summit Utility Services prides itself in the ability to perform Quality work. Our Motto “a job worth doing, is a job worth doing right” exemplifies our commitment to quality. The following plan outlines key components providing our field personnel with a solid foundation and the necessary tools to be successful. Summit Utility Services Drug and Alcohol Plans, Locator Handbook, Safety and Health Handbook, Electric Field Training PowerPoint and Electric test are added as supplements. Damage Prevention: Audits: Summit Utility Services (SUS) will enforce a comprehensive program of auditing completed locate tickets. Summit Utility Services Quality Manager/Trainer will report directly to the Summit Utility Services Operations Manager at the corporate level. The Quality Auditor/ Trainer will ensure that at least two Quality audits per locator are conducted weekly. In addition, the Regional Director and supervisors will conduct a minimum of 15 quality audits weekly. The audit will be performed by SUS managers and field supervisors using an electronic locator to verify the marks made on the ground and the locate sketches and photos taken by the locator. As 104 6 growth occurs in the region the field supervisors will only audit individuals that are not under their direct supervision. If problems are found during the course of an audit, the locator will be contacted and brought back to the scene to review the locate request. SUS managers will also conduct joint audits with the utility companies to promote a partnership on quality improvement across the board. Results of the audits will be kept on file in the employees’ training file. Ride-Along: Each SUS manager will schedule periodic times with each locating employee as they perform locates to observe the employee’s locating techniques, trouble-shooting skills, and safety procedures. The duration and frequency of these ride-along will be at the discretion of the manager, based upon the skills displayed by the locate technician. At a minimum, however, managers will spend 4 hours bi-annually with each of their employees. Technicians who have problems or damages, or who the trainer identifies as displaying poor skills or judgment, will be scheduled for a ride-along with the area manager. Results of the ride-along will be kept on record in the employee’s training file. Monthly Safety Training Sessions: At a minimum, monthly Safety training sessions will be held in each office to cover items of importance for all locators. These training sessions will cover mapping, locate techniques, technology changes, safety issues, or any other items the manager deems necessary. Utility representatives will be invited in to train our technicians on map reading, locating their facilities, etc. These training sessions will be documented and a record kept in the employee’s training file. Daily Audit of Work: Managers will review daily work performed by the locators to ensure work is being properly documented and locates are being completed as required. This process should reduce the number of valid recalls from contractors, ensure accurate billing to the utilities, and ensure technicians are providing quality photos and sketches on every locate. Training: Train New Employees Summit Utility Services is building a company founded by an old-fashioned work ethic “A job worth doing is a job worth doing right”. All Summit Utility Services customers have our commitment that we will provide a level of service that brings Professionalism, Excellence and Quality to every task. We surround ourselves with folks that understand the meaning of terms like Loyalty and Dedication, Commitment and Teamwork. This culture creates an environment for employees, management, and customers to develop long term relationships built with Summit Utility Services three core values as a foundation, Integrity, Honesty and Trust. At Summit we believe that a solid training program is essential to achieving the excellence that our customers and the contractors depend on for their safety. All new employees will be required to complete and extensive classroom and field curriculum. Every employee will go thru an orientation program that outlines Summit Utility Services Employee handbook, Safety and Health handbook, Drug and Alcohol Policy etc. Once that is completed the new employee will then spend a minimum of 60 hours combination “hands on” and classroom training per utility that they are to become certified to locate. The Quality Auditor/Trainer will spend half day in classroom environment and half days in the field conducting this training. 105 7 Certification of Technicians: All new employees will be required to complete the required training, successfully pass a written examination and field observation conducted by the Quality Auditor/ Trainer. Once they had completed this process the employee will be certified as a Summit Utility Services Locator. No new employee will be allowed to run live tickets without proper certification. Contractor Relations: SUS recognizes that one very important factor leading to success in any operation is its relationship with the construction contractors that are requesting locates. Through the utilities and attendance at contractor forums, SUS will work to continuously improve those relations. Managers will attend utility liaison committee and homebuilder meetings to establish relations with key contractors. Managers will identify contractors that we are having issues with and try to resolve those issues with the contractors, and if necessary, seek the cooperation of the utility companies. Incentive Plan: SUS has established an incentive program that rewards employees for working efficiently, with quality of locates being emphasized. Bonuses will be awarded to locate technicians on a yearly basis based upon a three-factor formula. The three factors are productivity (tickets completed versus wages paid), quality of work (no at-fault damages), and safe work. These three items combined will allow employees to know what they need to achieve to receive a bonus. Utility Partnership: SUS can only be as successful as the utilities that we provide service for. In that regard, damage prevention needs to be a partnership effort between Summit Utility Services and its utility customers. Aspects of this partnership are provided below. Summit’s manager currently has monthly meeting with the City of Bozeman or as deemed necessary to review current projects, staffing and any other topics to ensure we have an sound working relationship. Joint Audits: As mentioned above, SUS will ask its utility customers to complete joint audits on the work being completed by SUS technicians. Jointly, we will prepare an audit checklist for each utility that lists those items the utility would like to have verified on every locate completed in the field. Map & Utility Training: Periodically, utilities will be invited in to lead a training session of their utility mapping tools, issues specific to locating that utility, or any other items the utility feels will benefit Summit Utility Services employees. These sessions will enhance the relationship between the SUS employees and utility employees and provide for better communication when issues develop. Field Technician Training Outline Qualified trainers in each office will be responsible for the training of new applicants for field locating positions. The trainers will be responsible for teaching new employees locating procedures, safety and other job duties, administrative tasks, and also remedial training for existing technicians. The outline of the training to be conducted is included below. 106 8 1. New hires classroom training. a. Theory of Locating: Theory of locating will be taught utilizing training videotapes provided by the equipment manufacturers, as well as the company handbook that covers the theory of locating. b. SUS & Utility Customer Policies: SUS’s Company handbook will be used to teach the policies of SUS for its employees and any utility policies that our utility customers have provided to us regarding their facilities. c. Nebraska and Iowa Dig Laws: The basics of Nebraska and Iowa’s Dig Laws will be reviewed using the current booklet. d. Computer Map reading training: The SUS trainer will cover the specifics of utilizing the maps provided by each utility for their facilities. e. General Safety: Overall employee safety on the jobsite will be covered with new employees. Issues will include safe driving, heavy lifting, electrical hazards, heavy equipment safety, traffic control, trench and manhole safety, and other on-the-job issues. 2. Field Training a. Utility Identification: In coordination with utility representatives, proper recognition and identification of utility specific facilities will be covered with each employee. Photographs will also be used to cover items that may be uncommon, but still potentially found. b. Locating Procedures: Building upon the classroom training completed earlier, new employees will learn the basics of utilizing an electronic locator to determine the location of buried facilities. More detailed information will be presented as to the specific techniques to be used for specific utilities. Proper documentation and marking of facilities will be included. c. Manhole or Vault Locating: This portion will cover the safety requirements necessary when locating facilities out of a manhole or vault, safety practices when removing manhole lids, and other techniques to be used in the field. d. Stand By & Monitor: The specific requirements each utility has when protecting their facilities will be demonstrated to each employee, as well as the documentation requirements and work stoppage rules to be followed by each SUS employee. e. Traffic Control Safety: Proper lane closure techniques, roadway safety, and working with municipal and state roadway officials will be demonstrated with each employee. f. Documentation: This portion of training will cover the documentation that each utility, as well as SUS, requires on every ticket completed by an SUS locator. 3. Examinations a. Written: A comprehensive written examination, covering both classroom and field instruction will be administered to each employee. The trainer will have a discussion with each employee as to the results of the test. b. Oral: An oral examination covering locating techniques and field scenarios will be administered to each employee by the manager at the office they will be operating out of. c. Field Practical: After successfully completing both the written and oral examinations, the employee will be taken to the field by the trainer and given real tickets to complete. The trainer will evaluate the employee on their locating procedures, safety procedures, documentation, and recognition of potential hazards. If successful with this practical examination, the employee will be qualified as a Summit Utility Services Locating Technician. 107 9 4. Continuing Training a. Remedial Training: Employees that, during the course of their employment, show a weakness in their locating skills will be provided with remedial training covering those aspects necessary to bring them up to an acceptable level, as determined by their manager. When negligent at fault damages occur Summit management will determine if a written warning is deemed necessary. We have a 3 written warnings policy then terminate. However Summit will make every effort to ensure employees are given proper training and a work load level that promotes Quality performance. b. Locate Audits: As covered in a previous section, managers, supervisors, and field trainers will perform periodic audits to ensure quality locates are being performed in the field. c. Equipment Calibration: Periodically managers, supervisors, and trainers will field check the calibration of locating instruments being used by their employees. d. Mapping Updates: As necessary, managers, supervisors, and trainers will provide training on mapping updates that are provided by the utilities. 5. Sample training schedule: Day 1 Introduction Orientation Module Payroll Module Company Vehicles *Vehicle Inventory Day 2 Safe Work Practices - Test One Call Regs. - Test Day 3 Knowledge of Facilities - Test 10 Steps of Locating Field Visits Day 4 Locate Theory - Test Use of Receiver - Test Use of Transmitter - Test *Give out equipment. Day 5 Print Training - Getting Familiar with local prints Field Training - Familiarity with Equipment Day 6 Marking Procedures - Test Telephone CATV Day 7 Electric Module - Test Natural Gas Module - Test - -OQ Written Field Training - Phone and CATV Day 8 Excavator & Customer Relations - Test State Specific Billing Template Field Training - Electric and Natural Gas - Natural Gas Field OQ Day 9 Locating Pipelines - Test Print Training *In class demonstrations and examples of prints and billing scenarios Day 10 Final Review and Certification 108 10 Day 11 Field Training *Small group completing locates with Trainer(s) Day 12 Field Training *Small group completing locates with Trainer(s) Day 13 Field Training *Small group completing locates with Trainer(s) Day 14 Field Training *Small group completing locates with Trainer(s) Day 15 Field Training *Small group completing locates with Trainer(s) Day 16 Ride along with Senior Locate Tech Day 17 Ride along with Senior Locate Tech Day 18 Ride along with Senior Locate Tech Day 19 Ride along with Senior Locate Tech Day 20 Ride along with Senior Locate Tech Ultimately Quality Assurance starts with a commitment from ownership to invest in the proper amount of resources and equipment to complete the ticket volumes and supporting our leaders and locators. This investment starts with staffing. Summit commits to staff to what we believe and our customers believe is correct number of locators by region based on historic ticket volumes. When ticket volumes spike Summit works overtime to try and keep up with the increased work load. Summit is also a member of Energy World Net and will update membership and requirements as need for this contract. Summit agrees to meet with Company’s management team to develop a matrix to measure multiple data points regarding Quality Assurance. Contractor also agrees to meet monthly/Quarterly/annually or as needed with Company staff to review and discuss. Compliance with Contract Terms Summit Utility Services, LLC. Accepts the contract language provided in bid packet. Summit has a Drug and Alcohol Program, Employee manuals and a complete NULCA approved training program available upon request. Section C: Company Description/Experience/Capabilities Summit Utility Services was formed in 2011 with a single locating contract in South Dakota and grow it to over 180 employees in 2022 with locating contracts in SW Minnesota, across all of Montana, North Dakota, South Dakota and Idaho. Summit was started by Troy Holzworth and 31 year veteran industry expert. We are owned and managed by a grass roots utility locator that understands what the employees need to be successful. Troy Holzworth was recently elected to both the NULCA Board and the Montana 811 board based on his qualifications as a national industry expert. Summit has built this business by doing locates RIGHT and ON TIME. I have provided in this packet just a brief background of our leaders within the regions Summit is bidding. These folks are serious Damage Prevention experts who are like minded and dedicated to the craft of damage prevention. This team has catapulted Summit Utility Services into the premier provider in the region. 109 11 Current Staffing: Summit currently has 180 employees. Employee Experience: Average employee experience is 9.65 years. Areas of Operations: Summit currently operates in Nebraska, Iowa, Minnesota, North Dakota, South Dakota, Wyoming, Montana and Idaho. Utilities Located: Summit currently locates Telecommunications, Fiber Optic, CATV coax, and all phases of buried Electricity, natural gas, Water, Sewer, Storm sewer, irrigation systems, Oil pipelines, propane and traffic signals Damage Statistics: Summit Damage Ratios 2017 1 damage per 3357 locates 2018 1 damage per 3415 locates 2019 1 damage per 4447 locates 2020 1 damage per 4105 locates 2021 1 damage per 4624 locates 2022 1 damage per 4488 locates City Of Bozeman last 3 years Damage Ratios 2 damages and 50,196 locates performed. 1 damage per 25,098 Company Wide On time performance 2020 97.66% on time 2021 98.73% on time Company wide last 3 years On Time Total Tickets 1,187,801 Emergency Tickets 48,688 Tickets Less Emergencies 1,139,113 Tickets agreed upon due date extensions 46,375 Total Tickets less extensions and emergencies 1,092,738 Tickets completed on time 1,084,220 Late Tickets 8,518 On Time Percentage 99.22% 110 12 Summit has not had a problem meeting state dig law requirements in any state of operation. We work with contractors on any major locate requests and projects and complete the triangle for damage prevention. In the event we are unable to meet a due date, Summit makes contact with the excavator or property owner to make completion arrangements on a very minuet number of tickets. I strongly suggest you contact your placement contractors and or your won crews, ask them how Summit’s response is to their locates request compared to ANY other provider. Questions: Are the locates accurate, completed on time, how many unlocatable utilities do they experience with Summit, how much downtime is caused by our service. The utilities that want their plant located” correctly and on time” have contracted with Summit Utility Services across our geographic footprint. Section D: Key Personnel and Project Team Don Peters is our Western Regional Director managing our Montana and Idaho region. Don is OQ certified to Locate Intermountain Gas, Avista, and NorthWestern Energy plant. Don has 17 years of experience is also one of Summits OQ training supervisor. Don is also a Veriforce certified OQ trainer. We currently have 8 employees certified to locate projects in the immediate Bozeman area. Jess – 25 years locating experience, 4 years locating for city. Jodie – 17 years locating experience, 3 years locating for city. Katie – 17 years locating experience, 2 years locating for city. Walter -5 years locating experience, 1 year locating for city Sarah – 1 year locating experience, 1 year locating for city. Haylee – 1 year locating experience, 1 year locating for city. Jordan – 1 year locating experience, 1 year locating for city. Logan -1 year locating experience, 1 year locating for city. Our team believes we can bring quality back to the locating environment. Summit has improved service for every contract that we have added since our inception. Don’t hesitate to call and ask how Summit performs compared to whoever they used prior in North Dakota, South Dakota, Montana, Idaho and Minnesota. We are confident we can continue to facilitate the City of Bozeman Service territory with a high level of quality and success. Safety is a top priority for Summit Utility Services. We know that prioritizing our locators’ safety in the field ensures we retain the best locators in the area. We have included our safety statistics for the past 3 years below for your review. 111 13 2020 OSHA Form 300 2021 OSHA Form 300 112 14 2022 OSHA Form 300 Section E: Recent of Current Work with the City of Bozeman City of Bozeman, MT Performed sewer, water, storm sewer, Luminaires, traffic lights, RRFBs, and well locates in Bozeman, MT. Dates: April 1, 2018 - current Section F: References/Similar Municipality Work Clay County MN Terri Grinde Clay County Highway Department 218-299-5099 Population: 65,574 Scope: Locate all power supplies for an assortment of traffic lights throughout Clay County Dates: April 16, 2021 City of Pierre, SD Brad Palmer 605-773-3067 Brad.palmer@ci.pierre.sd.us Population: 14,000 Scope: Locate entire electric & fiber optic network in Pierre SD Dates: March 1, 2020 113 15 City of Coleman, SD Grant Groos 605-530-1212 cityman572@hotmail.com Population: 4,000 Scope: Locate entire electric network in Coleman SD Dates: April 1, 2012 City of Pukwana, SD 605-894-4316 Population: 275 Scope: Locate entire electric network in Pukwana SD Dates: October 1, 2015 City of Bozeman, MT Nick Pericich 406-579-3684 Population: 54,539 Scope: Locate sewer, waters, storm sewer, Luminaires, traffic lights, RRFBs, and wells in Bozeman, MT. Dates: April 1, 2018 Section G: Costs and Expenses Costs and expenses: Please provide the following proposed prices: 1. Cost per locate – Water Each $17.50 2. Cost per locate – Sanitary Sewer Each $17.50 3. Cost per locate – Storm Sewer Each $15.00 4. Cost per locate – Signals Each $17.75 5. Cost per locate – Luminaires Each $13.62 6. Cost per locate – RRFB Each $13.62 7. Cost per locate – Wells Each $13.62 8. Tickets will be billed on a per locate request per utility basis for the first 2 hours of actual locating for the categories as shown above. Anything after 2 hours will be billed at an hourly rate in 15 minute increments. $80.00 hourly rate 114 16 Appendix A: 115 Memorandum REPORT TO:City Commission FROM:Nick Pericich, Superintendent Water and Sewer Division John Alston, Utilities Director SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with Vertex Electric To Remove Electrical Boxes from Lift Station Wet Wells MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign this Agreement STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:We have electrical boxes in some of our sewer lift station wet wells. This makes it necessary to enter the wet wells to remove a pump and send it in for repair. This is not a good practice to have to enter these deep wet wells filled with raw sewage to do this work. This project will move the electrical boxes outside the wet well adjacent to the buildings that house the electronics. The project is specifically for four of our sewer lift stations. These boxes will also have an air gap to eliminate the potential of gases following the conduit into the building. By doing this, our own staff or contracted staff will be able to remove pumps and send them in for maintenance without making entry into these deep wet wells filled with sewage. UNRESOLVED ISSUES:none ALTERNATIVES:none FISCAL EFFECTS:We budgeted $60,000 for this work in fiscal year 2023 and it will cost a little under $50,000 for the contractors portion. Attachments: Contract Agreement for Lift Station Air Gap.docx Proposal and Quote for Bridger Lift Station Air Gap Installation.pdf Proposal and Quote for Burrup Lift Station Air Gap Installation.pdf Proposal and Quote for Loyal Gardens Lift Station Air Gap Installation.pdf 116 Proposal and Quote for Baxter Meadows Lift Station Air Gap Installation.pdf Report compiled on: March 6, 2023 117 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 1 of 16 ` CONTRACT AGREEMENT This Agreement is made this day of , 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, P.O. Box 1230, Bozeman, Montana 59771-1230 (“City”), and Vertex Electric, 23 Deanna Place, Belgrade MT 59714, (“Contractor”). In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1. Work to be Performed: Contractor will perform work as outlined in proposals and quotes for each lift station. In general electrical junction boxes will be moved at each of four lift stations and placed outside the wet wells and next to the buildings in a junction box with an air gap. 2. Contract Documents: The Contract Documents which comprise the entire agreement between the City and Contractor as attached to or referenced in this Agreement, are made a part hereof by this reference and consist of the following: •This Agreement. •The proposals and quotes for each lift station •Proof of Insurance and registration •Montana Public Works Standard Specifications, 7th Edition (MPWSS), and as further amended by the City of Bozeman Modifications to MPWSS. There are no Contract Documents other than those listed above in this Section 2. The Contract Documents may not be altered, amended or repealed except by a modification (as defined in the MPWSS, General Conditions). 3.Time of Performance: Contractor shall begin the Work upon execution of this agreement by the Owner. The contract shall remain in effect for a period of one year from above date of Agreement or until the work has been completed. 118 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 2 of 16 4.Payment: Upon satisfactory final completion and acceptance of the Work, City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Work, the amount of $47,795 Contractor shall submit applications for payment in accordance with the Montana Public Works Standard Specification, _7th_ Edition General Conditions. Applications for payment will be processed as provided in the General Conditions. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Work that Contractor may have or assert against City, its officers, agents, and employees. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in the MPWSS. 5.Inspection and Testing: •City has the right to inspect and test any and all Work performed by Contractor. Contractor shall allow City and its agents access to the Work at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the Work or uncovering or taking down portions of the finished Work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the Work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Work. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. 119 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 3 of 16 •Contractor shall, without charge, replace any material or correct any Work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 6.Contractor’s Representations and Warranties: In order to induce the City to enter into this Agreement, Contractor represents and warrants as follows: •Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, the Work site, 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 Work. •Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work. •Contractor has made or caused to be made examinations, and investigations as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by Contractor for such purposes. •Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. •Contractor and its sureties are liable for the satisfaction and full performance of all warranties. 7.General Requirements: •Contractor Use of Premises. The Contractor shall confine his operations at site of the proposed work to within the right-of-way or construction easements provided. 120 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 4 of 16 •Safekeeping of Equipment and Materials on Work Site. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of Contractor and that no claim shall be made against the City by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access by the City to the sites occupied by these stored materials and equipment, the Contractor owning or responsible for the stored materials or equipment shall immediately remove same. No materials or equipment may be placed upon any private property until the property owner has agreed in writing to the location contemplated by the Contractor to be used for storage. •Debris; Restoration. While performing the Work, and as part of the final completion of the Work, Contractor shall clean up the Work site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Work. Any disturbed landscaped areas shall be properly restored. •Safety. Safety provisions must be entirely adequate and meet with City, County, State and Federal regulations to protect the public in affected areas. 1) All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. 2) Fall protection must be utilized when the wet well hatches are open. 3) Proper OSHA procedures for confined space entry and fall protection must be followed. 4) Contractor acknowledges that wet well entry to perform this service is required and this may be considered an abnormally dangerous activity. 5) Contractor assumes all responsibility for ensuring and enforcing safe working conditions and compliance with all safety-related rules and regulations for the benefit of its own employees, the employees of subcontractors and the public when conducting the work, including all duties related to safety and will indemnify the City for any losses or damages the City may incur as a result of work conditions. 121 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 5 of 16 8.Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 9.Suspension: •The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Work (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. •Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Work, including those portions on which work has been suspended. •As compensation for the suspended Work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (2) an equitable amount to reimburse Contractor for the cost to protect and maintain the Work during the period of suspension; and (3) an equitable adjustment in the cost of performing the remaining portion of the work post- 122 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 6 of 16 suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Work has increased or decreased. •Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 9(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Work Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim. •No compensation described in Section 9(c) shall be paid and no extension of time to complete the Work shall be granted if the suspension results from Contractor’s non- compliance with or breach of the terms or requirements of this Agreement. 10.Termination for Contractor’s Fault: •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 •In the event of a termination pursuant to this Section 10, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Work has been completed. Upon completion of the Work, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Work and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. •Any termination provided for by this Section 10 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. 123 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 7 of 16 •In the event of termination under this Section 10, 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. 11.Termination for City’s Convenience: •Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease work on the Work, 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. •Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease work on the Work, discontinue placing orders for materials, supplies, and equipment for the Work, and make every reasonable effort to 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, in progress, or in transit to the construction site. •In the event of a termination pursuant to this Section 11, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property. •The compensation described in Section 11(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. 12.Limitation on Contractor’s Damages; Time for Asserting Claim: 124 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 8 of 16 •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. •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 ten (10) 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. 13.Representatives: •City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nick Pericich, Water & Sewer Superintendent 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 and may receive approvals or authorization from such persons. •Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be James Tex, Vertex Electric. 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. 14.Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., MCA. Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any 125 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 9 of 16 underground facilities, this fact shall be noted in writing prior to commencement of such location work. 15.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, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Work. 16.Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, Montana Contractor Registration requirements, Montana Contractors Gross Receipts Tax (Title 15, Chapter 50, MCA), 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 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. 126 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 10 of 16 Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 18.Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Work. 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. 19.Labor Relations: •In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Work, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Work 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 to resume work on the Work 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 work on the Work to resume and be completed within the time frames set forth in the Construction Schedule 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. 21.Subcontractors: •Contractor may employ subcontractors for any part of the Work. Contractor shall provide City with a list of all subcontractors employed. •Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Work. •Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Work before being used for any other purpose. Contractor shall make any payments due to any 127 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 11 of 16 subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 24.Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Work. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty (30) days after its filing. 25.Indemnification; Insurance; Bonds: a.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 reasonable attorney’s fees and the costs and fees of and 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 resulting in bodily injury or destruction of property 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. b.Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). 128 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 12 of 16 c.Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d.Should any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. e.In the event of an action filed against City resulting from the City’s performance under this Agreement, the City is responsible to represent itself and incur all costs and expenses of suit. f.Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. g.Contractor and City waive against each other, and against the other’s officers, directors, members, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, and consequential damages, loss of use, loss of profits and revenue, and loss of reputation arising out of, resulting from, or related to the Contract. This Cap does not apply to or limit any claim by either party for the following: (a) costs, losses, or damages asserted by third parties for destruction of tangible property, bodily injury, sickness, disease, or death or (b) gross negligence or willful misconduct. h.These obligations shall survive termination of this Agreement and the services performed hereunder. i.In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below: •Workers’ Compensation – not less than statutory limits; 129 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 13 of 16 •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 to include : Products and Completed Operations - $1,000,000, and, Contractual Liability coverage, and, On-going Operations; •Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); •Property Insurance naming the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work and equipment while at Contractor’s facility on an all risk coverage basis.; The City of Bozeman, its officers, agents, and employees, shall be included as an additional 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. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 27.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue. 28.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 shall be resolved in a 130 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 14 of 16 court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 29.Attorney Fees: In the event it becomes necessary for either party to 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 given notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel (to include the City Attorney’s Office). 30.Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31.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. 32.Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 33.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 34.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 35.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 36.Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 37.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. 131 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 15 of 16 38.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39.Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Work. Contractor may not assign to any third party other than Contractor’s subcontractors on the Work, the right to receive monies due from City without the prior written consent of City. 40.Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 41.Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Work, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof 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. 132 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 16 of 16 IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA Vertex Electric, Inc. Print Name: Title: CONTRACTOR By:By: Jeff Mihelich, City Manager 133 134 1 Bridger Lift Station Air Gap Installation Vertex Electric, Inc is pleased to submit this proposal for electrical services described in pictures dated 11/2022 Included in Bid  Excavation and Trenching for new conduits from wet well to ground box next to service.  Coring new penetrations in wet well.  New Concrete ground box near Service  36H x30 W x 20 D Hinged cover enclosure with sub-panel and lockable 3 point handle  (2) 12x12x36 Wire ways for transition from ground box to enclosure  Terminals and power distribution blocks for transition from cables to conductors  Cord Grips for connection of cables to enclosure  Conductors for pump power in conduit from air gap enclosure to control panel (Up to #6 AWG) in conduit  Twisted Shielded Pair for level instrumentation to control panel from Air Gap Enclosure  #14 AWG Conductors from Air Gap enclosure in conduit to control panel  All conduits will be sized for conductors and will be rain tight or in PVC suitable for wet locations per NEC.  Removal of existing junction boxes in wet well. Excluded from Base Bid  Stainless Steel enclosures  Disconnects or overcurrent devices  Floats and/or Level instrumentation  UL508A Clarifications 135 2  Plans call for UL 508A for termination cabinet. If this is desired, please let me know  The transition from underground to above ground is a work in progress and can be discussed. The thought with this quote is to place either (2) wireways vertical or another enclosure beneath that will be vented. **Material costs and availability have been very unstable. We make every attempt to honor this price and have the materials on hand when needed but cannot predict when a material shortfall will affect a project. Thank you for understanding. *** Base Bid: $11,970 Thank you for the opportunity to send you our quote If you have questions on this proposal, feel free to contact Kendra at your convenience by email at kendra@vertexelectricmt.com or by phone at 406-595-5902. Thank you for your consideration, Kendra Casebolt 136 1 Burrup Lift Station Air Gap Installation Vertex Electric, Inc is pleased to submit this proposal for electrical services described in drawings dated 8/10/22 Included in Bid • Excavation and trenching for new conduits from wet well to ground box next to building. • Coring new penetrations in wet well (2-1 ½” and 2- ¾’”) • New Concrete ground box near building (non-traffic rated) • 36H x30 W x 20 D Hinged cover enclosure with sub-panel and lockable 3 point handle • (2) 12x12x36 Wireways for transition from ground box to enclosure • Terminals and power distribution blocks for transition from cables to conductors • EMT conduit from exterior box around interior to appropriate cabinet • Cord Grips for connection of cables to enclosure • Conductors for pump power in conduit from air gap enclosure to control panel. (Up to #6 AWG) • Twisted Shielded Pair for level instrumentation to control panel from Air Gap Enclosure • #14 AWG Conductors from Air Gap enclosure to control panel. • (2) 1 ½” EMT Conduits from air gap enclosure to control panel. • (2) 3/4” EMT Conduits from air gap enclosure to control panel • Set Screw Steel EMT fittings indoors • Removal of existing junction boxes and conduit Excluded from Base Bid • Stainless Steel enclosures • Disconnects or overcurrent devices • Floats and/or Level instrumentation • UL508A 137 2 Clarifications • Plans call for UL 508A for termination cabinet. If this is desired, please let me know • The transition from underground to above ground is a work in progress and can be discussed. The thought with this quote is to place either (2) wireways vertical or another enclosure beneath that will be vented **Material costs and availability have been very unstable. We make every attempt to honor this price and have the materials on hand when needed but cannot predict when a material shortfall will affect a project. Thank you for understanding. *** Base Bid: $10,895 Thank you for the opportunity to send you our quote If you have questions on this proposal, feel free to contact Kendra Casebolt at your convenience by email at kendra@vertexelectricmt.com or by phone at 406-595-5902. Thank you for your consideration, Kendra Casebolt 138 1 Loyal Gardens Lift Station Air Gap Installation Vertex Electric, Inc is pleased to submit this proposal for electrical services described in drawings dated 8/10/22 Included in Bid • Excavation and trenching for new conduits from wet well to ground box next to building. • Coring new penetrations in wet well (2-1 ½” and 2- 1’”) • New Concrete ground box near building (non-traffic rated) • 36H x30 W x 20 D Hinged cover enclosure with sub-panel and lockable 3 point handle • (2) 12x12x36 Wireways for transition from ground box to enclosure • Terminals and power distribution blocks for transition from cables to conductors • EMT conduit from exterior box around interior to appropriate cabinet • Cord Grips for connection of cables to enclosure • Conductors for pump power in conduit from air gap enclosure to motor control panel. (Up to #6 AWG) • Twisted Shielded Pair for level instrumentation to control panel from Air Gap Enclosure • #14 AWG Conductors from Air Gap enclosure to control panel. • (2) 1 ½” EMT Conduits from air gap enclosure to control panel. • (2) 1” EMT Conduits from air gap enclosure to control panel • Set Screw Steel EMT fittings indoors • Removal of existing junction box in wet well Excluded from Base Bid • Stainless Steel enclosures • Disconnects or overcurrent devices • Floats and/or Level instrumentation • UL508A 139 2 Clarifications • Plans call for UL 508A for termination cabinet. If this is desired, please let me know • The transition from underground to above ground is a work in progress and can be discussed. The thought with this quote is to place either (2) wireways vertical or another enclosure beneath that will be vented • Conduit sizes used are from plans. Alternate conduit sizes may suffice and show a savings. **Material costs and availability have been very unstable. We make every attempt to honor this price and have the materials on hand when needed but cannot predict when a material shortfall will affect a project. Thank you for understanding. *** Base Bid: $11,480 Thank you for the opportunity to send you our quote If you have questions on this proposal, feel free to contact Kendra Casebolt at your convenience by email at kendra@vertexelectricmt.com or by phone at 406-595-5902. Thank you for your consideration, Kendra Casebolt 140 1 Baxter Meadows Lift Station Air Gap Installation Vertex Electric, Inc is pleased to submit this proposal for electrical services described in drawings dated 5/2022 Included in Bid • Excavation and Trenching for new conduits from wet well to ground box next to building. • Coring new penetrations in wet well (3-1 ½” and 2- 1”) • New Concrete ground box near building (non-traffic rated) • 36H x30 W x 20 D Hinged cover enclosure with sub-panel and lockable 3 point handle • (2) 12x12x36 Wireways for transition from ground box to enclosure • Terminals and power distribution blocks for transition from cables to conductors • EMT conduit from exterior box around interior to appropriate cabinet • Cord Grips for connection of cables to enclosure • Conductors for pump power in conduit from air gap enclosure to CP-101 (Up to #6 AWG) • Twisted Shielded Pair for level instrumentation to CP-100 from Air Gap Enclosure • #14 AWG Conductors from Air Gap enclosure to CP-100 • (3) 1 ½” EMT Conduits from air gap enclosure to CP-101 • (2) 1” EMT Conduits from air gap enclosure to CP-100 • Set Screw Steel EMT fittings indoors Excluded from Base Bid • Stainless Steel enclosures • Disconnects or overcurrent devices • Floats and/or Level instrumentation • UL508A 141 2 Clarifications • Plans call for UL 508A for termination cabinet. If this is desired, please let me know • The transition from underground to above ground is a work in progress and can be discussed. The thought with this quote is to place either (2) wireways vertical or another enclosure beneath that will be vented • Conduit sizes used are from plans. Alternate conduit sizes may suffice and show a savings. **Material costs and availability have been very unstable. We make every attempt to honor this price and have the materials on hand when needed but cannot predict when a material shortfall will affect a project. Thank you for understanding. *** Base Bid: $13,450 Thank you for the opportunity to send you our quote If you have questions on this proposal, feel free to contact James Tex at your convenience by email at tex@vertexelectricmt.com or by phone at 406-600-0865. Thank you for your consideration, James Tex 142 Memorandum REPORT TO:City Commission FROM:Zeb Breuckman, SCADA Manager John Alston, Director of Public Utilities SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with HDR Engineering for the Bozeman Water Treatment Plant Power Quality Study MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with HDR Engineering for the Bozeman Water Treatment Plant Power Quality Study STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman Hyalite/ Sourdough Water Treatment Plant has motor control centers with surge protective devices connected to their mains that have been failing at an unusual rate. When these units fail, they fail open and leave the equipment unprotected from voltage transients. This study reviews the electrical systems power quality to determine a root cause of the premature failures. HDR has been selected to perform analysis of the power quality data because of the qualifications of the firm's local personnel. UNRESOLVED ISSUES:None ALTERNATIVES:As directed by the Bozeman City Commission. FISCAL EFFECTS:HDR will bill for its services on a time and expense basis not to exceed $11,401. Funding for the work is available from the water fund. Attachments: Professional Services Agreement with HDR for WTP Power Quality Transient Study.pdf Report compiled on: March 8, 2023 143 Professional Services Agreement for Bozeman WTP Power Quality Transient Study Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of March, 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, HDR Engineering, Inc, 2150 Analysis Drive, Suite A, Bozeman, MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor up the amount specified in the Scope of Services attached hereto as Exhibit A. 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, 7th 144 Professional Services Agreement for Bozeman WTP Power Quality Transient Study Page 2 of 11 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in 145 Professional Services Agreement for Bozeman WTP Power Quality Transient Study Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 146 Professional Services Agreement for Bozeman WTP Power Quality Transient Study Page 4 of 11 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: • 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. 147 Professional Services Agreement for Bozeman WTP Power Quality Transient Study Page 5 of 11 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 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 148 Professional Services Agreement for Bozeman WTP Power Quality Transient Study Page 6 of 11 Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Zeb Breuckman, SCADA 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 Jarrett Moran / HDR Project Manager 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 149 Professional Services Agreement for Bozeman WTP Power Quality Transient Study Page 7 of 11 directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position 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). 150 Professional Services Agreement for Bozeman WTP Power Quality Transient Study Page 8 of 11 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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 151 Professional Services Agreement for Bozeman WTP Power Quality Transient Study Page 9 of 11 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 152 Professional Services Agreement for Bozeman WTP Power Quality Transient Study Page 10 of 11 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA HDR Engineering, Inc. CONTRACTOR By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ Jared Harris Vice President 153 Professional Services Agreement for Bozeman WTP Power Quality Transient Study Page 11 of 11 APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 154 EXHIBIT A The City of Bozeman Hyalite/ Sourdough Water Treatment Plant has motor control centers with surge protective devices connected to their mains that have been failing at an unusual rate. When these units fail, they fail open and leave the equipment unprotected from voltage transients. This study reviews the electrical systems power quality to determine a root cause of the premature failures. Scope of Services: 1. Review of the existing system documents to determine system configuration. 2. Perform site visits and coordinate with an electrical contractor for connection of power quality analyzer and observe instantaneous readings during that time that may include voltage, frequency, waveform, phasor, and total harmonic distortion. Event triggers will be set to capture power quality events above the anticipated norm. 3. Prepare a report that discusses findings and possible recommendations. 4. Discuss the report with the City. Assumptions: 1. The City will hire a qualified and knowledgeable electrical contractor to setup and configure the power quality analyzer. It is anticipated that a Dranetz HDPQ-Plus power analyzer, or similar equipment, will be used for an estimated duration of one month. Electrical contractor to provide data to HDR in a windows-based format. Remote access would be preferred. Compensation: HDR Engineering, Inc. requests payment for services described in Exhibit A on a time and materials basis an amount not to exceed $11,401.00 without prior authorization by City. Time and material costs will be based on Contractor’s Direct Labor Cost times a factor of 3.2. 155 1 - Project Manager Engineer - Jarrett Moran2 - Engineer Electrical Sr - Eric Kennedy3 - Accountant - Paden KaufmanTotal Budget Task Task Description Status PJM13 EEL30 ACT03 TOTAL HOURS LABOR COSTS TOTAL COST 1.1 Review of the existing system documents / perform site visits and coordinate with an electrical contractor .1 2 3 698$ -$ Subtotal (including optional)1 2 0 3 698$ 698$ 2.1 Preparation of a report that discusses findings and possible recommendations / discuss with City .40 40 10,129$ -$ Subtotal (including optional)0 40 0 40 10,129$ 10,129$ 3.1 Project Management .2 2 4 574$ -$ .-$ -$ Subtotal (including optional)2 0 2 4 574$ 574$ Total (including optional)3 42 2 47 11,401$ 11,401$ Task 1 Data Collection / Site Visit(s) Task 2 Report Task 3 Project Management HDR 156 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer Shawn Kohtz, City Engineer Nick Ross, Director of Transportation & Engineering SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement for the Materials Testing Term Contract with Morrison- Maierle, Inc. for the Purpose of Obtaining Materials Testing on Various City Projects for the 2023 Construction Season MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve and authorize the City Manager to sign amendment No. 1 to the professional services agreement for the Materials Testing Term Contract with Morrison-Maierle, Inc. for the purpose of obtaining materials testing on various City projects for the 2023 construction season STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:In 2014 the City began retaining a consultant to provide construction materials testing on all our construction projects. We are currently in our 2nd year of a 3-year term contract with Morrison-Maierle, Inc. to provide materials testing services. The proposed amendment updates Morrison- Maierle’s billing rates for the 2023 calendar year. This amendment will add work to our existing contract. Engineering staff have reviewed the amendment and found it to be commensurate with the work involved. UNRESOLVED ISSUES:Non ALTERNATIVES:As Suggested by the commission FISCAL EFFECTS:As described in Attachment 1 to the amendment, materials testing services will be billed by a combination of unit costs and hourly rates depending on the test being performed with a cost not to exceed limit of $132,000 which is the remaining budget from our professional services contract. The testing will be paid for with approved funding from each associated project which receives materials testing Attachments: PSA Amendment No 1.docx 157 2023 Standard Rates - Summary Schedule.pdf 22- Professional Services Agreement - Morrison Maierle - Materials Testing.pdf Report compiled on: February 28, 2023 158 First Amendment to Professional Services Agreement for 2022 CIPP Projects Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Materials Testing Term Contract dated June 28, 2022 (the “Agreement”) is made and entered into this _____ day of ____________, 2023, by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Morrison- Maierle, Inc. 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. Addition to Payment. Unit Rate Schedule (Attachment 1) has been added to the payment provisions. 2. Agreement still valid. All remaining terms and provisions of the original Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 159 First Amendment to Professional Services Agreement for 2022 CIPP Projects 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 MORRISON-MAIERLE, INC. By________________________________By_____________________________ Jeff Mihelich, City Manager Print Name: Travis Eickman Title:Bozeman Office Operations Manager APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 160 Standard Billing Rate Schedule Effective ThruJune 30, 2023 Standard Rate Overtime Rate Engineer Supervising Engineer V 265.00 265.00 Supervising Engineer IV 259.00 259.00 Supervising Engineer III 238.00 238.00Supervising Engineer II 227.00 227.00Supervising Engineer I 216.00 216.00Senior Engineer II 200.00 200.00Senior Engineer I 183.00 183.00Design Engineer II 172.00 172.00Design Engineer I 159.00 159.00 Engineer Intern II 138.00 138.00 Engineer Intern I 121.00 121.00 Planner Supervising Senior Planner 218.00 218.00Senior Planner 181.00 181.00Planner III 147.00 147.00 Planner II 134.00 134.00 Planner I 117.00 117.00 Scientist Supervising Environmental Scientist 227.00 227.00Environmental Scientist III 181.00 181.00Environmental Scientist II 138.00 138.00 Environmental Scientist I 117.00 117.00 Environmental Technician 103.00 103.00 Supervising Geologist 245.00 245.00Senior Geologist 216.00 216.00Geologist III 186.00 186.00Geologist II 159.00 159.00Geologist I 136.00 136.00 Designer and Technician Senior Communications Designer 221.00 221.00Communications Designer 121.00 121.00CAD Designer III 151.00 151.00CAD Designer II 139.00 139.00CAD Designer I 129.00 193.00CAD Tech III 126.00 190.00CAD Tech II 108.00 162.00 CAD Tech I 95.00 143.00 Senior Engineering Technician 178.00 178.00Engineering Technician 121.00 121.00 Resident Project Representative Senior Resident Project Representative 170.00 170.00Resident Project Representative III 161.00 161.00 Resident Project Representative II 143.00 143.00 Resident Project Representative I 122.00 183.00 Administrative Administrative Manager 122.00 122.00Administrative Coordinator III 113.00 113.00Administrative Coordinator II 107.00 160.00Administrative Coordinator I 87.00 131.00 Project Coordinator III 110.00 110.00 Project Coordinator II 99.00 149.00Project Coordinator I 89.00 133.00Technical Intern 83.00 125.00Senior Communication Specialist 124.00 124.00Graphic Designer 103.00 103.00Health & Safety Administrator 136.00 136.00 Survey Senior Survey Manager 219.00 219.00Survey Manager 171.00 171.00Land Surveyor IV 164.00 164.00Land Surveyor III 153.00 153.00Land Surveyor II 140.00 140.00Land Surveyor I 130.00 130.00Remote Sensing Specialist II 145.00 145.00 Remote Sensing Specialist I 135.00 135.00 Survey Technician IV 125.00 125.00Survey Technician III 111.00 167.00Survey Technician II 95.00 143.00Survey Technician I 78.00 117.00 Expert Witness Recommended rate for expert witness services (depositions and/or time in court) is charged at an hourly rate of 150-200% of the standard billing rate. 12/21/2022 161 Professional Services Agreement for [Material Testing Term Contract] 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, __Morrison-Maierle, Inc., 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 _30_ day of ___June___, 2025, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay 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 DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 June 228 162 Professional Services Agreement for [Material Testing Term Contract] Page 2 of 11 Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 163 Professional Services Agreement for [Material Testing Term Contract] Page 3 of 11 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 164 Professional Services Agreement for [Material Testing Term Contract] Page 4 of 11 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:  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. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 165 Professional Services Agreement for [Material Testing Term Contract] Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 166 Professional Services Agreement for [Material Testing Term Contract] Page 6 of 11 c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be __Kellen Gamradt____ 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 DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 167 Professional Services Agreement for [Material Testing Term Contract] Page 7 of 11 purpose of this Agreement shall be _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 168 Professional Services Agreement for [Material Testing Term Contract] Page 8 of 11 Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 169 Professional Services Agreement for [Material Testing Term Contract] Page 9 of 11 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 170 Professional Services Agreement for [Material Testing Term Contract] Page 10 of 11 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of two years by written agreement of the Parties. In no case, however, may this Agreement run longer than ___June 30, 2027____________. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 171 Professional Services Agreement for [Material Testing Term Contract] 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 DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 Morrison-Maierle, Inc. Travis Eickman Bozeman Operations Manager 172 Scope of Services and Fee – 2022 Material Testing Page 1 of 2 EXHIBIT A Material testing is to be performed in compliance with the City of Bozeman’s Design Standards and Specification Policy for soils, aggregates, concrete, and asphalt. Material testing is to be provided based on an on-call basis for the projects listed below and other projects that may be identified over the course of the construction season. Anticipated 2022 Projects  Story Mill and Bridger Drive Intersection  South 6th Ave Street Reconstruction (Babcock to Cleveland)  North 7th Ave Water Main Improvement (Oak to Juniper)  Annual Street Improvements  Annual Curb Improvements  Griffin Drive Street Reconstruction (Maus to Bridger Drive)  Cottonwood (Oak to Baxter)  Downtown Sewer Renovations The City or City’s consultant will be providing a Resident Project Representative (RPR) that will be responsible for contacting Morrison Maierle to schedule testing for the various projects and to outline testing locations and frequencies. Morrison Maierle will provide a contact person and backup contact person for the RPRs to contact. Results of failed tests will be provided to the RPR upon the conclusion of the test. All testing results will be summarized in a weekly report specific to each project and will be provided to the RPR and the City. Testing is to be provided at the rates listed on the Laboratory Rate Schedule, Labor Rate Schedule and Expense Rate Schedule provided below. These schedules are subject to annual adjustments. Laboratory Rate Schedule Test Rate per Test Proctor – AASHTO T180 – Material less than 3” $420 Sieve Analysis – AASHTO T27 (ASTM C136) – Materials less than 3” (less than #4 washed) $185 Sieve Analysis – AASHTO T27 (ASTM C136) – Materials 3” to 4” (less than #4 washed) $450 Atterberg Limits - AASHTO T89, T90 (ASTM D4318) $180 Concrete Cylinders – Strength Test – 4” Cylinders $160 per set of 4 Asphalt Core - Thickness and Density $90 per set of 3 Laboratory rate includes labor and expenses for testing and reporting once the sample is delivered and cataloged into the lab for processing. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 173 Scope of Services and Fee – 2022 Material Testing Page 2 of 2 Labor Rate Schedule Classification Rate per Hour Technical Intern ** $77 Administrative Coordinator I ** $81 Project Coordinator II ** $102 Engineer Intern I $112 Resident Project Representative I ** $113 Engineer Intern II $128 Resident Project Representative II $132 Senior Engineer I $169 Senior Engineer II $185 Supervising Engineer III $220 ** Rate subject to time and one half for overtime. Expense Rate Schedule Expense Rate Nuclear Density Meter $10/hour or $35/day Vehicle $0.773/mile Asphalt Coring and Generator Equipment $160/day Asphalt Coring (if outside service used) Cost plus 5% Asphalt Lab Testing (outside service) Cost plus 5% Miscellaneous Expenses Cost plus 5% Budget The total budget for testing is $220,000 for the 2022 season. Actual effort will be billed per the rate schedules and will be dependent on the amount of testing requested. END DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 174 City of Bozeman Material Testing 2021 SeasonProjectEstimated EffortS 6th Avenue Street reconstruction from Babcock to Cleveland (including new water, sewer, and storm) 40,000.00$                                N 7th Avenue Water Main improvements from Oak to Juniper Street15,000.00$                                Street Improvements25,000.00$                                Story/Bridger Intersection30,000.00$                                Griffin Drive20,000.00$                                Curb Improvements5,000.00$                                   Cottonwood (Oak to Baxter)50,000.00$                                Downtown Sewer Renovations20,000.00$                                Unlisted Project15,000.00$                           Total220,000.00$                             DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02175 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer John Alston, Director of Utilities SUBJECT:Authorize the City Manager Sign an Amendment 1 to Grant Agreement ACT- 21-011C between the City and Montana Department of Natural Resources and Conservation MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager Sign Amendment No. 1 to Grant Agreement ACT-21-011C between the City and Montana Department of Natural Resources and Conservation. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The Montana Department of Natural Resources and Conservation and the City entered into a grant agreement ACT-21-011C in November 2021 through the Montana Forest Action Plan grant program to conduct fuels management activities on City-owned land in the Sourdough Creek municipal watershed. The grant award is in the amount of $111,384 with an original termination date of September 30, 2023. The attachment Amendment No. 1 to the original grant agreement extends the termination date to August 15, 2024. No other modifications to the original agreement are being made. The extension is necessary to accommodate the anticipated work schedule for the Ph 3 Sourdough Fuels Reduction Project for which the grant money is being utilized. Said project calls for thinning by hand crews of small diameter fuels within remaining untreated timber stands surrounding the Sourdough municipal water supply intake as well as residual slash treatment from helicopter fuels removal completed Fall 2021. Residual slash and small diameter fuels will be cut and piled this spring or summer for burning during suitable fall or winter weather conditions. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:None. Attachments: 176 Please_DocuSign_DNRC_Agreement_ACT-21-011C_Am.pdf Report compiled on: March 6, 2023 177 Page 1 of 2 AMENDMENT #1 TO GRANT AGREEMENT #ACT-21-011C between CITY OF BOZEMAN and MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION FORESTRY DIVISION This Amendment #1 to Grant Agreement No. ACT-21-011C, hereinafter called “Amendment #1”, is made and entered into between the Montana Department of Natural Resources and Conservation, Forestry Division, 2705 Spurgin Road, Missoula, MT 59804, hereinafter called the “DNRC”, and City of Bozeman, PO Box 1230, Bozeman, Montana 59771-1230, hereinafter called the “Grantee”. Except to the extent amended by this Amendment #1, Grant Agreement No. ACT-21-011C remains fully in effect. The parties to this Amendment #1, in consideration of the mutual covenants and stipulations, and pursuant to Section 16, Assignment and Amendment, agree to amend the following section of Grant Agreement No. ACT-21-011C as follows: SECTION 2. TERM is hereby deleted and the following inserted in its place: “SECTION 2. TERM. This Grant Agreement is effective on the date of last signature. The Grantee shall have until August 15, 2024, to complete the project and work described in Section 4, Project Scope. The DNRC may, pursuant to Section 18, Agreement Renewal, grant FOR DNRC USE ONLY Agreement # ACT-21-011C Maximum amount under this Grant Agreement: $111,384.00 Amendment # 1 Source of Funds Approved by State of Montana: Fire Suppression Fund Fiscal LP Legal MP Program EW Fund Subclass Org Percent Amount Expiration Amendment 02847 555SU 5017421 100% $111,384.00 See Sect. 2 #1 via DNR21-068 Workers Comp X N/A Attached Exempt Will be forwarded DocuSign Envelope ID: 28C63E27-C3BD-44A0-A561-576BD6614FDF In Process 178 Page 2 of 2 an extension for completion upon request and showing of good cause by the Grantee. Good cause is defined as external factors preventing the Grantee from completing the work, including but not limited to, wildland fire, extensive and prolonged inoperable weather conditions, forest closure, the assignment of employees or a contractor to the suppression of a wildland fire, or variations in project scope and/or landowner participation. A request for extension must be submitted in writing thirty (30) days prior to the termination date if an extension is to be considered by DNRC.” This Amendment #1 is effective on the date of last signature. This Amendment #1 consists of two (2) pages. One original is to be retained by the DNRC and one original is to be retained by the Grantee. A copy of the original has the same force and effect for all purposes as the original. ________________ By: ________________________________________ Date Grantee’s Authorized Representative ________________ By: ________________________________________ Date Department of Natural Resources & Conservation DocuSign Envelope ID: 28C63E27-C3BD-44A0-A561-576BD6614FDF In Process 179 Certificate Of Completion Envelope Id: 28C63E27C3BD44A0A561576BD6614FDF Status: Sent Subject: Please DocuSign DNRC Agreement ACT-21-011C Amendment #1 Source Envelope: Document Pages: 2 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials: 0 Kyrsten Martin AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 1539 11th Avenue Helena, MT 59601 kyrsten.martin@mt.gov IP Address: 161.7.39.7 Record Tracking Status: Original 3/2/2023 1:19:36 PM Holder: Kyrsten Martin kyrsten.martin@mt.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Montana Dept of Natural Resources & Conservation Location: DocuSign Signer Events Signature Timestamp Brian Heaston bheaston@bozeman.net Security Level: Email, Account Authentication (None) Sent: 3/2/2023 1:24:44 PM Viewed: 3/6/2023 10:58:32 AM Electronic Record and Signature Disclosure: Accepted: 3/6/2023 10:58:32 AM ID: 05961514-0617-455e-b375-974a62e085d7 Erik Warrington EWarrington@mt.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/29/2021 9:57:36 AM ID: 1d0f45d7-f9d7-4908-88b1-129d2b219653 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp DNR HQT FSO AP dnrhqtfsoap@mt.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp In Process 180 Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/2/2023 1:24:44 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure In Process 181 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Montana Dept of Natural Resources & Conservation (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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In Process 184 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 an Amendment 1 to the Professional Services Agreement with KLJ Engineering for Engineering Services Related to the Aspen Street Pedestrian Bridge and Sidewalk MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a first amendment to the professional services agreement with KLJ Engineering for services related to the Aspen Street Pedestrian Bridge and sidewalk. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:On December 8, 2020 the City Commission authorized the original professional services agreement with KLJ engineering for the completion of the design for the Aspen Street Pedestrian Bridge. Since that time, the design work has been completed and the project is moving forward into construction. KLJ engineering has already done significant work on the design elements of the bridge during past work plans. This amendment to the professional services agreement would allow KLJ Engineering to complete the project. As detailed in Exhibit A to the amended professional services agreement, KLJ will provide project management, floodplain modeling, permitting, construction services, construction staking, and project closeout services. The Aspen Street Pedestrian Bridge would improve non-motorized vehicle connectivity in the neighborhood and further encourage bike and pedestrian traffic in the neighborhood. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:The Fiscal Year 2023 work plan for the Northeast Urban Renewal District includes money to complete the of the Aspen Street Pedestrian Bridge. The 185 bridge has been a priority of the neighborhood since the Fiscal Year 2011 work plan. The estimated cost of completion is $37,900.90. The Northeast Urban Renewal District Tax Increment Fund is the source of funding for this project. Attachments: 23- Amendment to PSA with KLJ for Aspen Street Ped Bridge with exhibit.pdf Report compiled on: March 1, 2023 186 1st Amendment to Professional Services Agreement for Aspen Street Pedestrian Bridge FY 2023 – FY 2024 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS 1ST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Engineering services for an Aspen Street Pedestrian Bridge dated December 8, 2020 (the “Agreement”) is made and entered into this _____ day of ____________, 2023, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and KLJ Engineering, 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 extension and will terminate December 31, 2023. 2. Addition to Scope of Work. This amendment will expand the scope of work for this contract to include services related to providing construction phase services as outlined in the scope of work attached as 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 **** 187 1st Amendment to Professional Services Agreement for Aspen Street Pedestrian Bridge FY 2023 – FY 2024 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA KLJ ENGINEERING By________________________________ By_____________________________ Jeff Mihelich, City Manager Luke LaLiberty Associate Vice President APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 188 February 13, 2023 Mrs. Jesse DiTommaso Economic Development City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 Re: Aspen Street Pedestrian Bridge Construction Administration & Floodplain Permitting Mrs. DiTommaso: Please find enclosed our proposed scope of services related to the above referenced project with estimate of man hours and fee included. This scope generally includes services related to providing construction phase services. Please review the enclosed scope to confirm that we are providing the services that meet your expectations. Please keep in mind this is a draft proposal, and we anticipate you may have suggestions, clarification or revisions that require adjustments. Following your review, please let me know how our proposed scope and fee aligns with your expectations and if there are any modifications you desire before executing an Agreement. We are editing the standard agreement form to insert our proposed scope of services as an Exhibit C attachment to replace some of the scope language in the standard form. We will email you the agreement with proposed edits as soon as possible. Thank you for this opportunity. We are very excited to work with you and the City Engineering team again on this project. We look forward to hearing from you following your review. Sincerely, KLJ Michael Hinshaw, PE Project Manager Enclosure(s): Exhibit C – Proposed Scope of Services Project #: 2104-01018 cc: File 189 EXHIBIT C ENGINEERING SCOPE OF WORK The project includes providing professional services in connection with floodplain modeling and construction management and inspection services for the Aspen Street Pedestrian Bridge. The scope of Engineer’s services is based on modeling the corresponding floodplain area, construction management and inspection, and project closeout documentation. The ENGINEER is to provide the following services, related to the various phases of the project as listed in Part 1 below: PART 1 – BASIC SERVICES A1.01 Project Management 1. Plan, organize, control and monitor KLJ project team in delivery of project scope. 2. Provide project invoicing in accordance with contract terms. 3. Provide periodic status updates to City’s project engineer at City’s request. 4. Coordinate with City’s project engineer to resolve any conflicts, problems, etc. that may arise during construction. Assumptions: Provide status updates to City Staff on a monthly basis. A1.02 Floodplain Modeling 1. Prepare joint application. 2. Review construction drawings. 3. Review existing FEMA HEC-RAS model and add cross-sections at existing bridge location. 4. Model proposed bridge conditions. 5. Complete no-rise analysis. A1.03 Permitting 1. KLJ will work with Gallatin County to obtain floodplain permitting approval from the county for this project. Assumptions: City will be responsible for all fees or reimburse KLJ for all fees related to floodplain permitting in Gallatin County 190 A1.04 Construction Services 1. Provide Contract Administration Services consisting of the following tasks: a. Conduct one (1) pre-construction meeting with awarded contractor. b. Review and approve project submittals/shop drawings for materials incorporated in the Work. c. Review and recommend approval/rejection of authorized changes in the Work. d. Provide Work Change Directives, Change Orders, etc., as necessary, for execution of authorized changes in the Work. e. Review and recommend payment for Contractor’s Applications for Payment. f. Review and approve actual quantities and classifications of Unit Price Work performed by the Contractor. g. Conduct a site visit by Engineer of Record during placement of the prefabricated truss. h. Administer the Project’s Contract Documents and make recommendations on Contract requirements and acceptability of Work. i. Determine Project Substantial Completion. j. Prepare Project punch list noting deficiencies and/or corrections in the Work required prior to final completion. k. Provide final inspection of the Work. l. Attend the Pre-Pave and Final Walk-Through with Contractor and City. m. Maintain Project Records. 2. Construction Staking Listed below is the proposed construction staking that will be provided by KLJ surveyors. Each item will be a one-time staking fee. Any re-staking of previously staked items will be charged to the contractor on a one time labor and materials basis of $200 per crew hour. Particulars of offset distances or directions to be agreed upon between KLJ surveyors and the selected contractor. 1. Sidewalks a. Stake offsets to horizontal alignment of concrete sidewalk. b. Stake offsets to horizontal alignment of gravel pedestrian trail including flared transition points. 2. Bridge Abutment Offsets a. Stake offsets to centerline of bridge abutments. b. Provide cut/fill elevations to bottom of footing. c. Provide cut/fill elevations to finish grade elevation to bridge deck. 3. Bridge Abutment Checks a. Prior to pouring concrete, horizontal and vertical checks performed to concrete forms. b. As-surveyed information to be provided to contractor and owner’s representative. 191 3. Provide Construction Observation Services consisting of the following tasks: a. Provide full time onsite construction review representative to observe the Work as described in the Project’s contract documents. Full time review is limited to the timeframe between contractor’s Notice to Proceed date to the Substantial Completion date not including change orders or schedule adjustments. b. Provide periodic onsite construction review after date of Substantial Completion, as appropriate for Work being performed until final completion is achieved. c. Provide periodic onsite construction review after date of Substantial Completion, as appropriate for Work being performed until final completion is achieved. d. Conduct weekly construction meetings with Contractor aligned with above- described construction review periods. e. Coordinate with contractor and City’s materials testing consultant to schedule Quality Assurance (QA) testing and observe and monitor QA testing to ensure Work is constructed in accordance with the Project’s Contract Documents. Assumptions: Task hours estimated based on 60 calendar day construction contract to substantial completion. Overtime and/or weekend hours not included in estimate. Cost of overtime and weekend hours will be specified in the Project Manual to be the responsibility of the contractor. A1.07 Project Closeout 1. Prepare and provide project closeout binder to City containing all documentation in accordance with City’s Design Standards and Specifications Policy. 2. Prepare and provide Project Record Drawings to the City in accordance with City requirements. The scope is based on Owner providing the following:  Payment for all application fees, if required, for regulatory and utility agency review/approval.  Review, comment and approve project design submittals from Engineer and provide prompt decisions and responses to questions to minimize delay in the progress of Engineer’s work. PART 2 – ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner’s Written Authorization 1. ENGINEER’S scope of services is explicitly limited to those described in Part 1 above. If authorized in writing by Owner, Engineer may furnish or obtain from others Additional Services of the types listed below. 192 a. Re-design or modifications to design of current City and plans. b. Continued construction management services beyond Contract Time defined in City approved Project Manual. A2.02 Additional Services Not Requiring Owner’s Written Authorization 1. For such Additional Services listed below, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. a. Additional meetings and/or site visits as requested by owner PART 3 – FEE ESTIMATE A3.01 Tasks will be performed on a direct labor cost times a multiplier, in accordance with Part 6.2 of the Agreement, for the estimated fee detailed in the table below. Reimbursable expenses will be billed for actual costs incurred in accordance with Part 6.2.2 of the Agreement, for the estimated fee detailed below. 193 # Task Mike Hinshaw, PE PM/CA Christopher Agro, PE Structural Engineer Daniel Richardson, PE, CFM Floodplain Tim Kroehler, EIT Design Jayme Crippen Project Assistant Justin Stefanik, PLS Professional Land Surveyor Logan Berg, PE Construction Engineer Total Hours Subconsultant Fees Labor Cost $221.00 $173.40 $197.20 $119.00 $68.00 $163.20 $173.40 Task 3: Floodplain Modeling 3.01 Property Owner’s List 2 2 $ 136.00 3.02 Joint Application 5 5 $ 595.00 3.03 Drawings 2 2 $ 238.00 3.04 Written Response 5 5 $ 595.00 3.05 Topo Map 1 1 $ 119.00 3.06 Hydraulic Model 15 15 $ 1,785.00 3.07 Certification 1 1 $ 221.00 3.08 Cross Sections 4 4 $ 476.00 3.09 Import Floodplain Shapefiles 4 4 $ 476.00 3.10 QA/QC 2 2 $ 394.40 3.11 Review Comments and Respond 4 4 $ 476.00 Task 4: Design Work 4.1 Updated Design 3 11 14 $ 1,873.50 Task 5: Construction 5.01 Sidewalk Inspection 12 12 $ 1,734.00 5.02 Bridge Inspection 60 60 $ 1,768.00 5.03 Structural Inspection 20 20 $ 10,472.00 5.04 Precon 2 4 6 $ 6,256.00 5.05 Submittals 10 8 18 $ 4,229.60 5.06 Questions 4 4 8 $ 1,577.60 5.07 Pay Apps 4 4 8 $ 1,387.20 5.08 Final Punch List 2 2 $ 4,161.60 5.10 Material Testing - $ 2,500.00 - 5.11 Survey 20 20 $ 4,229.60 5.12 PM 8 8 $ 5,460.40 SUBTOTAL 14 38 2 40 2 20 105 221 $ 2,500.00 $ 35,400.90 TOTAL 221 $ 37,900.90 194 Reimbursable Expenses (if applicable) Quantity Rate Cost ATV, UTV, Snowmobile Included in Hourly Rate Survey Equipment Included in Hourly Rate CAD and GIS Work Station Included in Hourly Rate Postage and Routing Printing Cost Included in Hourly Rate Mileage Included in Hourly Rate Special Equipment/Software Per Project Basis Subsistence (Per Diem) - Lodging Actual Cost Subsistence (Per Diem) - Meals Actual Cost Misc. Project Related Expenses Cost plus 20% Sub-Contracts Cost plus 20% CAD Plotter (In-House) Xerox; Black and White $0.30/SF Bond $0.90/SF Mylar 160 SF $3.00/SF $480.00 195 Memorandum REPORT TO:City Commission FROM:Scott McMahan, Information Technology Director SUBJECT:Authorize the City Manager to Sign an Avolve ProjectDox ePlan Software Phase 2 Implementation Agreement MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the 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 city to expand it's use of the Avolve Software platform to enhance efficiency in the review process for curb cuts, street cuts, encroachments, parades and other permit types. UNRESOLVED ISSUES:None ALTERNATIVES:Continue to use the manual processes we currently use to issue, track and approve these types of permits FISCAL EFFECTS:This project has a cost of $111,450.00 dollars. The funds for this project are in the FY23 budgets of Engineering, and Community Development. Attachments: Quote & SOW - More Workflows & OAS Forms - Bozeman MT 2023-02-27.pdf Report compiled on: March 8, 2023 196 01052023 Page 1 of 12 Quote Delivered To Scott McMahan IT Director City of Bozeman, MT smcmahan@bozeman.net Date of Quote: 2/1/2023 Quote Valid Until: 3/30/2023 ProjectDox ePlan Solution Pricing Agreement PROFESSIONAL SERVICES – ENGINEERING WORKFLOWS & FORMS Product Name Product Code Description Qty Unit Price Total Price Best-in-Class Level 1 ProjectFlow PLUS Services PS-225 Professional Services for an Engineering Workflow (Public Works) 136 hours $225.00 $30,600.00 Professional Services PS-225 Professional Services for Engineering Workflow (Encroachment & Other Types) 45 hours $225.00 $10,125.00 OAS Advanced eForm Services PS-225 Professional Services for OAS Advanced Form >75 fields to 150 fields –intelligent conditional entry/display 48 hours $225.00 $10,800.00 Professional Services Sub-Total: $51,525.00 PROFESSIONAL SERVICES – BUILDING WORKFLOWS & FORMS Product Name Product Code Description Qty Unit Price Total Price Best-in-Class Level 2 ProjectFlow PLUS Services PS-225 Professional Services for an Over-the-Counter Plan Review Workflow 100 hours $225.00 $22,500.00 Professional Services PS-225 Professional Services for Standalone Permit Workflow 10 hours $225.00 $2,250.00 OAS Advanced eForm Services PS-225 Professional Services for OAS Advanced Form >75 fields to 150 fields –intelligent conditional entry/display 24 hours $225.00 $5,400.00 OAS eForm Paper to eForm Services PS-225 Professional Services for an OAS Simple Form < 75 fields and intelligent conditional entry/display 6 hours $225.00 $1,350.00 Professional Services Sub-Total: $31,500.00 PROFESSIONAL SERVICES - PLANNING Product Name Product Code Description Qty Unit Price Total Price OAS eForm Paper to eForm Services PS-225 Professional Services for an OAS Simple Form < 75 fields and intelligent conditional entry/display 6 hours $225.00 $1,350.00 Professional Services Sub-Total: $1,350.00 197 01052023 Page 2 of 12 PROFESSIONAL SERVICES – FINANCIAL GUARANTEE Product Name Product Code Description Qty Unit Price Total Price OAS eForm Paper to eForm Services PS-225 Professional Services for an OAS Simple Form < 75 fields and intelligent conditional entry/display 6 hours $225.00 $1,350.00 Best-in-Class Level 3 ProjectFlow CORE Services PS-225 Professional Services for Financial Guarantee Workflow 34 hours $225.00 $7,650.00 Professional Services Sub-Total: $9,000.00 TRAINING SERVICES Product Name Product Code Description Qty Unit Price Total Price Custom Applicant Recorded Training Consulting TES-CUST Consulting provided by the Avolve Training and Education team to assist in creation and content for a recorded Applicant video focusing on the application and overall plan review processes. 8 hours $225.00 $1,800.00 Workflow & Markup Training for Reviewers TES-WF.MU.R Instructor led lecture, demonstration, and hands-on activity to learn the workflow review process and Viewer tools and features. Course participation is estimated at 6 hours. 2 courses $3,350.00 $6,700.00 Workflow & Project Administration for Coordinators/Admins TES-WF.PA.CA Instructor led lecture, demonstration, and hands-on activity to teach coordinating and administrative staff the e-plan review process using ProjectDox, ProjectFlow eForms and associated administrative tools. Course participation is estimated at 6 hours 1 course $3,575.00 $3,575.00 Training Services Sub-Total: $12,075.00 Unless otherwise stated, pricing does not include any applicable taxes that may be applied at invoicing. Travel and Expenses are not included in this total and will be invoiced as incurred. The City will be invoiced monthly at an hourly rate of $225.00 for professional services delivered the previous month. Each Services invoice will have a short description of each time entry along with a Time Tracking worksheet. Payment is due net thirty (30) days from the date of the invoice. Payment via EFT. Grand Total: $105,450.00 Notes: EFT Remittance: Avolve Software / Compass Bank Routing #: 122105744 Account #: 2519753300 NAME: ________________________________________________ TITLE: ________________________________________________ SIGNATURE: __________________________________________ DATE:________________________________________________ 198 01052023 Page 3 of 12 Electronic Document Management & Collaboration Solution Proposed Statement of Work 21001 N Tatum Blvd, Ste 1630-503, Phoenix, Arizona 85050 Phone: 602.714.9774 www.avolvesoftware.com 199 01052023 Page 4 of 12 EXECUTIVE SUMMARY This Statement of Work will focus on implementation of ProjectDox Best in Class workflows addressing the Customer’s needs for additional plan review processes and OAS application forms. This includes new workflows for Engineering (2), Building (2) and Planning/Financial Guarantee (1) as well as OAS forms in several application types as detailed in the above quote. We will leverage Avolve best practices and built-in configuration and modifications features, to meet the most effective functionality required to achieve the highest business value for the customer (the "Project"). SCOPE OF WORK PHASE 1 SETUP The project kickoff will be scheduled between Avolve Software and the customer to start the project and begin the creation of the project schedule for the purchased workflows and OAS forms. Additional activities will include the development and acceptance of the project plan and identification of one 30-minute weekly status call to occur each week over this estimated 18-week project. PHASE 2 CONFIGURATION & INTEGRATION The Avolve project manager will work with the Customer to schedule configuration workshop sessions with the Customer project team to complete the Configuration Worksheet and complete the base setup using standard templates and design to expedite the project while providing the best business value for the below workflows. This includes one 6-hour session to cover each workflow. • Engineering (Public Works) • Engineering (Encroachment & Other Types) • Building – Over the Counter • Building – Standalone Permit • Planning-Financial Guarantee The following OAS forms are in scope, but the number of forms may be adjusted, depending on the complexity and design decisions made by the Bozeman team and Avolve Project Manager. The number of hours associated to each form is flexible, however, there is total number of hours associated to the project that may not be exceeded. The scope includes the following forms: • Engineering – 2 Advanced forms • Building – 1 Advanced form, 1 Simple form • Planning – 1 Simple form • Planning/Financial Guarantee – 1 Simple form INTEGRATION: The new Engineering OAS forms will only integrate with ProjectDox directly and not through NaviLine as Engineering does not integrate with NaviLine. 200 01052023 Page 5 of 12 The new Building OAS forms would need to be integrated to NaviLine as Building is currently today to create a permit number and pass to ProjectDox for workflow creation and payment processing (through Click2Gov as is done in other workflows). The new Planning and Financial Guarantee OAS forms will only integrate with ProjectDox directly and not through NaviLine (as there is no direct integration with NaviLine for Planning). PHASE 3 PROJECT TEAM TRAINING As there are no new users associated with the additional workflows and OAS forms that are not currently using ProjectDox and OAS today, no additional training is scoped or required as part of this effort. Should additional training be desired and needed, a separate Change Request and funding would need to be provided. PHASE 4 ACCEPTANCE TESTING Integration Unit Testing (IUT) The Integration Unit testing phase is conducted over a 5-business day per period that includes the delivery of the designed process, validation of the design by the Customer and resolution to design issues by Avolve before starting the next sprint. The Avolve team will provide guidance to the Customer on methods to test the designed process and system meeting with the customer to work towards acceptance of the designed integrated product. Customer will validate the integration and document any identified issues in the Tracking Log document provided by the Avolve project manager. Avolve will resolve any identified issues to allow the customer retest to gain acceptance.   End to End User Acceptance Testing The Avolve project manager will meet with the Customer to assist in the review and issue resolution for the functional end-to-end system. This phase is conducted over a 5-business day period and will allow the Customer to test and validate the full design of the system and the designed workflow(s). Any identified issues shall be added to the Tracking Log document provided by the Avolve project manager. Avolve will resolve any identified in scope issues to allow the customer to retest to gain acceptance. Completion and acceptance of the testing will initiate the promotion of the code from the Production system to the Test system to prepare for go-live training. • Setup of Test Environment • Code Promotion from Production to Test PHASE 5 TRAINING Training courses will be delivered as scoped in the above Sales Order. In addition, the Bozeman team would like to put together an applicant training/marketing video that could be replayed in a couple of “live” sessions and then provided as needed for future applicants by the City. The quote includes 8 hours of consulting time from an Avolve Training resource that will assist the Bozeman team in content and best practice for putting together and recording the video. 201 01052023 Page 6 of 12 PHASE 6 GO LIVE/LAUNCH The Avolve project manager will assist the customer with any product related errors or questions regarding the software for a period of 30-business days post go-live utilizing any remaining Professional Services hours associated with the project. After the 30-business day go-live period the project will be considered complete, and the customer shall be introduced and transitioned to the Avolve support team. The extension of support from the project manager can be extended with the purchase of Client Success Subscription Services Program. • Go-Live • Transition to Support ACCEPTANCE PROCESS There will be Key Deliverables within the identified phases of the project as identified in the Project Activities/Deliverables Schedule which will be subject to acceptance by the Customer ("Acceptance"). Upon completion of each Key Deliverable, Avolve will request from the Customer a written response/acceptance within five (5) business days after receipt thereof. Notwithstanding the foregoing or anything to the contrary in the Purchase Agreement, all other Deliverables provided under this Statement of Work shall be deemed to have been accepted by the Customer upon delivery. If Customer does not approve, reasons for rejection must be clearly noted. Avolve will then work with the Customer to come to agreement on obtaining approval. The Customer shall be deemed to accept any such Key Deliverable which the Customer does not accept or reject within such period. This acceptance will initiate the invoice of the milestone, if applicable. AVOLVE PROJECT PLAN AND PROCESS Promptly following execution of this Statement of Work, the parties shall meet to discuss the general project schedule, which will be organized around the standard Avolve project On-Boarding process. Within 2 weeks, the initial project plan will be created and sent to the Customer. The Project Plan contains a schedule, a list of tasks in a schedule format, assignments of specific team members over specific times and communication status reporting processes. The Project Plan is a living document that will be reviewed throughout the term of this Agreement and may be adjusted as reasonably necessary, as agreed to from time to time by the parties involved. PROJECT ASSUMPTIONS AND CAVEATS 1. Any deviation from these requirements will require a change order and may increase costs or the estimated time of Project completion. 2. Avolve will have full access to all Project team members from the customer, as needed, to complete the successful implementation and roll out of ProjectDox. This access may require the team members of the customer to dedicate specific time to specific detailed tasks within the Project Plan. Team member tasks will be more clearly defined during the kickoff and planning sessions and documented in the Project Plan. 202 01052023 Page 7 of 12 3. Customer and its third parties and/or subcontractors will fulfill any hardware/software requirements, including the purchase/development of APIs (Application Program Interface) for integration to allow for communication between Avolve Software and the Customer’s permitting system in a timely fashion to keep the Project Plan on schedule. 4. This best approach package to implementation relies on partnership with the jurisdiction to achieve desired go-live goals. To that end, a not to exceed of 415 hours have been allocated to the project for professional service. Should the customer cause or contribute to the delay of any Deliverable, extend scope of schedule and/or scope of work incremental costs may be associated and may result in compilation of a formal Change Order to denote said changes. 5. Cancellation or rescheduling requests within 72 hours of an upgrade and/or training date may result in a 20% cancellation fee. The 20% fee will be calculated on the total services for the project minus any Assurance Services. 6. All parties will reasonably prioritize their efforts to meet the Project Plan schedule in order to achieve a rapid roll out model. It is understood by all parties that multiple tasks may be in process at one time and Avolve may have more than one Professional Services team member working on the project at one time. 7. Client will provide adequate Project management for their own resources, and/or third parties, to collaborate with Avolve’s project manager. Client subject matter experts and applicable users will be accessible and available in a timely fashion and for adequate and reasonable durations. Avolve will make sure that scheduling of meetings is done in advance of these resource allocations. 8. Avolve has scoped and intends to fully leverage ProjectDox as is, utilizing all built in configuration features to set up the processes using the Configuration Worksheet as a guide to meet business needs. 9. Any optional items chosen in the Purchase Agreement/Sales Order are not included here and would require a modification to this Statement of Work. 10. Work will not begin until an executed copy of all paperwork is complete. Work will begin at the earliest date at which Avolve resources and Customer resources are available or as otherwise agreed to. 11. Avolve and Customer agree to cooperate in good faith to complete the Services and Deliverables in a timely and efficient manner. 12. Recording of Avolve provided training or UAT (user acceptance testing) sessions is not permitted unless noted within the Statement of Work. 13. All training classes, unless otherwise noted, are limited to 12 persons maximum per class unless noted otherwise in this SOW. 14. In the event the Customer delays the progression of the implementation and Avolve Software resources are placed on-hold and/or removed from the project, all hours that have been completed to that point will be invoiced. Avolve Software will not guarantee Project Managers and/or Technical Avolve resources will be available to re-deploy immediately upon resolution of the issue. Avolve requires 4 weeks’ notice of intent to restart the project, to assess available resources to determine the next available timeframe and communicate any restart costs to restart the project. *Configuration options are as described by ProjectDox documentation and as evidenced by ProjectDox administration screens. Minor changes to Avolve ProjectDox Best Practices (Best in Class) workflows are changes to activate/deactivate and/or parametrize with variables, existing steps in the Best Practices workflows. Customization of additional products and modules are to be within the bounds and scope of the respective core product(s) and modifications are limited to those that are allowed by core product design. 203 01052023 Page 8 of 12 CHANGE CONTROL PROCESS The “Change Control Process” is that process which shall govern changes to the scope of the Project during the life of the Project. The Change Control Process will apply to new components and to enhancements of existing components. The Change Control Process will commence at the start of the Project and will continue throughout the Project's duration. Additional procedures and responsibilities may be outlined by the Project Manager identified on the signature page to the Agreement and will be included in the Project Plan if mutually accepted. Under the Change Control Process, a written “Change Request” (attached) will be the vehicle for communicating any desired changes to the Project. It will describe the proposed change; the reason for the change and the effect the change may have on the Project. The Project Manager of the requesting party will submit a written Change Request to the Project Manager for the other parties. All parties must sign the approval portion of the Change Request to authorize the implementation of any change that affects the Project’s scope, schedule or price. Furthermore, any such changes that affect the scope of this SOW, schedule or price will require an amendment to the SOW and/or any other part of the Purchase Agreement. PRICING, TRAVEL AND EXPENSE Pricing and payment terms are as set forth in the Purchase Agreement/Sales Order. • Professional Service hours will be invoiced monthly as time and materials based on the rate for the applicable resources. Avolve will provide monthly balances for hours remaining for the project. • Travel and Expenses are estimated to be $6,000.00 and will be invoiced to customer as incurred for trips to the Customer offices. Customer will only be invoiced for actual expenses incurred. 204 01052023 Page 9 of 12 PROJECT ACTIVITIES / DELIVERABLES PAYMENT SCHEDULE Preliminary project and deliverable schedules are provided and are subject to change based on discussions to occur post the kick-off of the project, provided that both the Customer and Avolve Software agree to the updated terms in writing. The project scope and associated costs are based on a 18-week implementation schedule. 17 WEEK SCHEDULE Schedule Deliverable Week 1 – Kick Off • Project Kick Off Meeting • Project Plan Week 2-4 – OAS Form Design • OAS Form Mockups from Bozeman team Week 5 – OAS Form Design Review Week 6-8 – OAS Form Creation • OAS Forms Delivered Week 9 – OAS Form Basic Testing Avolve and Bozeman teams testing Week 10 & 11 – Workflow, Project Template Configuration & Form Review (Onsite) • Workflows, Project Template & OAS Forms Week 12 – Integration Development Week 13-15 – User Acceptance Workflow Testing • Provide final system configuration worksheet • Provide final Configuration Requirements Document or CRD Week 16 – Code Move to Production • All OAS forms, Project Template & Workflows moved to Production Week 17 –Training • Training courses delivered Week 18 – Go Live • Launch of System • Transition to Support 205 01052023 Page 10 of 12 For the avoidance of any doubt, all right, title and interest in and to the Deliverables (including without limitation the above Key Deliverables), as well as the intellectual property rights to such Deliverables, shall belong to Avolve, subject to the limited license granted to the Customer pursuant to the Licensing Agreement. 206 01052023 Page 11 of 12 STATEMENT OF WORK ACCEPTANCE Once fully executed, this document will become the Statement of Work for the Project defined in this document. Avolve and Customer’s signatures below authorizes Avolve to begin the services described above and indicates Customer’s agreement to pay the invoices associated with these services delivered as described. AUTHORIZED SIGNATURES Avolve Software Corporation City of Bozeman, MT By: By: Name: Name: Title: Title: Date: Date: 207 Quote Ref #202206-1993 EXHIBIT A: CHANGE REQUEST FORM 208 Memorandum REPORT TO:City Commission FROM:Max Ziegler - Facilities Project Coordinator Jon Henderson - Strategic Services Director SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with Jackson Contractor Group for Swim Center Renovation GC/CM Services MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign professional services agreement with Jackson Contractor Group for Swim Center Renovation GC/CM services. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Swim Center Renovation project was approved for funding through a bond measure passed by the voters of the City of Bozeman on November 2, 2021. This work is intended to address a number of long term deficiencies in the facility's systems and extend the useful life of the building by 25 years. Included in this project is the full redesign and replacement of the HVAC system, replacement of the roof and exterior insulation finishing system, refurbishment of the swimming pool shell and finishes, installation of energy efficient lighting, and replacement of aged interior finishes such as the pool deck and natatorium ceiling. This work will replace numerous systems which are reaching the end of their useful lives and will benefit the user experience for swimmers through improved indoor air quality, enhanced user safety, and modern aesthetics. The work on this project was initiated under a public welfare emergency declaration which permitted the City to waive the public bidding process to complete the repairs necessary to secure the structural integrity of the natatorium envelope. In the summer of 2022, immediate structural repairs to the roof truss system were made to mitigate life safety issues, and temporary repairs to the roof were made to protect the structure until the remaining envelope repairs could be made in the summer of 2023 (Phase 1 Permit 1). Jackson Contractor Group, which had an existing contract with the City for on call general contracting services, was selected to make the emergency repairs permitted under the public welfare emergency declaration. For the remaining work outside of the scope of emergency repairs (Phase 2), 209 which includes the repairs to the swimming pool and HVAC system, the City published a Request for Qualifications on December 4th, 2022 seeking firms to provide general contracting and construction management services. Through a competitive evaluation process, Jackson Contractor Group was determined to be the most qualified respondent to the RFQ and was awarded the scope of work for Phase 2. This contract will cover general contracting and construction management services for Phase 1 Permit 2 through the completion of Phase 2. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The Bozeman Swim Center renovation will be funded through bonds approved by the public vote on November 2, 2021 supplemented by General Fund allocations. Construction expenses for this project, including GC/CM fees, is estimated at $3,940,000 with a total project budget of $4,500,000. Report compiled on: March 10, 2023 210 Memorandum REPORT TO:City Commission FROM: John Van Delinder, Streets Superintendent Nicholas Ross, Director of Transportation and Engineering SUBJECT:Resolution 5483, Financing of a Master Lease Purchase Agreement between Lease servicing Center, INC DBA NCL Government Capital and the City of Bozeman MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution 5483 Financing of a Master Lease Purchase Agreement for a 2022 Elgin Broom Bear. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Approved FY23 Street Maintenance Capital Improvement Program (CIP) STR34 and the FY23 approved budget lists $100,000 for sweeper leases. There will be five payments of $63,370.03 with the last payment in FY27. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:This item is in the FY23 Street Maintenance CIP and approved FY23 budget. Attachments: Resolution for Elgin Sweeper Lease Lease Agreement and Exhibits Report compiled on: March 6, 2023 211 Version February 2023 RESOLUTION 5483 A RESOLUTION RELATING TO THE FINANCING OF A MASTER LEASE PURCHASE AGREEMENT DATED AS OF 02/03/2023, BETWEEN LEASE SERVICING CENTER, INC. DBA NCL GOVERNMENT CAPITAL (LESSOR) AND THE CITY OF BOZEMAN (LESSEE) AND SCHEDULE NO. 001 THERETO DATED AS OF FEBRUARY 3, 2023. WHEREAS, The Street Division uses Sweepers to Clean Streets and Bike Lanes for all Modes of Travel. Sweeping Debris from the Road Keeps the Particles from Becoming Airborne and out of the Stormwater System. NOW, THEREFORE, BE IT RESOLVED by the City Commission (The “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Determination of Need. The Governing Body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment described on Exhibit A of Schedule No. 001 to the Master Lease Purchase Agreement dated as of 2/3/2023, between City of Bozeman (Lessee) and Lease Servicing Center, Inc. dba NCL Government Capital (Lessor). Section 2 Approval and Authorization. The Governing Body of Lessee has determined that the Agreement and Schedule, substantially in the form presented to this meeting, are in the best interests of the Lessee for the acquisition of such Equipment, and the Governing Body hereby approves the entering into of the Agreement and Schedule by the Lessee and hereby designates and authorizes the following person(s) to execute and deliver the Agreement and Schedule on Lessee’s behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow Agreement, necessary to the consummation of the transaction contemplated by the Agreement and Schedule. The City of Bozeman is authorized to enter into the lease/purchase financing with Lease Servicing Center, Inc. dba NCL Government Capital to finance their 2022 Elgin Broom Bear from Joe Johnson Equipment LLC in the amount of $277,720.00 with 5 annual payments of $63,370.03. 212 Version February 2023 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 213 City of Bozeman 121 N Rouse Ave Bozeman, MT 59715 Enclosed you will find finance documentation for your recent equipment purchase. Please review, sign, and date all the enclosed documents. Be sure to completely list your insurance information. Do not alter documents in any way. Please return the following items to my attention:  Master Lease Purchase Agreement  Exhibit A – Description of Equipment of Lease Agreement  Exhibit B – Schedule of Payments  Exhibit E – Lessee Resolution  Exhibit F – Bank Qualified Certificate  Exhibit G – Agreement to Provide Insurance  Exhibit H – Lessee Certificate  Notice of Assignment and Letter of Direction  Internal Escrow Letter  Lease Payment Instructions  Exhibit C-1 – Payment Request and Partial Acceptance Certificate  Exhibit C-2 – Final Acceptance  8038-G Copy of Tax Exempt Certificate (please provide if applicable) Include in the return documentation a check in the amount of $500.00 made payable to Lease Servicing Center, Inc. dba NCL Government Capital. This is the one-time documentation & processing fee. Please call me at 320-763-7600 with any questions you may have and thank you for your business. We hope to continue to work with you for many years to come. Please let us know if we can be of any assistance in the future! Sincerely, Tim Goetsch Enclosures 214 1 MASTER LEASE PURCHASE AGREEMENT Lessee Lessor City of Bozeman Lease Servicing Center, Inc. dba NCL Government Capital 121 N Rouse Ave 510 22nd Ave E., Ste 501 Bozeman, MT 59715 Alexandria, MN 56308 Dated as of February 3, 2023 This Master Lease Purchase Agreement dated as of the date listed above is between Lessor and Lessee listed directly above. Lessor desires from time to time to lease the Equipment described in Equipment Schedules (each a “Schedule”) to be attached hereto to Lessee and Lessee desires to lease such Equipment from Lessor subject to the terms and conditions of this Agreement, which are set forth below, and the applicable Schedule. I. Definitions: Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: “Agreement’ means this Master Lease Purchase Agreement. “Budget Year” means the Lessee’s fiscal year. “Commencement Date” is the date when Lessee’s obligation to pay rent begins. “Equipment” means the items of Equipment listed on Exhibit “A” to each Schedule and all replacements, restorations, modifications and improvements. “Lease” means this Agreement and an individual Schedule hereto, which shall collectively constitute the terms and conditions applicable to the lease of the Equipment subject thereto. “Lessee” means the entity listed above as Lessee and which is leasing the Equipment from Lessor under the provisions of this Agreement and a Schedule. “Lessor” means the entity originally listed above as Lessor or any of its assignees. “Lease Term” means the Original Term and all Renewal Terms applicable to a Lease. “Original Term” means the period from the Commencement Date until the end of the Budget Year of Lessee. “Renewal Term” means the annual term which begins at the end of the Original Term and which is simultaneous with Lessee’s Budget Year. “Rental Payments” means the payments Lessee is required to make under this Agreement as set forth on Exhibit “B” to each Schedule made subject thereto. “Schedule” means a schedule substantially in the form attached hereto and all exhibits thereto pursuant to which Lessor and Lessee agree to the lease of the Equipment described therein and which together with the terms of the Agreement applicable thereto constitutes an individual Lease. “State” means the state in which Lessee is located. II. Lessee Warranties Section 2.01. With respect to each Lease, Lessee represents, warrants and covenants as follows for the benefit of Lessor or its assignees: (a) Lessee is the State or a political subdivision of the State within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") or a constituted authority authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of the treasury regulations promulgated under the Code. (b) Lessee is authorized under the Constitution and laws of the State to enter into this Agreement and each Schedule, and has used such authority to properly execute and deliver this Agreement and each Schedule. Lessee has followed all proper procedures of its governing body in executing this Agreement and each Schedule. The Officer of Lessee executing this Agreement and each Schedule has the authority to execute and deliver this Agreement and such Schedule. This Agreement and each Schedule constitute a legal, valid, binding and enforceable obligation of the Lessee in accordance with their terms. (c) Lessee has complied with all statutory laws and regulations that may be applicable to the execution of this Agreement and each Schedule. (d) Lessee shall use the Equipment only for essential, traditional government purposes. (e) Should the Lessee cease to be an issuer of tax exempt obligations or if the obligation of Lessee created under any Lease ceases to be a tax exempt obligation for any reason, then Lessee shall be required to pay additional sums to the Lessor or its assignees so as to bring the after tax yield on any Lease to the same level as the Lessor or its assignees would attain if the transaction continued to be tax-exempt. (f) Lessee has never non-appropriated funds under an agreement similar to this Agreement. (g) Lessee will submit to the Secretary of the Treasury an information reporting statement as required by the Code with respect to each Lease. (h) Upon request by Lessor, Lessee will provide Lessor with current financial statements, reports, budgets or other relevant fiscal information. (i) Lessee shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq. as amended and supplemented. (j) Lessee presently intends to continue each Lease for the Original Term and all Renewal Terms as set forth on Exhibit "B" to the Schedule relating thereto. The official of Lessee responsible for budget preparation will include in the budget request for each Budget Year the Rental Payments to become due in such Budget year, and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the Rental Payments coming due therein. Lessee reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose. Section 2.02. Escrow Agreement. In the event both Lessor and Lessee mutually agree to utilize an escrow account, then immediately following the execution and delivery of any Schedule, Lessor and Lessee agree to execute and deliver and to cause an escrow agent to execute and deliver an escrow agreement. Such Lease shall take effect only upon execution and delivery of the escrow agreement by the parties thereto. Lessor shall deposit or cause to be deposited with the escrow agent for credit to an equipment acquisition fund the sum specified in such Schedule which shall be held, invested and disbursed in accordance with the escrow agreement. III. Acquisition of Equipment, Rental Payments and the Purchase Option Price Section 3.01. Acquisition: Lessee shall advise Lessor of its desire to lease Equipment and of the desired lease terms. Upon agreement by Lessor and Lessee as to the lease of such Equipment and such terms, Lessee shall be solely responsible for the ordering of the Equipment and the delivery and installation thereof. Lessor shall furnish to Lessee a Schedule relating to such Equipment, which shall become effective upon the execution and delivery of such Schedule, all documents contemplated hereby and thereby with respect to such Schedule, and the earlier of Lessee's written acceptance of such Equipment or the deposit into escrow of moneys to pay for such Equipment as provided in Section 2.02. Nothing herein shall obligate Lessor to lease any Equipment to Lessee until Lessor shall have concurred in writing to the lease of such Equipment. Section 3.02. Rental Payments. Lessee shall promptly pay Rental Payments under each Schedule, from any and all legally available funds, exclusively to Lessor or its assignees, in lawful money of the United States of America. The Rental Payments shall be sent to the location specified by the Lessor or its assignees. The Rental Payments shall constitute a current expense of the Lessee and shall not constitute an indebtedness of the Lessee. Lessor shall have the option to charge interest at the highest lawful rate on any Rental Payment received later than the due date. The Rental Payments will be payable without notice or demand. Section 3.03. Rental Payments Unconditional. Except as provided under Section 4.01, THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS CONTAINED IN THIS AGREEMENT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE. Section 3.04. Purchase Option Price. With respect to each Schedule, upon 30 days written notice, Lessee shall have the option to pay, in addition to any 215 Rental Payment due thereunder, the corresponding Purchase Option Price which is listed on the same line on Exhibit B to such Schedule. If Lessee chooses this option and pays the Purchase Option Price to Lessor then Lessor will transfer any and all of its rights, title and interest in the Equipment subject to such Lease to Lessee. Section 3.05. Lease Term. The Lease Term of each Lease shall be the Original Term and all Renewal Terms thereunder until all the Rental Payments due thereunder are paid as set forth in the applicable Schedule except as provided under Section 4.01 and Section 9.01 below. If, after the end of the budgeting process which occurs at the end of the Original Term or any Renewal Term, Lessee has not terminated a Lease pursuant to Section 4.01 hereof then the Lease Term for such Lease shall be extended into the next Renewal Term and the Lessee shall be obligated to make the Rental Payments that come due during such Renewal Term. Section 3.06. Disclaimer of Warranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, AND FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. LESSOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY LESSEE. IV. Non-Appropriation Section 4.01. Non-Appropriation. If insufficient funds are available in Lessee’s budget for the next Budget Year to make the Rental Payments for the next Renewal Term under any Lease, then Lessee shall have the option to non-appropriate the funds to pay the Rental Payments for the next Renewal Term with respect to such Lease. Lack of a sufficient appropriation shall be evidenced by the passage of an ordinance or resolution by the governing body of Lessee specifically prohibiting Lessee from performing its obligations under such Lease for a designated Budget Year and all subsequent Budget Years. If Lessee chooses this option, then all obligations of the Lessee under such Lease regarding Rental Payments for all remaining Renewal Terms shall be terminated at the end of the then current Original Term or Renewal Term without penalty or liability to the Lessee of any kind provided that if Lessee has not delivered possession of the Equipment subject to such Lease to Lessor as provided herein and conveyed to Lessor or released its interest in such Equipment by the end of the last Budget Year for which Rental Payments were paid, the termination shall nevertheless be effective but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments thereafter coming due under Exhibit “B” to the Schedule for such Lease which are attributable to the number of days after such Budget Year during which Lessee fails to take such actions and for any other loss suffered by Lessor as a result of Lessee’s failure to take such actions as required. Lessee shall immediately notify the Lessor as soon as the decision to non-appropriate is made. If such non-appropriation occurs, then Lessee shall deliver the Equipment to Lessor or to a location designated by Lessor at Lessee’s expense. Lessee shall be liable for all damage to the Equipment other than normal wear and tear. If Lessee fails to deliver such Equipment to Lessor, then Lessor may enter the premises where such Equipment is located and take possession of the Equipment and charge Lessee for costs incurred. V. Insurance, Damage, Insufficiency of Proceeds, Lessee Negligence Section 5.01. Insurance. Lessee shall maintain both casualty insurance and liability insurance at its own expense with respect to the Equipment. Lessee shall be solely responsible for selecting the insurer(s) and for making all premium payments and ensuring that all policies are continuously kept in effect during the term of any Lease. Lessee shall provide Lessor with a Certificate of Insurance, which lists the Lessor and/or assigns as a loss payee and an additional insured on the policies with respect to the Equipment. (a) Lessee shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively, Lessee may insure the Equipment under a blanket insurance policy or policies. (b) The liability insurance shall insure Lessor from liability and property damage in any form and amount satisfactory to Lessor. (c) Provided that, with Lessor's prior written consent, Lessee may self-insure against the risks described in (a) and (b) above. Lessee shall furnish Lessor evidence of such self-insurance coverage throughout each Lease Term. Lessee shall not materially modify or cancel such self-insurance coverage without first giving written notice thereof to Lessor at least 10 days in advance of such cancellation or modification. (d) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Lessor and its assignees are named additional insured and loss payees and that all losses are payable to Lessee and Lessor or its assignees as their interests may appear. Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty 30 days advance notice to Lessor or its assignees. Lessee shall furnish to Lessor certificates evidencing such coverage throughout each Lease Term. Section 5.02. Damage to or Destruction of Equipment. Lessee assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost, stolen, damaged, or destroyed by fire or other casualty, Lessee will immediately report all such losses to all possible insurers and take the proper procedures to attain all insurance proceeds. At the option of Lessor, Lessee shall either (1) apply the Net Proceeds to replace, repair or restore the Equipment or (2) apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the collection thereof. Section 5.03. Insufficiency of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement of the Equipment, then Lessee shall, at the option of Lessor, either complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or apply the Net Proceeds to the Purchase Option Price and pay the deficiency, if any, to the Lessor. Section 5.04. Lessee Negligence. Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or death be with respect to agents or employees of Lessee or of third parties, and whether such property damage be to Lessee’s property or the property of others including, without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act or similar or successor law or any state or local equivalent now existing or hereinafter enacted which in any manner arise out of or are incident to any possession, use, operation, condition or storage of any Equipment by Lessee which is proximately caused by the negligent conduct of Lessee, its officers, employees and agents. Lessee hereby assumes responsibility for and agrees to reimburse Lessor for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses including reasonable attorneys’ fees of whatsoever kind and nature, imposed on, incurred by or asserted against Lessor that in any way relate to or arise out of a claim, suit or proceeding, based in whole or in part upon the negligent conduct of Lessee, its officers, employees and agents, to the maximum extent permitted by law. VI. Title and Security Interest Section 6.01. Title. Title to the Equipment shall vest in Lessee when Lessee acquires and accepts the Equipment. Title to the Equipment subject to a Lease will automatically transfer to the Lessor in the event Lessee non-appropriates under Section 4.01 with respect to such Lease or in the event Lessee defaults under Section 9.01 with respect to such Lease. In either of such events, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal title to the Equipment subject to such Lease to Lessor. Section 6.02. Security Interest. To secure the payment of all Lessee’s obligations under each Lease, Lessee hereby grants to Lessor a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit “A” to each Schedule. The security interest established by this section includes not only all additions, attachments, repairs and replacements to the Equipment but also all proceeds therefrom. Lessee agrees that Lessor or its assignee may execute such additional documents including financing statements, affidavits, notices, and similar instruments, for and on behalf of Lessee which Lessor deems necessary or appropriate to protect Lessor’s interest in the Equipment and in this Agreement and each Lease. Lessee authorizes Lessor to record such documentation as necessary for Lessor to perfect its security interest. Section 6.03. Personal Property. The Equipment is and shall at all times be and remain personal property notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner affixed or attached to or embedded in or permanently rested upon real property or any building thereon or attached in any manner to what is permanent by means of cement, plaster, nails, bolts, screws or otherwise. 216 3 VII. Assignment Section 7.01. Assignment by Lessor. All of Lessor’s rights, title and/or interest in and to each Lease may be assigned and reassigned in whole or in part to one or more assignees or sub-assignees (including a registered owner for lease participation certificates) by Lessor at any time without the consent of Lessee. No such assignment shall be effective as against Lessee until the assignor shall have filed with Lessee written notice of assignment identifying the assignee. Lessee shall pay all Rental Payments due under each Lease to or at the direction of Lessor or the assignee named in the notice of assignment. Lessee shall keep a complete and accurate record of all such assignments. Section 7.02. Assignment by Lessee. None of Lessee’s right, title and interest under this Agreement, each Lease and in the Equipment may be assigned by Lessee unless Lessor approves of such assignment in writing before such assignment occurs and only after Lessee first obtains an opinion from nationally recognized counsel stating that such assignment will not jeopardize the tax-exempt status of the obligation. VIII. Maintenance of Equipment Section 8.01. Lessee shall keep the Equipment in good repair and working order. Lessor shall have no obligation to inspect, test, service, maintain, repair or make improvements or additions to the Equipment under any circumstances. Lessee will be liable for all damage to the Equipment, other than normal wear and tear, caused by Lessee, its employees or its agents. Lessee shall pay for and obtain all permits, licenses and taxes necessary for the installation, operation, possession, storage or use of the Equipment. If the Equipment includes any titled vehicles, then Lessee is responsible for obtaining such titles from the State and also for ensuring that Lessor is listed as first lien holder on all of the titles. Lessee shall not use the Equipment to haul, convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. Lessee shall not during the term of this Agreement create, incur or assume any levies, liens or encumbrances of any kind with respect to the Equipment except those created by this Agreement. The Equipment is and shall at all times be and remain personal property. Lessee shall allow Lessor to examine and inspect the Equipment at all reasonable times. IX. Default Section 9.01. Events of Default defined. The following events shall constitute an “Event of Default” with respect to a Lease: (a) Failure by Lessee to pay any Rental Payment listed on Exhibit “B” to the Schedule for fifteen 15 days after such payment is due according to the Payment Date listed on Exhibit “B”. (b) Failure to pay any other payment required to be paid under this Agreement and the Schedule at the time specified herein and therein and a continuation of said failure for a period of fifteen 15 days after written notice by Lessor that such payment must be made. If Lessee continues to fail to pay any payment after such period, then Lessor may, but will not be obligated to, make such payments and charge Lessee for all costs incurred plus interest at the highest lawful rate. (c) Failure by Lessee to observe and perform any warranty, covenant, condition, promise or duty under this Agreement or the Schedule for a period of thirty 30 days after written notice specifying such failure is given to Lessee by Lessor, unless Lessor agrees in writing to an extension of time. Lessor will not unreasonably withhold its consent to an extension of time if corrective action is instituted by Lessee. Subsection (c) does not apply to Rental Payments and other payments discussed above. (d) Any statement, material omission, representation or warranty made by Lessee in or pursuant to this Agreement or the Schedule which proves to be false, incorrect or misleading on the date when made regardless of Lessee’s intent and which materially adversely affects the rights or security of Lessor under this Agreement or the applicable Schedule. (e) Any provision of this Agreement or the Schedule which ceases to be valid for whatever reason and the loss of such provision, would materially adversely affect the rights or security of Lessor. (f) Lessee admits in writing its inability to pay its obligations. Lessee defaults on one or more of its other obligations. Lessee applies or consents to the appointment of a receiver or a custodian to manage its affairs. Lessee makes a general assignment for the benefit of creditors. Section 9.02. Remedies on Default. Whenever any Event of Default exists with respect to any Lease, Lessor shall have the right to take one or any combination of the following remedial steps: (a) With or without terminating the Lease, Lessor may declare all Rental Payments and other amounts payable by Lessee thereunder to the end of the then current Budget Year to be immediately due and payable. (b) With or without terminating the Lease, Lessor may require Lessee at Lessee’s expense to redeliver any or all of the Equipment subject thereto to Lessor to a location specified by Lessor. Such delivery shall take place within 15 days after the event of default occurs. If Lessee fails to deliver such Equipment, Lessor may enter the premises where such Equipment is located and take possession of such Equipment and charge Lessee for cost incurred. Notwithstanding that Lessor has taken possession of such Equipment, Lessee shall still be obligated to pay the remaining Rental Payments under the Lease due up until the end of the then current Original Term or Renewal Term. Lessee will be liable for any damage to such Equipment caused by Lessee or its employees or agents. (c) Lessor may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights. Section 9.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under the Lease now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof, X. Miscellaneous Section 10.01. Notices. All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business as first set forth herein or as the parties shall designate hereafter in writing. Section 10.02. Binding Effect. This Agreement and each Schedule shall inure to the benefit of and shall be binding upon Lessee and Lessor and their respective successors and assigns. Section 10.03. Sever ability. In the event any provision of this Agreement or any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 10.04. Amendments, Addenda, Changes or Modifications. This Agreement and each Lease may be amended, added to, changed or modified by written agreement duly executed by Lessor and Lessee. Section 10.05. Execution in Counterparts; Electronic Execution. This Agreement and each Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Consent to Electronic Signatures: Lessor and Lessee consent to execute this Agreement and all necessary Exhibits electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. Section 10.06. Captions. The captions or headings in this Agreement do not define, limit or describe the scope or intent of any provisions or sections of this Agreement. 217 Section 10.07. Entire Writing. This Agreement and all Schedules executed hereunder constitute the entire writing between Lessor and Lessee. No waiver, consent, modification or change of terms of this Agreement or any Lease shall bind either party unless in writing and signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations, conditions, or warranties, express or implied, which are not specified herein regarding this Agreement or any Lease or the Equipment leased thereunder. Any terms and conditions of any purchase order or other documents submitted by Lessee in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement or any Lease will not be binding on Lessor and will not apply to this Agreement or any Lease. Section 10.08. Jurisdiction and Venue. Lessor and Lessee agree that this Agreement is governed in all respects by the laws of the State of Montana. Lessee hereby consents to any and all process which may be served in any such suit, action or proceeding, (i) by mailing a copy thereof by registered and certified mail, postage prepaid, return receipt requested, to the Lessee's address shown in this Agreement or as notified to the Lessor and (ii) by serving the same upon the Lessee in any other manner otherwise permitted by law, and agrees that such service shall in every respect be deemed effective service upon Lessee.. Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives listed below. Lessee: City of Bozeman Lessor: Lease Servicing Center, Inc. dba NCL Government Capital By: By: Typed: Jeff Mihelich Print: Title: City Manager Title: Date: __________________________________ Date: _________________________________ 218 EXHIBIT A A DESCRIPTION OF EQUIPMENT OF LEASE AGREEMENT RE: Master Lease Purchase Agreement dated as of 2/3/2023 between Lease Servicing Center, Inc. dba NCL Government Capital (Lessor) and City of Bozeman (Lessee) and Schedule No. 001 thereto dated as of February 3, 2023. Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable: Quantity 1 VIN #/Serial Number 4MH12000 Type, Make, Model 2022 Elgin Broom Bear EQUIPMENT LOCATION Complete only if equipment will not be located at Lessee’s address BILLING ADDRESS: 121 N Rouse Ave Bozeman, MT 59715 GARAGING ADDRESS: 814 N Bozeman Ave Bozeman, MT 59715 Lessee authorizes Lessor or its assigns to insert or modify, if needed, the Vehicle Identification Number (“VIN”), or Serial Number, in the above description of the Equipment to correspond to the final delivered and accepted Equipment as shown on the respective invoice or other supporting documents. Lessee: City of Bozeman Lessor: Lease Servicing Center, Inc. dba NCL Government Capital By: By: Typed: Jeff Mihelich Print: Title: City Manager Title: Date: __________________________________ Date: __________________________________ 219 EXHIBIT B B SCHEDULE OF PAYMENTS Interest Rate = 6.612% Amount Financed = $277,720.00 Start Date = 2/17/2023 Number Date Payment Interest Principal Purchase Option* 1 4/1/2023 $63,370.03 $2,193.21 $61,176.82 N/A 2 4/1/2024 $63,370.03 $14,317.00 $49,053.03 $176,300.13 3 4/1/2025 $63,370.03 $11,073.80 $52,296.23 $121,253.12 4 4/1/2026 $63,370.03 $7,616.18 $55,753.85 $62,566.62 5 4/1/2027 $63,370.03 $3,929.96 $59,440.07 $0.00 *Assumes that all rental payments and other amounts due on and prior to that date have been paid. Lessee: City of Bozeman BY: TYPED: Jeff Mihelich TITLE: City Manager DATE: 220 EXHIBIT E E LESSEE RESOLUTION Re: Master Lease Purchase Agreement dated as of 2/3/2023, between Lease Servicing Center, Inc. dba NCL Government Capital (Lessor) and City of Bozeman (Lessee) and Schedule No. 001 thereto dated as of February 3, 2023. At a duly called meeting of the Governing Body of the Lessee (as defined in the Agreement) held on ____________________, 20___ the following resolution was introduced and adopted: BE IT RESOLVED by the Governing Body of Lessee as follows: 1. Determination of Need. The Governing Body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment described on Exhibit A of Schedule No. 001 to the Master Lease Purchase Agreement dated as of 2/3/2023, between City of Bozeman (Lessee) and Lease Servicing Center, Inc. dba NCL Government Capital (Lessor). 2. Approval and Authorization. The Governing Body of Lessee has determined that the Agreement and Schedule, substantially in the form presented to this meeting, are in the best interests of the Lessee for the acquisition of such Equipment, and the Governing Body hereby approves the entering into of the Agreement and Schedule by the Lessee and hereby designates and authorizes the following person(s) to execute and deliver the Agreement and Schedule on Lessee’s behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow Agreement, necessary to the consummation of the transaction contemplated by the Agreement and Schedule. The City of Bozeman is authorized to enter into the lease/purchase financing with Lease Servicing Center, Inc. dba NCL Government Capital to finance their 2022 Elgin Broom Bear from Joe Johnson Equipment LLC in the amount of $277,720.00 with 5 annual payments of $63,370.03. Authorized Individual(s): Jeff Mihelich - City Manager (Printed or Typed Name and Title of individual(s) authorized to execute the Agreement) 3. Adoption of Resolution. The signatures below from the designated individuals from the Governing Body of the Lessee evidence the adoption by the Governing Body of this Resolution. By: (Signature of Secretary, Board Chairman or other member of the Governing Body) Print Name: Title: (Print name of individual who signed directly above) (Title of individual who signed directly above) Attested By: (Signature of one additional person who can witness the passage of this Resolution) Print Name: Title: (Print name of individual who signed directly above) (Title of individual who signed directly above) 221 EXHIBIT F F BANK QUALIFIED CERTIFICATE Re: Master Lease Purchase Agreement dated as of 2/3/2023, between Lease Servicing Center, Inc. dba NCL Government Capital (Lessor) and City of Bozeman (Lessee) and Schedule No. 001 thereto dated as of February 3, 2023. Whereas, Lessee hereby represents that it is a “Bank Qualified” Issuer for the calendar year in which this Agreement and Schedule are executed by making the following designations with respect to Section 265 of the Internal Revenue Code. (A “Bank Qualified Issuer” is an issuer that issues less than ten million ($10,000,000) dollars of tax-exempt obligations during the calendar year). Now, therefore, Lessee hereby designates this Agreement and Schedule as follows: 1. Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b)(3)(B)(ii) of the Internal Revenue Code of 1986 as amended (the “Code”), the Lessee hereby specifically designates the Agreement and this Schedule as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code. In compliance with Section 265(b)(3)(D) of the Code, the Lessee hereby represents that the Lessee will not designate more than $10,000,000 of obligations issued by the Lessee in the calendar year during which the Agreement is executed and delivered as such “qualified tax-exempt obligations”. 2. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Lessee hereby represents that the Lessee (including all subordinate entities of the Lessee within the meaning of Section 265(b)(3)(E) of the Code) reasonable anticipates not to issue in the calendar year during which the Agreement and Supplement are executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than “private activity bonds” as defined in Section 141 of the Code) in an amount greater than $10,000,000. By: (Signature of individual authorized to execute this Exhibit) Typed Name: Jeff Mihelich (Typed name of individual who signed directly above) 222 EXHIBIT G G AGREEMENT TO PROVIDE INSURANCE Lessee: City of Bozeman Lessor: Lease Servicing Center, Inc. dba NCL Government Capital AOIA Address: 121 N Rouse Ave Address: 510 22nd Ave E., Ste 501 Bozeman, MT 59715 Alexandria, MN 56308 Phone: (406) 582-3206 Phone: (320) 763-7600 Description of Equipment: Quantity 1 VIN #/Serial Number 4MH12000 Type, Make, Model 2022 Elgin Broom Bear Value: $304,970.00 I understand that to provide protection from serious financial loss, should an accident or loss occur, my lease contract requires the equipment to be continuously covered with insurance against the risks of fire and theft, and that failure to provide such insurance gives the Lessor the right to declare the entire unpaid balance immediately due and payable. Accordingly, I have arranged for the required insurance through the insurance company shown below and have requested my agent to note Lessor’s interest in the equipment and name Lessor as additional insured. NAME OF AGENT INSURANCE COMPANY Name: Name: Address: Policy #: Phone: Lessee: City of Bozeman BY: TYPED: Jeff Mihelich TITLE: City Manager DATE: 223 EXHIBIT H H LESSEE CERTIFICATE RE: Master Lease Purchase Agreement dated as of 2/3/2023 between Lease Servicing Center, Inc. dba NCL Government Capital (Lessor) and City of Bozeman (Lessee) and Schedule No. 001 thereto dated as of February 3, 2023. I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and that I have been given the authority by the Governing Body of Lessee to sign this Certificate of Acceptance with respect to the above referenced Master Lease Purchase Agreement (the “Lease”). I hereby certify that: 1. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments required to be paid under the Lease during the current Budget Year of Lessee, and such moneys will be applied in payment of all Rental Payments due and payable during such current Budget Year. 2. The governing body of Lessee has approved the authorization, execution and delivery of the Lease on its behalf by the authorized representative of Lessee who signed the Lease. 3. During the term of the Lease, the Equipment will be used for essential governmental functions. Such functions are: ___________________________________________________________________________________ ___________________________________________________________________________________ 4. The source of funds (fund Item in budget) for the Rental Payments that come due under Exhibit B of this Lease is as follows: ___________________________________________________________________________________ ___________________________________________________________________________________ 5. Lessee reasonably expects and anticipates that adequate funds will be available for all future Rental Payments that will come due under Exhibit B because: ___________________________________________________________________________________ ___________________________________________________________________________________ Lessee: City of Bozeman BY: TYPED: Jeff Mihelich TITLE: City Manager DATE: 224 NOTICE OF ASSIGNMENT AND LETTER OF DIRECTION Lease Servicing Center, Inc. dba NCL Government Capital ("Lessor") hereby gives notice to City of Bozeman (“Lessee”) that it has assigned all of its rights to receive payments under the Master Lease Purchase Agreement dated February 3, 2023, Schedule No. 001 as set out in Section 7.01, and in any of the Equipment now or hereafter leased thereunder, including without limitation all amounts of rent, insurance, and condemnation proceeds, indemnity or other payment proceeds due to become due as a result of the sale, lease of other disposition of the Equipment, all rights to receive notices and give consents and to exercise the rights of the Lessor under the Lease, and all rights, claims and causes of action which Assignor may have against the manufacturer or seller of the Equipment in respect of any defects therein. This Master Lease Purchase Agreement requires 5 annual payments of $63,370.03. As of the date of assignment, 5 annual payments of $63,370.03 remain on the contract and should be forwarded to the assignee at the following address: “ASSIGNEE” Santander Bank, N.A. P. O. Box 847386 Boston, MA 02284-7386 1-800-238-4009 FEIN: 23-1237295 * Please list the following as lien holder on vehicle titles: Santander Bank, N.A. 3 Huntington Quadrangle, #101N Melville, NY 11747 Any assigned payments received by Lessor are received in trust for assignee and will be immediately delivered to Assignee. LEASE SERVICING CENTER, INC. DBA CITY OF BOZEMAN NCL GOVERNMENT CAPITAL (Lessor/Assignor) (Lessee) BY: ___________________________ BY: _____________________________ PRINT: TYPED: Jeff Mihelich TITLE: TITLE: City Manager DATE: __________________________ DATE: _____________________________ 225 Internal Escrow Letter 2/3/2023 Santander Bank, N.A. 3 Huntington Quadrangle, Suite 101N Melville, NY 11747 RE: Schedule No. 001 dated February 3, 2023 to Master Lease Purchase Agreement dated as of 2/3/2023 (the “Lease”), between City of Bozeman (Lessee) and Lease Servicing Center Inc. dba NCL Government Capital (Lessor), concurrently assigned to Santander Bank, N.A. (“Assignee”). Ladies and Gentlemen: We have entered into the above referenced Lease for the purpose of financing the equipment listed in Attachment #1 (the "Equipment") in the amount of $277,720.00 (the "Financed Amount"). Lessee hereby requests that Lessor retain $277,720.00 (the "Retained Amount"). Lessee further requests that Lessor hold the Retained Amount in an internal escrow pending Lessor's receipt of confirmation from Lessee that the Equipment has been delivered, inspected and accepted for all purposes by the Lessee and that payment can be remitted to the vendor of such Equipment. There will be no separate escrow fee charged to Lessee for internally escrowing the Retained Amount. Lessee understands and agrees that interest shall accrue on the entire Financed Amount as of the date hereof, and further understands and agrees that any interest earned on the Retained Amount shall be paid to Lessor in consideration of managing the internal escrow account. Lessee acknowledges that Lessor may commingle the Retained Amount held by Lessor for the benefit of Lessee with other funds held by Lessor for its own account, so long as Lessor maintains segregation of such amounts on the books and records of Lessor. Sincerely, Lessee: City of Bozeman BY: TYPED: Jeff Mihelich TITLE: City Manager DATE: 226 Internal Escrow Letter Attachment #1 Quantity Year Make Type/Style/Model VIN/Serial Number Price 1 2022 Elgin Broom Bear 4MH12000 $277,720.00 Total Cost: $277,720.00 Down Payment $0 Total Amount Financed $277,720.00 227 LEASE PAYMENT INSTRUCTIONS Lessee: ___________________________________________________________________ Tax ID#: ___________________________________________________________________ Invoice Mailing Address: ___________________________________________________ ___________________________________________________ Mail invoices to the attention of: __________________________ Phone: ____________________ Fax: _______________________ Email: _____________________ Approval of Invoices required by: __________________________ Phone: ____________________ Fax: _______________________ Email: _____________________ Accounts Payable Contact: __________________________ Phone: ____________________ Fax: _______________________ Email: _____________________ Processing time for Invoices: ______ Approval: _________Checks: _________ Do you have a Purchase Order Number that you would like included on the invoice? No __ Yes __ PO# ___________________ Description needed for Lease Payment Invoices (up to 54 characters including a PO#) : ___________ _________________________________________________________________________________ Does your PO# change annually? No ____ Yes ____ Processing time for new purchase orders:____________ 228 EXHIBIT C-1 PAYMENT REQUEST AND PARTIAL ACCEPTANCE CERTIFICATE RE: Master Lease Purchase Agreement dated as of February 3, 2023, between Lease Servicing Center, Inc. dba NCL Government Capital (Lessor) and City of Bozeman (Lessee) and Schedule No. 001 thereto. I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and that I have been given the authority by the Governing Body of Lessee to sign this Certificate of Acceptance with respect to the above referenced Master Lease Purchase Agreement and Schedule No. 001 (the “Lease”). I hereby certify that: 1. The Equipment described below (comprising part of the Equipment described on Lease Exhibit A) has been delivered and installed in accordance with Lessee’s specifications and Lessee hereby requests and authorizes Lessor to disburse, or direct the escrow agent to disburse, to Lessee or the vendor described below net proceeds of the Lease in the amount specified by wire transfer or by check. Such amount has not formed the basis for a previous request for payment. 2. Lessee has conducted such inspection and/or testing of such Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts such Equipment for all purposes. 3. Rental Payments are due and owing as set forth in Exhibit B to the Lease. 4. Lessee has obtained insurance coverage as required under the Lease. 5. Lessee is exempt from all personal property taxes and is also exempt from sales and/or use taxes with respect to the Equipment and the Rental Payments. 6. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. Quantity Year Make Type/Style/Model VIN/Serial Number Price 1 2022 Elgin Broom Bear 4MH12000 $277,720.00 Total Cost: $277,720.00 Down Payment $0 Total Amount Financed $277,720.00 Vendor Name and Address: Joe Johnson Equipment LLC 62 LaGrange Ave Rochester, NY 14613 Vendor Federal ID Number: Lessee: City of Bozeman BY: TYPED: Jeff Mihelich TITLE: City Manager DATE: 229 EXHIBIT C-2 FINAL ACCEPTANCE Re: Master Lease Purchase Agreement dated as of 2/3/2023, between Lease Servicing Center, Inc. dba NCL Government Capital (Lessor) and City of Bozeman (Lessee) and Schedule No. 001 thereto. I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and that I have been given the authority by the Governing Body of Lessee to sign this Final Acceptance Certificate with respect to the above referenced Master Lease Purchase Agreement and Schedule No. 001 (the “Lease”). I hereby certify that: 1. All Equipment described on Exhibit A has been delivered and installed in accordance with Lessee’s specifications and Lessee hereby requests and authorizes Lessor to direct the escrow agent to apply the remaining net proceeds of the Lease to Lessee’s next Rental Payment due. 2. Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Rental Payments with respect to such Equipment are due and owing as set forth in Exhibit B to the Lease. 4. Lessee has obtained insurance coverage as required under the Lease. 5. Lessee is exempt from all personal property taxes and is also exempt from sales and/or use taxes with respect to the Equipment and the Rental Payments. 6. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. Lessee: City of Bozeman BY: TYPED: Jeff Mihelich TITLE: City Manager DATE: 230 Form 8038-G (Rev. September 2011) Department of the Treasury Internal Revenue Service Information Return for Tax-Exempt Governmental Obligations ▶ Under Internal Revenue Code section 149(e) ▶ See separate instructions. Caution: If the issue price is under $100,000, use Form 8038-GC. OMB No. 1545-0720 Part I Reporting Authority If Amended Return, check here ▶ 1 Issuer’s name 2 Issuer’s employer identification number (EIN) 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions)3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address)Room/suite 5 Report number (For IRS Use Only) 3 6 City, town, or post office, state, and ZIP code 7 Date of issue 8 Name of issue 9 CUSIP number 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see instructions) 10b Telephone number of officer or other employee shown on 10a Part II Type of Issue (enter the issue price). See the instructions and attach schedule. 11 Education ..............................11 12 Health and hospital ..........................12 13 Transportation ............................13 14 Public safety .............................14 15 Environment (including sewage bonds) ....................15 16 Housing ..............................16 17 Utilities ..............................17 18 Other. Describe ▶18 19 If obligations are TANs or RANs, check only box 19a ............. ▶ If obligations are BANs, check only box 19b ................ ▶ 20 If obligations are in the form of a lease or installment sale, check box ........ ▶ Part III Description of Obligations. Complete for the entire issue for which this form is being filed. 21 (a) Final maturity date (b) Issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e) Yield $ $ years % Part IV Uses of Proceeds of Bond Issue (including underwriters’ discount) 22 Proceeds used for accrued interest .....................22 23 Issue price of entire issue (enter amount from line 21, column (b)) ...........23 24 Proceeds used for bond issuance costs (including underwriters’ discount) ..24 25 Proceeds used for credit enhancement ............25 26 Proceeds allocated to reasonably required reserve or replacement fund .26 27 Proceeds used to currently refund prior issues .........27 28 Proceeds used to advance refund prior issues .........28 29 Total (add lines 24 through 28) .......................29 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) ...30 Part V Description of Refunded Bonds. Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the bonds to be currently refunded .... ▶years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded .... ▶years 33 Enter the last date on which the refunded bonds will be called (MM/DD/YYYY) ...... ▶ 34 Enter the date(s) the refunded bonds were issued ▶ (MM/DD/YYYY) For Paperwork Reduction Act Notice, see separate instructions.Cat. No. 63773S Form 8038-G (Rev. 9-2011) 231 Form 8038-G (Rev. 9-2011)Page 2 Part VI Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) ....35 36 a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC) (see instructions) .........................36a b Enter the final maturity date of the GIC ▶ c Enter the name of the GIC provider ▶ 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units ........................37 38 a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ▶and enter the following information: b Enter the date of the master pool obligation ▶ c Enter the EIN of the issuer of the master pool obligation ▶ d Enter the name of the issuer of the master pool obligation ▶ 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box .... ▶ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ............. ▶ 41 a If the issuer has identified a hedge, check here ▶and enter the following information: b Name of hedge provider ▶ c Type of hedge ▶ d Term of hedge ▶ 42 If the issuer has superintegrated the hedge, check box ..................... ▶ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box ........ ▶ 44 If the issuer has established written procedures to monitor the requirements of section 148, check box ..... ▶ 45a If some portion of the proceeds was used to reimburse expenditures, check here ▶and enter the amount of reimbursement ......... ▶ b Enter the date the official intent was adopted ▶ Signature and Consent Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to process this return, to the person that I have authorized above.▲Signature of issuer’s authorized representative Date ▲Type or print name and title Paid Preparer Use Only Print/Type preparer’s name Preparer's signature Date Check if self-employed PTIN Firm’s name ▶ Firm's address ▶ Firm's EIN ▶ Phone no. Form 8038-G (Rev. 9-2011) 232 Userid: CPM Schema: instrx Leadpct: 100%Pt. size: 9 Draft Ok to PrintAH XSL/XML Fileid: Instructions/I8038G/201209/A/XML/Cycle04/source (Init. & Date) _______Page 1 of 4 14:33 - 10-Aug-2012The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Instructions for Form 8038-G(Rev. September 2012) (Use with the September 2011 revision of Form 8038-G.) Information Return for Tax-Exempt Governmental Obligations Department of the TreasuryInternal Revenue Service Section references are to the Internal Revenue Code unless otherwise noted. General Instructions Purpose of Form Form 8038-G is used by issuers of tax-exempt governmental obligations to provide the IRS with the information required by section 149(e) and to monitor the requirements of sections 141 through 150. Who Must File IF the issue price (line 21, column (b)) is... THEN, for tax-exempt governmental obligations issued after December 31, 1986, issuers must file... $100,000 or more A separate Form 8038-G for each issue Less than $100,000 Form 8038-GC, Information Return for Small Tax-Exempt Governmental Bond Issues, Leases, and Installment Sales For all build America bonds and recovery zone economic development bonds use Form 8038-B, Information Return for Build America Bonds and Recovery Zone Economic Development Bonds. For tax credit bonds and specified tax credit bonds use Form 8038-TC, Information Return for Tax Credit Bonds and Specified Tax Credit Bonds. When To File File Form 8038-G on or before the 15th day of the 2nd calendar month after the close of the calendar quarter in which the bond is issued. Form 8038-G may not be filed before the issue date and must be completed based on the facts as of the issue date. Late filing. An issuer may be granted an extension of time to file Form 8038-G under Section 3 of Rev. Proc. 2002-48, 2002-37 I.R.B. 531, if it is determined that the failure to file timely is not due to willful neglect. Type or print at the top of the form “Request for Relief under section 3 of Rev. Proc. 2002-48” and attach a letter explaining why Form 8038-G was not submitted to the IRS on time. Also indicate whether the bond issue in question is under examination by the IRS. Do not CAUTION ! submit copies of the trust indenture or other bond documents. See Where To File next. Where To File File Form 8038-G, and any attachments, with the Department of the Treasury, Internal Revenue Service Center, Ogden, UT 84201. Private delivery services. You can use certain private delivery services designated by the IRS to meet the “timely mailing as timely filing/paying” rule for tax returns and payments. These private delivery services include only the following:DHL Express (DHL): DHL Same Day Service.Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2Day, FedEx International Priority, and FedEx International First.United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide Express Plus, and UPS Worldwide Express. The private delivery service can tell you how to get written proof of the mailing date. Other Forms That May Be Required For rebating arbitrage (or paying a penalty in lieu of arbitrage rebate) to the Federal government, use Form 8038-T, Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate. For private activity bonds, use Form 8038, Information Return for Tax-Exempt Private Activity Bond Issues. For build America bonds (Direct Pay), build America bonds (Tax Credit), and recovery zone economic development bonds, complete Form 8038-B, Information Return for Build America Bonds and Recovery Zone Economic Development Bonds. For qualified forestry conservation bonds, new clean renewable energy bonds, qualified energy conservation bonds, qualified zone academy bonds, qualified school construction bonds, clean renewable energy bonds, and all other qualified tax credit bonds (except build America bonds), file Form 8038-TC, Information Return for Tax Credit Bonds and Specified Tax Credit Bonds. Rounding to Whole Dollars You may show amounts on this return as whole dollars. To do so, drop amounts less than 50 cents and increase amounts from 50 cents through 99 cents to the next higher dollar. Questions on Filing Form 8038-G For specific questions on how to file Form 8038-G send an email to the IRS at TaxExemptBondQuestions@irs.gov and put “Form 8038-G Question” in the subject line. In the email include a description of your question, a return email address, the name of a contact person, and a telephone number. Definitions Tax-exempt obligation. This is any obligation, including a bond, installment purchase agreement, or financial lease, on which the interest is excluded from income under section 103. Tax-exempt governmental obligation. A tax-exempt obligation that is not a private activity bond (see next) is a tax-exempt governmental obligation. This includes a bond issued by a qualified volunteer fire department under section 150(e). Private activity bond. This includes an obligation issued as part of an issue in which:More than 10% of the proceeds are to be used for any private activity business use, andMore than 10% of the payment of principal or interest of the issue is either (a) secured by an interest in property to be used for a private business use (or payments for such property) or (b) to be derived from payments for property (or borrowed money) used for a private business use. It also includes a bond, the proceeds of which (a) are to be used directly or indirectly to make or finance loans (other than loans described in section 141(c)(2)) to persons other than governmental units and (b) exceeds the lesser of 5% of the proceeds or $5 million. Issue price. The issue price of obligations is generally determined under Regulations section 1.148-1(b). Thus, Aug 10, 2012 Cat. No. 63774D 233 Page 2 of 4 Fileid: Instructions/I8038G/201209/A/XML/Cycle04/source 14:33 - 10-Aug-2012The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. when issued for cash, the issue price is the first price at which a substantial amount of the obligations are sold to the public. To determine the issue price of an obligation issued for property, see sections 1273 and 1274 and the related regulations. Issue. Generally, obligations are treated as part of the same issue if they are issued by the same issuer, on the same date, and in a single transaction, or a series of related transactions. However, obligations issued during the same calendar year (a) under a loan agreement under which amounts are to be advanced periodically (a “draw-down loan”) or (b) with a term not exceeding 270 days, may be treated as part of the same issue if the obligations are equally and ratably secured under a single indenture or loan agreement and are issued under a common financing arrangement (for example, under the same official statement periodically updated to reflect changing factual circumstances). Also, for obligations issued under a draw-down loan that meet the requirements of the preceding sentence, obligations issued during different calendar years may be treated as part of the same issue if all of the amounts to be advanced under the draw-down loan are reasonably expected to be advanced within 3 years of the date of issue of the first obligation. Likewise, obligations (other than private activity bonds) issued under a single agreement that is in the form of a lease or installment sale may be treated as part of the same issue if all of the property covered by that agreement is reasonably expected to be delivered within 3 years of the date of issue of the first obligation. Arbitrage rebate. Generally, interest on a state or local bond is not tax-exempt unless the issuer of the bond rebates to the United States arbitrage profits earned from investing proceeds of the bond in higher yielding nonpurpose investments. See section 148(f). Construction issue. This is an issue of tax-exempt bonds that meets both of the following conditions: 1. At least 75% of the available construction proceeds are to be used for construction expenditures with respect to property to be owned by a governmental unit or a section 501(c)(3) organization, and 2. All the bonds that are part of the issue are qualified 501(c)(3) bonds, bonds that are not private activity bonds, or private activity bonds issued to finance property to be owned by a governmental unit or a section 501(c)(3) organization. In lieu of rebating any arbitrage that may be owed to the United States, the issuer of a construction issue may make an irrevocable election to pay a penalty. The penalty is equal to 11 2% of the amount of construction proceeds that do not meet certain spending requirements. See section 148(f)(4)(C) and the Instructions for Form 8038-T. Pooled financing issue. This is an issue of tax-exempt bonds, the proceeds of which are to be used to finance purpose investments representing conduit loans to two or more conduit borrowers, unless those conduit loans are to be used to finance a single capital project. Specific Instructions Part I—Reporting Authority Amended return. An issuer may file an amended return to change or add to the information reported on a previously filed return for the same date of issue. If you are filing to correct errors or change a previously filed return, check the Amended Return box in the heading of the form. The amended return must provide all the information reported on the original return, in addition to the new or corrected information. Attach an explanation of the reason for the amended return and write across the top, “Amended Return Explanation.” Failure to attach an explanation may result in a delay in processing the form. Line 1. The issuer's name is the name of the entity issuing the obligations, not the name of the entity receiving the benefit of the financing. For a lease or installment sale, the issuer is the lessee or the purchaser. Line 2. An issuer that does not have an employer identification number (EIN) should apply for one on Form SS-4, Application for Employer Identification Number. You can get this form on the IRS website at IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). You may receive an EIN by telephone by following the instructions for Form SS-4. Line 3a. If the issuer wishes to authorize a person other than an officer or other employee of the issuer (including a legal representative or paid preparer) to communicate with the IRS and whom the IRS may contact about this return (including in writing or by telephone), enter the name of such person here. The person listed in line 3a must be an individual. Do not enter the name and title of an officer or other employee of the issuer here (use line 10a for that purpose). Note. By authorizing a person other than an authorized officer or other employee of the issuer to communicate with the IRS and whom the IRS may contact about this return, the issuer authorizes the IRS to communicate directly with the individual entered on line 3a and consents to disclose the issuer's return information to that individual, as necessary, to process this return. Lines 4 and 6. If you listed an individual on line 3a to communicate with the IRS and whom the IRS may contact about this return, enter the number and street (or P.O. box if mail is not delivered to street address), city, town, or post office, state, and ZIP code of that person. Otherwise, enter the issuer's number and street (or P.O. box if mail is not delivered to street address), city, town, or post office, state, and ZIP code. Note. The address entered on lines 4 and 6 is the address the IRS will use for all written communications regarding the processing of this return, including any notices. Line 5. This line is for IRS use only. Do not make any entries in this box. Line 7. The date of issue is generally the date on which the issuer physically exchanges the bonds that are part of the issue for the underwriter's (or other purchaser's) funds. For a lease or installment sale, enter the date interest starts to accrue in an MM/DD/YYYY format. Line 8. If there is no name of the issue, please provide other identification of the issue. Line 9. Enter the CUSIP (Committee on Uniform Securities Identification Procedures) number of the bond with the latest maturity. If the issue does not have a CUSIP number, write “None.” Line 10a. Enter the name and title of the officer or other employee of the issuer whom the IRS may call for more information. If the issuer wishes to designate a person other than an officer or other employee of the issuer (including a legal representative or paid preparer) whom the IRS may call for more information about the return, enter the name, title, and telephone number of such person on lines 3a and 3b. Complete lines 10a and 10b even if you complete lines 3a and 3b. Part II—Type of Issue Elections referred to in Part II are made on the original bond documents, not on this form. Identify the type of obligations issued by entering the corresponding issue price (see Issue price under Definitions earlier). Attach a schedule listing names and EINs of organizations that are to use proceeds of these obligations, if different from those CAUTION ! CAUTION ! -2-234 Page 3 of 4 Fileid: Instructions/I8038G/201209/A/XML/Cycle04/source 14:33 - 10-Aug-2012The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. of the issuer, include a brief summary of the use and indicate whether or not such user is a governmental or nongovernmental entity. Line 18. Enter a description of the issue in the space provided. Line 19. If the obligations are short-term tax anticipation notes or warrants (TANs) or short-term revenue anticipation notes or warrants (RANs), check box 19a. If the obligations are short-term bond anticipation notes (BANs), issued with the expectation that they will be refunded with the proceeds of long-term bonds at some future date, check box 19b. Do not check both boxes. Line 20. Check this box if property other than cash is exchanged for the obligation, for example, acquiring a police car, a fire truck, or telephone equipment through a series of monthly payments. (This type of obligation is sometimes referred to as a “municipal lease.”) Also check this box if real property is directly acquired in exchange for an obligation to make periodic payments of interest and principal. Do not check this box if the proceeds of the obligation are received in the form of cash, even if the term “lease” is used in the title of the issue. Part III—Description of Obligations Line 21. For column (a), the final maturity date is the last date the issuer must redeem the entire issue. For column (b), see Issue price under Definitions earlier. For column (c), the stated redemption price at maturity of the entire issue is the sum of the stated redemption prices at maturity of each bond issued as part of the issue. For a lease or installment sale, write “N/A” in column (c). For column (d), the weighted average maturity is the sum of the products of the issue price of each maturity and the number of years to maturity (determined separately for each maturity and by taking into account mandatory redemptions), divided by the issue price of the entire issue (from line 21, column (b)). For a lease or installment sale, enter instead the total number of years the lease or installment sale will be outstanding. For column (e), the yield, as defined in section 148(h), is the discount rate that, when used to compute the present value of all payments of principal and interest to be paid on the obligation, produces an amount equal to the purchase price, including accrued interest. See Regulations section 1.148-4 for specific rules to compute the yield on an issue. If the issue is a variable rate issue, write “VR” as the yield of the issue. For other than variable rate issues, carry the yield out to four decimal places (for example, 5.3125%). If the issue is a lease or installment sale, enter the effective rate of interest being paid. Part IV—Uses of Proceeds of Bond Issue For a lease or installment sale, write “N/A” in the space to the right of the title for Part IV. Line 22. Enter the amount of proceeds that will be used to pay interest from the date the bonds are dated to the date of issue. Line 24. Enter the amount of the proceeds that will be used to pay bond issuance costs, including fees for trustees and bond counsel. If no bond proceeds will be used to pay bond issuance costs, enter zero. Do not leave this line blank. Line 25. Enter the amount of the proceeds that will be used to pay fees for credit enhancement that are taken into account in determining the yield on the issue for purposes of section 148(h) (for example, bond insurance premiums and certain fees for letters of credit). Line 26. Enter the amount of proceeds that will be allocated to such a fund. Line 27. Enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any other issue of bonds within 90 days of the date of issue. Line 28. Enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any other issue of bonds after 90 days of the date of issue, including proceeds that will be used to fund an escrow account for this purpose. Part V—Description of Refunded Bonds Complete this part only if the bonds are to be used to refund a prior issue of tax-exempt bonds. For a lease or installment sale, write “N/A” in the space to the right of the title for Part V. Lines 31 and 32. The remaining weighted average maturity is determined without regard to the refunding. The weighted average maturity is determined in the same manner as on line 21, column (d). Line 34. If more than a single issue of bonds will be refunded, enter the date of issue of each issue. Enter the date in an MM/DD/YYYY format. Part VI—Miscellaneous Line 35. An allocation of volume cap is required if the nonqualified amount for the issue is more than $15 million but is not more than the amount that would cause the issue to be private activity bonds. Line 36. If any portion of the gross proceeds of the issue is or will be invested in a guaranteed investment contract (GIC), as defined in Regulations section 1.148-1(b), enter the amount of the gross proceeds so invested, as well as the final maturity date of the GIC and the name of the provider of such contract. Line 37. If the issue is a pooled financing issue (as defined under Pooled financing issue in Definitions), enter the amount of the proceeds used to make loans to other governmental units, the interest on which is tax-exempt. Line 38. If the issue is a loan of proceeds from a pooled financing issue (as defined under Pooled financing issue in Definitions), check the box and where asked for the date of issue, EIN, and name of the issuer of the master pool obligation, enter the date of issue, EIN, and name of the issuer of the pooled financing issue. Line 40. Check this box if the issue is a construction issue and an irrevocable election to pay a penalty in lieu of arbitrage rebate has been made on or before the date the bonds were issued. The penalty is payable with a Form 8038-T for each 6-month period after the date the bonds are issued. Do not make any payment of penalty in lieu of arbitrage rebate with this form. See Rev. Proc. 92-22, 1992-1 C.B. 736 for rules regarding the “election document.” Line 41a. Check this box if the issuer has identified a hedge on its books and records according to Regulations sections 1.148-4(h)(2)(viii) and 1.148-4(h)(5) that permit an issuer of tax-exempt bonds to identify a hedge for it to be included in yield calculations for computing arbitrage. Line 42. In determining if the issuer has super-integrated a hedge, apply the rules of Regulations section 1.148-4(h)(4). If the hedge is super-integrated, check the box. Line 43. If the issuer takes a “deliberate action” after the issue date that causes the conditions of the private business tests or the private loan financing test to be met, then such issue is also an issue of private activity bonds. Regulations section 1.141-2(d)(3) defines a deliberate action as any action taken by the issuer that is within its control regardless of whether there is intent to violate such tests. Regulations section 1.141-12 explains the conditions to taking remedial action that prevent an action that causes an issue to meet the private business tests or private loan financing test from being treated as a deliberate action. Check the box if the issuer has established written procedures to ensure timely remedial action for all nonqualified bonds according to -3-235 Page 4 of 4 Fileid: Instructions/I8038G/201209/A/XML/Cycle04/source 14:33 - 10-Aug-2012The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Regulations section 1.141-12 or other remedial actions authorized by the Commissioner under Regulations section 1.141-12(h). Line 44. Check the box if the issuer has established written procedures to monitor compliance with the arbitrage, yield restriction, and rebate requirements of section 148. Line 45a. Check the box if some part of the proceeds was used to reimburse expenditures. Figure and then enter the amount of proceeds that are used to reimburse the issuer for amounts paid for a qualified purpose prior to the issuance of the bonds. See Regulations section 1.150-2. Line 45b. An issuer must adopt an official intent to reimburse itself for preissuance expenditures within 60 days after payment of the original expenditure unless excepted by Regulations section 1.150-2(f). Enter the date the official intent was adopted. See Regulations section 1.150-2(e) for more information about official intent. Signature and Consent An authorized representative of the issuer must sign Form 8038-G and any applicable certification. Also print the name and title of the person signing Form 8038-G. The authorized representative of the issuer signing this form must have the authority to consent to the disclosure of the issuer's return information, as necessary to process this return, to the person(s) that have been designated in Form 8038-G. Note. If the issuer in Part 1, lines 3a and 3b authorizes the IRS to communicate (including in writing and by telephone) with a person other than an officer or other employee of the issuer, by signing this form, the issuer's authorized representative consents to the disclosure of the issuer's return information, as necessary to process this return, to such person. Paid Preparer If an authorized officer of the issuer filled in this return, the paid preparer's space should remain blank. Anyone who prepares the return but does not charge the organization should not sign the return. Certain others who prepare the return should not sign. For example, a regular, full-time employee of the issuer, such as a clerk, secretary, etc., should not sign. Generally, anyone who is paid to prepare a return must sign it and fill in the other blanks in the Paid Preparer Use Only area of the return. The paid preparer must:Sign the return in the space provided for the preparer's signature (a facsimile signature is acceptable),Enter the preparer information, andGive a copy of the return to the issuer. Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form varies depending on individual circumstances. The estimated average time is: Learning about the law or the form ........... 2 hr., 41 min. Preparing, copying, assembling, and sending the form to the IRS .... 3 hr., 3 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:M:S, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send the form to this office. Instead, see Where To File. -4-236 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Associate Planner Sarah Rosenberg, Historic Preservation/Associate Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT: Resolution 5484, Declaring the Westgate Village Signs at 1003-1011 West College Street, Bozeman, MT as Historically or Culturally Significant, Application 22302 MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION: Approve Resolution 5484, declaring the Westgate Village signs at 1003-1011 West College Street, Bozeman, MT as historically or culturally significant. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: On August 29, 2022 the property and business owner of the building addressed as 1003-1011 West College, now known as Westgate Village, submitted a comprehensive sign plan application (no. 22302) detailing their request to designate three existing roof signs and the Colombo’s Pizza and Pasta pole sign as historic and culturally significant. Section 38.560.170 of the Bozeman Municipal Code (BMC) states “Signs which have historical or cultural significance to the city but do not conform to the provisions of this division 38.560 may be permitted, provided that the city commission adopts findings supporting the historical or cultural significance of the sign and issues a sign permit. Such findings must be adopted by resolution.” The applicant provided a detailed history of the building and signs dating 237 back to the late 50’s when the property was known as the Westgate Village Shopping Center. The current property owners have also submitted a Commercial Certificate of Appropriateness (CCOA) to restore one of the missing rooftop signs and the historic Westgate Village pole sign through historic deviation requests allowable in Section 38.340.070 BMC. The approval of this resolution and deviations detailed in the CCOA, would restore a sign package on the property not seen since the 1980’s that is historically appropriate for the era of 1957 – 1973. With the CCOA application, the applicant has also provided restoration details for the building itself, as well as some public health and safety improvements to the existing parking lot. The CCOA application is currently scheduled to be reviewed by the City Commission as an action item on March 28, 2023 under the Secretary of Interior’s Standards for Reconstruction . The applicant is requesting restoration and reuse of four signs to reflect current business names, and repair and restore with paint and original materials. The historic designation for the three rooftop signs will be limited to the supports and location which are original and dating back to the 1950's to early 1970’s. The original supports for the three surviving rooftop signs consist of metals frames and mesh screen where business signs have traditionally been mounted on the property. The applicant’s propose to unify the design of the signs and move the lighting internal to the signs is supported by Montana’s State Historic Preservation Office (SHPO). The Colombo’s Pizza and Pasta pole sign was erected in 1971 under the name Karl Mark’s Pizza, and was changed to Colombo’s Pizza in 1987. The applicant would like repaint the sign with original colors, and repair the materials to enhance its historic character. Another example local to Bozeman of a historic sign designation, where the support, pole and location are considered historic, but the copy of the sign can be changed depending on the business housed in the space is the Baxter Hotel freestanding sign, which is currently being used at 105 W. Main Street. This art deco sign stands in front of the historic 1929 hotel and is currently utilized by two businesses within the building. The National Park Service preservation brief 25 “The Preservation of Historic Signs” by Michael J. Auer supports reusing historic signs which can sometimes be done by changing details and without destroying essential features. In order to restore and use these signs under the current sign code in Section 38.560 BMC a sign permit is required under BMC 38.560.020. The following sections of the sign code prevent the restoration and use of the signs under the current business names: BMC 38.560.030 – Prohibited signs. Roof signs are prohibited under the current sign code. 238 BMC 38.560.060 – Signs permitted upon the issuance of a sign permit. This section provides a maximum freestanding sign area for B-1 zoning of 32 square feet, and completely prohibits pole style signs from being installed. The overall maximum square feet of sign area allowed in this zoning district is 80 square feet per building. The proposed sign package exceeds the area and allows the continued use of Colombo’s pole sign through the sign permit process. The existing pole sign is approximately 18-feet high and 32 square feet in area. Given the historically relevant design and long-standing presence of the signs, the property owner wishes to retain and reutilize the frames for the existing roof top signs and freestanding Colombo’s pole sign. The historic designation would permit the historic pole sign to retain its non-conforming height and sign type, and individual businesses to utilize the existing roof top sign supports. Furthermore, the proposed overall comprehensive sign plan will standardize the size of the rooftop signs and clean up inefficient exterior lighting. Staff’s recommended findings in support of the historic designation of the Westgate Village signs are as follows: The pole sign will not exceed maximum allowable freestanding sign area allowed for freestanding signs in the B-1 district at 32 square feet. The applicant does not wish to expand or enlarge the pole sign, but simply restore and continue to utilize it. The original sign location will be preserved, and the sign size is consistent with pole signs seen in other commercial zoning districts. The property at 1003-1011 West College Street is within the Neighborhood Conservation Overlay District. The Neighborhood Conservation Overlay District was enacted to “stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas.” Designation of the Westgate Village signs will allow for their restoration and preservation as a historic and character defining element of the West College streetscape and built environment. The signs were installed prior to implementation of the modern sign code. Photos and historic documentation provided by the applicant show the signs being utilized in the 1970’s and 80’s, with the estimated erection of the first rooftop signs in the early to late 1950’s. Surviving elements of the signs have not changed since their original construction. The August 22, 2022 historic property record form completed by Scott Carpenter of InteResources Planning, Inc. states “Historic photos show roof-top signs in the same positions, attached to the expanded metal covered steel frames attached to the roof. The 239 purpose of the signs was to clearly identify and advertise each business to passing automobile traffic along West College Street, a design element characterized by 1950s modern commercial architecture.” Furthermore, regarding the Colombo’s pole sign Mr. Carpenter states “The southeast sign is supported by an 8-inch diameter cast-iron pipe, topped with a metal framed “T” with a manufactured back-lit plastic sign reading “Colombo’s Pizza & Pasta”.” This design is detailed in the City of Bozeman Application for Erection Permit (Sign or Other Advertising Structure), (Permit No. 623) that was filed on August 30, 1971 with Bozeman Community Development. The roof and pole signs location and setting have remained unchanged since their construction. The rooftop and Colombo’s pole signs are evocative of their period. The National Park Service preservation brief 25 “The Preservation of Historic Signs” by Michael J. Auer briefly describes the proliferation of rooftop signs in the late 19th and early 20th century, “Rooftop signs appeared with greater frequency in the second half of the nineteenth century than previously. Earlier rooftop signs tended to be relatively simple often merely larger versions of the horizontal signs typically found on lower levels. Late in the century the signs became more ornate as well as more numerous. These later rooftop signs were typically found on hotels, theaters, banks and other large buildings. The sign types described here were not used in isolation. Window and awning signs attracted sidewalk pedestrians and people in the street. Upper level signs reached viewers at greater distances. If signs were numerous, however, they were nonetheless usually small in scale. As the century wore on, signs increased in size and scale.” As the 20th century progressed after World War II the proliferation of the automobile saw signs become larger to attract the attention of passing motorists. Mr. Carpenter states in the 2022 historic property record form, “Small shopping centers of this type were an increasing popular design choice throughout the United States during the post-World War II/1950-1960s period. Generally, small to large shopping centers were developed in cities of increased population. The centers were developed in response to growing urban populations and economical use of the automobile which allowed transportation away from the commercial centers or “Main Street” areas of many towns. As communities expanded their development of housing areas the need for nearby shopping areas also increased. The overall efficient design of the shopping center building with accessible storefronts, street access, adjacent on-site parking, as well as roof-top and free-standing parking lot signs are typical of shopping centers of the mid-twentieth century … The southwest area of Bozeman began its major development increase in the 1940s as veterans returned to the area for jobs and educations. The proximity of a concentrated population in and adjacent to Montana State College (later Montana State University), along the north side of West College Street, made strong 240 economic sense to develop a linear area of private businesses. It’s obvious that the selection of the name for Bozeman’s first shopping center, the Westgate Village, clearly represented the commercial hub near the geographic “west gate” of Montana State College.” Westgate village as Bozeman’s, and maybe even southwest Montana’s, first shopping center characterizes this post war expansion, the rise of automobile culture, and mid-century modern architecture. Mr. Carpenter further writes, “The building has large flat business signs on the roof above each business unit. Historic photos show roof-top signs in the same positions, attached to the expanded metal covered steel frames attached to the roof. The purpose of the signs was to clearly identify and advertise each business to passing automobile traffic along West College Street, a design element characterized by 1950s modern commercial architecture. The concept of roof-top signs at Westgate Village is at least 50 years old, hence justifiable as contributing elements of the building.” Page 22 of the comprehensive sign plan also shows a photo example of the Buttrey’s Shopping Center on west Main Street with a rooftop sign dated 1960 from the Bozeman Daily Chronicle. The proposed designation of the three rooftop and Colombo’s pole signs provide an opportunity for the community to preserve a window into the postwar evolution of West College Street, and the preservation of contributing elements to the eligibility of the property’s nomination to the National Register of Historic Places. Additionally, a letter from Eric Newcombe, M.A. a Historic Architecture Specialist with the State Historic Preservation Office (SHPO) supports the nomination of the Westgate Village building under Criteria A and C. Criteria A means that a property is associated with events that have made a significant contribution to the broad patterns of our history. Criteria C means that a property embodies the distinctive characteristics of a type, period, or method of construction. An additional email from John Boughton, the National Register Coordinator with SHPO states, “The State Historic Preservation Office (SHPO) believes the plan addresses and acknowledges the importance of the signage to the overall historic aesthetic of the property. The Sign Plan suggests use of internally lit channel lettering. Although, different than the signage that originally graced the rooftop frames, the change reflects the evolution of sign technology. Although not original to the property, internally lit channel lettering is historically appropriate to the time of the building’s construction. The effort to retain the rooftop sign frames strongly conforms to the original promotion of the different business that occupied (and continue to occupy) the complex. Although the names of the businesses on the signs changed over time, the method of using rooftop signage and affixing that signage to the frames remained constant. Retention and use of the rooftop frames strongly contributes to the overall integrity of the property. “ The full application can be found in the 22302 Westgate Village 241 Comprehensive Sign Plan weblink folder. These findings have been incorporated into the attached resolution 5484 to form the basis for designating the Westgate Village signs as historically or culturally significant. UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve the application as recommended by Staff and approve Resolution 5484 adopting findings supporting the historical or cultural significance of the sign. 2. Approve the application with conditions to address concerns identified by the City Commission and approve Resolution 5484 adopting findings supporting the historical or cultural significance of the sign. 3. Deny the application as submitted based on a finding that the sign is not historically or culturally significant. 4. Direct staff or the applicant to provide additional information and bring the application back for City Commission Action. FISCAL EFFECTS:None Attachments: Resolution 5484 Westgate Village Sign Significance.pdf Report compiled on: March 9, 2023 242 Version April 2020 RESOLUTION 5484 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE WESTGATE VILLAGE SIGNS AT 1003 TO 1011 WEST COLLEGE STREET, BOZEMAN, MT AS HISTORICALLY AND CULTURALLY SIGNIFICANT WHEREAS, Section 38.560.170 of the Bozeman Municipal Code establishes a process for designation of historic or culturally significant signs based upon adopted findings by the City Commission; and WHEREAS, a sign designated to have a historical or cultural significance must be recognized by resolution of the Bozeman City Commission; and WHEREAS, the property owner requested three rooftop signs and one freestanding sign, known as the Colombo’s Pizza and Pasta pole sign, be designated as historically and culturally significant to the City of Bozeman with their comprehensive sign plan application no. 22302; and WHEREAS, the property at 1003-1011 West College Street is within the Neighborhood Conservation Overlay District. The Neighborhood Conservation Overlay District was enacted to “stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas;” and WHEREAS, the signs were constructed during a period of the late 1950’s to the early 1970’s, specifically between 1957 and 1973. The original rooftop signs and Colombo’s Pizza and Pasta pole sign were installed prior to the implementation of the modern sign code; and WHEREAS, the signs are in the original locations and surviving elements of the signs have not changed since their original construction. The original supports for the three surviving rooftop signs consist of metals frames and mesh screen where business signs have traditionally been mounted on the property. The Colombo’s Pizza and Pasta sign consists of the original cast- iron pipe and metal framed “T” holding the commercial message; and 243 Version April 2020 WHEREAS, the signs exhibit a unique mid-20th century character that is currently not well preserved in Bozeman including the late 1950’s to early 1970’s represented by the rooftop and freestanding locations, a design element characterized by mid-century modern commercial architecture; and WHEREAS, the signs provide an opportunity for the community to preserve a window into the post-war evolution of West College Street. The signs are contributing elements of Bozeman’s first shopping center and represent a unique period of rapid growth and innovation in Bozeman’s history; and WHEREAS, roof signs are prohibited in Bozeman, and the height and sign type of the existing freestanding sign is not permitted in the B-1 zoning district. However, the pole sign size does not exceed the freestanding sign area allowed in other commercial zoning districts; and WHEREAS, the property owner has proposed restoration and reuse of the pole sign and the original rooftop sign frames under a unified design and lighting scheme as a part of historic preservation, restoration, and reconstruction efforts to the building and site; and WHEREAS, the State Historic Preservation Office (SHPO) supports the use of internally lit rooftop signs and pole signs on the property as contributing elements of the property’s nomination to the National Register of Historic Places as evidenced by letters provided by their office. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the Westgate Village signs satisfy the criteria set forth in the Bozeman Municipal Code Section 38.560.170 “Historic or Culturally Significant Signs” and shall be declared as such to wit: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ______________, 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 244 Version April 2020 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 245 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Community Development Director SUBJECT:Ordinance 2130 Final Adoption, South 40 Zone Map Amendment to Rezone a Parcel from R-2 (Residential Moderate Density) and R-1 (Residential Low Density) to REMU (Residential Emphasis Mixed Use) on 41.38 Acres, Application 22279, Property Located at the Southeast Corner of South 19th Avenue and West Graf Street MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally adopt Ordinance 2130. 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 applicant and property owners, Providence Development, submitted application to rezone an existing parcel of approximately 41.38 acres from R- 1 (Residential Low Density) and R-2 (Residential Moderate Density) to REMU (Residential Emphasis Mixed Use). The public hearing was held on December 13, 2022 and the Commission unanimously approved the application. Provisional adoption of Ordinance was on February 28, 2023. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Attachments: 22279 South 40 ZMA Ordinance 2130.pdf 5659011-ZONE- Map 080422.pdf Report compiled on: February 9, 2023 246 Ord 2130 Page 1 of 6 ORDINANCE NO. 2130 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE A PARCEL OF LAND FROM R-1, RESIDENTIAL LOW DENSITY AND R-2, RESIDENTIAL MODERATE DENSITY, TO REMU, RESIDENTIAL EMPHASIS MIXED USE, ON 41.38 ACRES, THE SOUTH 40 ZONE MAP AMENDMENT, APPLICATION 22279. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2, Part 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to rezone an existing parcel from R-1 (Residential Low Density) and R-2 (Residential Moderate Density) to REMU (Residential Emphasis Mixed Use) on 41.38 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on November 21, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and 247 Ordinance No. 2130, South 40 ZMA Page 2 of 6 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22279, the South 40 Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on December 13, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, 248 Ordinance No. 2130, South 40 ZMA Page 3 of 6 staff analysis and report, and all submitted public comment recommended approval of the requested REMU district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the South 40 Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby amended from R-1, Residential Low Density and R-2, Residential Moderate Density to REMU, Residential Emphasis Mixed Use: The property is described as: A Tract of land being the SW1/4NW1/4 and the NW1/4SW1/4 of Section 24, Excepting therefrom that portion conveyed to the State of Montana in Bargain and Sale Deed recorded June 30, 1964 in Book 146 of Deeds, Page 24, Records of Gallatin County, located in the NW1/4 and SW1/4 of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully described as follows: Beginning at a point on the east line of said Lot 1 and lying S89°31'54" W a distance of 30.00 feet from the Center-West 1/16th corner of section 24 and being the True Point of Beginning; thence S0°17'12" E along the east line of said Lot 1 Block 2 of Minor Subdivision No. 494, for a distance of 1329.88 feet to a point being the southeast corner of said Lot 1 and also a point on the east-west south 1/16th line of said section 24; thence S88°58'32"W along the south line of said lot 1 for a distance of 1307.81 feet to the section line common to sections 23 and 24, T.2S.,R.5E.,P.M.; thence N00°42'16" W along said section line for a distance of 1368.09 feet to the intersection of the centerline of Graf Street extended per Yellowstone Theological Institute Minor Subdivision 494; thence along the said centerline the following (3) 249 Ordinance No. 2130, South 40 ZMA Page 4 of 6 courses: thence N89°05'08" E for a distance of 1050.01 feet; thence along a tangent curve to the left with a radius of 300.00 feet, a central angle of 26°09'42", an arc length of 136.98 feet thence; along a compound curve to the right with a radius of 300.00 feet, a central angle of 26°56'09", an arc length of 141.04 feet; thence S0°09'49"E for a distance of 97.21 feet to the True Point of Beginning. Said Lot 1 having 41.38 acres, along with and subject to any easements. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. 250 Ordinance No. 2130, South 40 ZMA Page 5 of 6 Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 251 Ordinance No. 2130, South 40 ZMA Page 6 of 6 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 28 day of February, 2023. ____________________________________ 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 252 8W8W8W8W8W8W8W8W8W8S8S8S8S8S8S8S8S8S 8S 8S 8S8W8W8W8W S18S18S12W12W12W SD SD SD SD SD SD SD 18S18S18S18S18S18S18S18S18S18S18S18S10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10S 10S 10S 10S 10S 10S 10S 20' WIDE DITCH MAINTENANCE EASEMENT 10' ROAD DEDICATION 10' PUBLIC UTILITY EASEMENT 20' WIDE DITCH MAINTENANCE EASEMENT 10' PUBLIC UTILITY EASEMENT 30' PUBLIC STREET AND UTILITY EASEMENT DOC. No. 2476615 10' PUBLIC UTILITY EASEMENT 8S 8S8S8S8S8S8S8SSSS S18SD18SDS SS S S SN0°42'16"W 1368.09'R=300 .0 0 'L=13 6 .9 8 'Δ =26 °0 9 '4 2 " CB=N76 °0 0 '17 "E CH=13 5 .8 0 'R =3 0 0.0 0 ' L =1 4 1.0 4' Δ =2 6 °5 6 '0 9" C B =N 7 6 °2 3 '3 0 "E C H =13 9 .7 4' S0°09'49"E 97.21'S0°17'12"E 1329.88'S88°58'32"W 1307.81' N89°05'08"E 1050.01' ©COPYRIGHT MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2022 Plotted by nick mcmichael on Aug/4/2022N:\5659\011 -YTI Development\ACAD\Exhibits\5659011-ZONE- Map 052422.dwgZONE MAP BOZEMAN MONTANA 5659.011 EX-1 JCW JCW MEE 8/2022engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 200SOUTH 19TH AVENUESOUTHBRIDGE SUB.PHASE1LOT 1BLK 42021 SE CORNER SOUTH 19th AVENUE & GRAF STREET ZONE MAP ZONE AREA SUMMARY TOTAL ZONE AREA: LEGAL DESCRIPTION 41.38 acres GRAF STREET YELL O W S T O N E T H E O L O GI C A L INSTI T U T E MI N O R S U B 4 9 4 LOT 1, B L O C K 2 - 3 8. 4 1 A C PROP O S E D Z O N I N G: R E M U EXITI N G Z O N I N G: R- 1 & R- 2 SUMMER WAY LANEBROOKDALE DR ALDER CREEK DR SOUTHBRIDGE DR LOT 1BLK 5PUBLICPARKPUBLICPARKLOT AMINORSUB 235ALOT 3MINORSUB 235ALOT 2MINORSUB 235LOT 3, BLK 1MINOR SUB 494LOT 3, BLK 1MINOR SUB 494LOT 1, BLK 1MINOR SUB 494LOT 4, B L K 1 MINOR S U B 4 9 4 ALLISON SUBANNEX, S24, T02 S,R05 E, ACRES40.217, SE4NW4ALDER CREEKSUBDIVISION PH-5ALDER CREEKSUBDIVISION PH-5ALDER CREEKSUBDIVISIONPH-5ALLISON SUB ANNEX,S24, T02 S, R05 E, TRBEING IN ALLISONANNEX NE4SW47.653AC COS 792ALDER CREEKSUBDIVISIONPH-5OPEN SPACELOT 38 BLOCK 15LOT 37 LOT 36 LOT 35 LOT 34 LOT 33 LOT 32 LOT 31 LOT 30 LOT 29 LOT 28 PARK 9 LOT 27 LOT 26 LOT 25 LOT 24 LOT 23 LOT 22 LOT 21 LOT 20 LOT 38 BLOCK 14BLOCK 20BLACKWOOD GROVES SUB.S24, T02 S, R05 E, ACRES117.47, S2SW4 LESS RW SEC24 & N2N2NW4 SEC 25BOZE M A N COMM U N I T Y P L A N FUTU R E L A N D U S E: RESID E N T I A L MIXED U S E BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIG H B O R H O O D A Tract of land being the SW1/4NW1/4 and the NW1/4SW1/4 of Section 24, Excepting therefrom that portion conveyed to the State of Montana in Bargain and Sale Deed recorded June 30, 1964 in Book 146 of Deeds, Page 24, Records of Gallatin County, located in the NW1/4 and SW1/4 of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana,being more fully described as follows: Beginning at a point on the east line of said Lot 1 and lying S89°31'54" W a distance of 30.00 feet from the Center-West 1/16th corner of section 24 and being the True Point of Beginning; thence S0°17'12" E along the east line of said Lot 1 Block 2 of Minor Subdivision No. 494, for a distance of 1329.88 feet to a point being the southeast corner of said Lot 1 and also a point on the east-west south 1/16th line of said section 24; thence S88°58'32"W along the south line of said lot 1 for a distance of 1307.81 feet to the section line common to sections 23 and 24, T.2S.,R.5E.,P.M.; thence N00°42'16" W along said section line for a distance of 1368.09 feet to the intersection of the centerline of Graf Street extended per Yellowstone Theological Institute Minor Subdivision 494; thence along the said centerline the following (3) courses: thence N89°05'08" E for a distance of 1050.01 feet; thence along a tangent curve to the left with a radius of 300.00 feet, a central angle of 26°09'42", an arc length of 136.98 feet thence; along a compound curve to the right with a radius of 300.00 feet, a central angle of 26°56'09", an arc length of 141.04 feet; thence S0°09'49"E for a distance of 97.21 feet to the True Point of Beginning. Said Lot 1 having 41.38 acres, along with and subject to any easements.SOUTH 15TH AVEPROPOSED ZONING REMU 41.38 acres REMU ZONING:41.38 acres POINT OF BEGINNING 253 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2133 Provisional Adoption, 1200 East Main Zone Map Amendment to Rezone a Parcel from B-2 (Community Business District) to B- 2M (Community Business District-Mixed) on 1.5 Acres, Application 22184, a Property Addressed at 1200 East Main Street MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION: Provisionally adopt Ordinance 2133. 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 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. The City Commission held a public hearing on January 10, 2023 and voted 5:0 to approve the rezoning application. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Attachments: 22184 1200 East Main ZMA Ordinance 2133.pdf 001_ZMA_Exhibit.pdf Report compiled on: February 22, 2023 254 Ord 2133 Page 1 of 5 ORDINANCE NO. 2133 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONEAN EXISTING PARCEL FROM B-2M, COMMUNITY BUSINESS DISTRICT, TO B-2M, COMMUNITY BUSINESS DISTRICT-MIXED, ON 1.5 ACRES, THE 1200 EAST MAIN ZONE MAP AMENDMENT, APPLICATION 22184. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2, Part 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to rezone two existing parcels from B-2 (Community Business District) to B-2M (Community Business District-Mixed); and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on December 19, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22184, the 1200 East Main Zone Map Amendment, be approved as requested by the applicant; and 255 Ordinance No. 2133, 1200 East Main ZMA Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on January 10, 2023, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested B-2M district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, 256 Ordinance No. 2133, 1200 East Main ZMA Page 3 of 5 Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the Carroll on Main Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby amended from B-2 (Community Business District) to B-2M (Community Business District- Mixed): The property is described as: Tract 4A of Plat C-23-R and 60' of adjoining East Main Street Right-of-Way as described on Plat C-23-K, records of Gallatin County, Montana, and being more particularly described as follows: Beginning at the southeast corner of said Tract 4A (Point of Beginning);  thence N88°29'38"W along the south boundary line of said Tract 4A for a distance of 230.50 feet;  thence continuing along said boundary line, 27.88 feet along an arc to the right with a radius of 163.48 feet, a central angle of 9°46'21", and a chord that bears N57°44'42"W, 27.85 feet to the southwest corner of said Tract 4A;  thence N01°57'28"E along the west boundary line of said Tract 4A for a distance of 233.47';  thence continuing on said bearing of N01°57'28"E for a distance of 64.17' to said platted centerline of East Main Street (Plat C-23-K);  thence, following said centerline 42.28 feet along a non-tangent curve to the right with a radius of 1198.70 feet, a central angle of 2°01'16", and a chord that bears S66°49'11"E, 42.28 feet;  thence leaving said centerline on a bearing of S00°59'26"W that is the same bearing as the east boundary line of said Tract 4A for a distance of 64.28 feet to the northeast corner of said Tract 4A;  thence S00°59'26"W along said east boundary for a distance of 143.01 feet, to the point of beginning. Said area being 65,340 square feet or 1.50 acres more or less. Subject to all easements of record or apparent from visual inspection of the property. 257 Ordinance No. 2133, 1200 East Main ZMA Page 4 of 5 Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 258 Ordinance No. 2133, 1200 East Main ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 21 day of March, 2023. ____________________________________ 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 259 E. B A B C O C K S T . MT S T A T E H I G H W A Y 8 4 D Δ B-2M Zoning 1.50 Acres Total D A Y L S W O R T H A V E . 1 OF 1 ZONE MAP AMENDMENT EXHIBIT PROFESSIONAL ENGINEERS & SURVEYORS STAHLY ENGINEERING & ASSOCIATES · · · · · · · EAST MAIN ZONE MAP AMENDMENT B-2M Zoning of 1.5 Acres Upon Tract 4A of the Amended Subdivision Plat C-23-R (Northern Pacific Addition) and adjoining East Main Street Right-of-Way, located in the W1/2 of Section 8, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County. VICINITY MAP (Not to Scale)R-1B-2R-1 B-2 B-2M 260 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer Shawn Kohtz, City Engineer Nick Ross, Director of Transportation & Engineering SUBJECT:Decision on Public Hearing on Protests for Special Improvement District (SID) 778 and Adoption of Resolution 5465 to Create SID 778 for the Purpose of Undertaking Certain Local Improvements to Bogert Place between South Church Avenue and East Story Street and Financing the Costs Thereof, continued from March 7, 2023 MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:After incorporating the information and findings in the staff memorandum, oral findings made by the Commission during the public hearing, information and findings contained in the proposed resolution, and after considering public comment and hearing all protests and finding them to be insufficient under law to bar further proceedings, I hereby move to adopt Resolution 5465 creating Special Improvement District No. 778 for the purpose of financing local improvements to Bogert Place between South Church Avenue and East Story Street STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND: The resolution to create SID No. 778 and the public hearing on protests submitted to the creation of the District was heard by the City Commission during the March 7, 2023 Commission Meeting. At the March 7th meeting, the written letter of protest submitted to the City was distributed to the City Commission. The City Commission voted to postpone the vote on the resolution and to continue the resolution discussion and public hearing at the next scheduled commission meeting. The commission memorandum and Resolution 5465 have been updated based on discussions during the March 7th meeting. The City Commission shall disregard the Resolution from the March 7th meeting. 261 At its February 7, 2023 meeting the City Commission adopted Resolution 5464, declaring it to be the intention of the City Commission to create Special Improvement District (SID) No. 778 (the “District”) for the purpose of undertaking certain local improvements to Bogert Place between South Church Avenue and East Story Street and financing the costs thereof. In accordance with Montana Code Annotated (MCA) Title 7-12 Part 41, notice of the passage of this Resolution was published in the Bozeman Daily Chronicle on February 12, 2023 and February 19, 2023 and mailed to all property owners to be assessed. This established the "Protest Period" as February 13, 2023 to March 1, 2023 at 5:00 PM. Pursuant to Section 7-12-4113, MCA, no further proceedings may be taken on creation of a Special Improvement District if the Commission finds protest has been made by the owners of property in the district to be assessed for more than 50% of the cost of the proposed work. Within the Protest Period, 1 protest was filed with the City Clerk by the property owners of 1 parcel, representing 7.85% percent of the total costs of the improvements to be assessed against properties in the District, as proposed. The written protest is included as an attachment. UNRESOLVED ISSUES:SID creation is subject to protest by the property owners to be assessed. A Protest/Support Form is included in the Commission Packet. The sufficiency of protest is outlined in 7-12-4113, MCA. Simply stated, if protest is made by property owners to be assessed for more than 50% of the costs of the proposed work, further proceedings are barred for six months. Should this occur, there are a number of other street reconstruction projects in the adopted Capital Improvement Plan to consider. However, at some point in the future, the community at large will not be able to absorb the displaced traffic that will result from the failure to reconstruct local streets that are a critical component of the City’s street network. At that time, the Commission will be asked to provide direction on how to finance local street improvements in the face of local opposition to SIDs. ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS: Current Budget: The Adopted 2024-2028 Capital Improvement Plan includes $402,000 for the reconstruction of Bogert Place. The current engineering project cost estimate is $499,000. Expenditures will be made in fiscal year 2024 and updated costs will be included in the FY24 City Manager’s Recommended Budget. Project Costs: The total estimated cost of the street and storm drain improvements are $499,000. This estimate is broken out in Exhibit C by item. The City can commit, per its policy, $331,936 to reduce the costs to the SID, leaving $167,064 to be funded by the SID. In addition, the SID will be 262 responsible for an estimated $1,000 in incidental costs related to the creation of the SID for a total of $168,064. If the Commission adopts Resolution 5465 based on the recommended method of assessment (linear feet lot frontage), then for an average residential lot with 114 ft. of frontage, the total estimated assessment would be $15,732 plus interest on the loan described in the Financing section below. Financing: Costs and expenses of construction of the Improvements will be paid for in part by street maintenance fees and in part by the District proposed in this Resolution. Costs of the Districts portion of the improvements will be financed by an interfund loan from the special improvement district revolving loan fund to the Bogert Place SID. An interfund loan has a number of benefits, including a lower interest rate for the District property owners, and avoidance of the costs and time- consuming work of underwriting a bond sale. The revolving fund will be paid back as property owners make their payments over time, with interest. In accordance with Resolution 5464 special assessments for the District’s share will be payable over a term not exceeding twenty (20) years, in equal semi- annual installments. This loan will be assessed over 20 years. Property owners have the right to prepay assessments. If SID 778 is created, a Resolution approving the interfund loan documents will be proposed to the Commission at a future meeting. Attachments: RES 5465.docx Kinsey SID 778 Protest.pdf RES_5464.pdf Report compiled on: March 10, 2023 263 Resolution 5465 – Creation of SID 778 Page 2 of 3 RESOLUTION 5465 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 778; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS IN AND ABOUT BOGERT PLACE BETWEEN SOUTH CHURCH AVENUE AND EAST STORY STREET, FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF MUNICIPAL WARRANTS. WHEREAS,on the 7TH day of February, 2023, the City Commission (the "Commission") of the City of Bozeman, Montana (the "City") adopted Commission Resolution No. 5464 (the "Resolution of Intention"), stating its intent to create Special Improvement District No. 778 (the "District") to finance the costs of various improvements within the District as described therein (the "Improvements"); and WHEREAS,as set forth in the Resolution of Intention, the Commission committed other revenue sources from street maintenance fees to the costs of the project; and WHEREAS,on February 12th and February 19th, 2023, the City Clerk did publish a Notice of Passage of the Resolution of Intent to Create SID No. 778 in accordance with Sect. 7- 12-4106, MCA, and mailed said notice to each person, firm, or corporation or the agent of the person, firm or corporation having real property within the proposed District; and WHEREAS, the Bozeman City Commission conducted a public hearing on protests submitted to the creation of the District on March 7 and March 21, 2023 and did pass on all such protests having found the written protests not sufficient to bar the Commission from proceeding with creation of the District. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Passage of Resolution of Intention.This Commission, on February 7, 2023, adopted the 264 Resolution 5465 – Creation of SID 778 Page 2 of 3 Resolution of Intention, pursuant to which this Commission declared its intention to create the District, under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended, for the purpose of financing costs of certain local improvements within the District described generally therein (the "Improvements"), and paying costs incidental thereto, including costs associated with the creation and administration of the District,and the funding of a Loan from the City's Special Improvement District Revolving Fund (the "Loan"). Section 2 Notice of Passage of the Resolution of Intent and Public Hearing on Protests. Notice of passage of the Resolution of Intention was duly published and mailed in all respects in accordance with law, and on March 7and March 21,2023, this Commission conducted a public hearing on written protests submitted by property owners against the creation of the District and the making of the Improvements. The public hearing occurred on the date of the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the ''Protest Period"). Section 3 Protests. Within the Protest Period, 1protest wasfiled with the City Clerk by the property owners of one parcel, representing 7.85 percent of the total costs of the Improvements to be assessed against properties in the District, as proposed. Section 4 Creation of the District; Insufficiency of Protests. The Commission determines the District is hereby created on the terms and conditions set forth herein and otherwise in accordance with the Resolution of Intention, as modified hereby. The protests against the creation of the District or the making of the Improvements filed during the Protest Period are hereby found to be insufficient. The findings and determinations made in the Resolution of Intention, including, without limitation, those relating to benefits conferred, costs associated with the borrowing of funds from the City's special improvement district revolving fund, and for the creationand administration of the District,are hereby ratified and confirmed. Section 5 Reimbursement Expenditures. 5.01. Declaration of Intent. The City reasonably expects to reimburse the expenditures made for costs of the Improvements out of the proceeds of the Loan from the City's special improvement district revolving loan fund in an estimated maximum aggregate principal amount of $168,064 after the date of payment of all or a portion of the costs of the Improvements. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Loan, or other expenditures eligible for reimbursement. The Commission intends to assess the District to reimburse the special improvement district revolving loan fund in an amount equal to the principal of the loan of $168,064 to the District plus interest at approximately 3.5% annually, which is the current Short Term Investment Pool rate minus .5%. Over a 20-year term of the Loan from the revolving fund to the District, interest earnings of up to $68,500 are estimated to be paid 265 Resolution 5465 – Creation of SID 778 Page 2 of 3 from the District property owners and deposited to the special improvement district revolving fund. In addition to reimbursing the revolving fund on interest the revolving fund would otherwise earn, these interest earnings are intended to satisfyany revolving fund contribution from the district that may be required under 7-12-4222(l)(b),MCA. 5.02. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Improvements, other than pursuant to the Loan from the City's special improvement district revolving loan fund. The statement of intent contained in this resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. 5.03. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Resolution of Intention being generally the transfer of the appropriate amount of proceeds of the Loan to reimburse the source of temporary financing used by the City to make prior payment of the costs of the Improvements. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Loan or the Improvements and shall specifically identify the actual original expenditure being reimbursed. 266 Resolution 5465 – Creation of SID 778 Page 3 of 3 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 21st day of March, 2023. __________________________________ Cynthia L. Andrus Mayor ATTEST: __________________________________ Mike Maas City Clerk APPROVED AS TO FORM: __________________________________ GREG SULLIVAN City Attorney 267 Version April 2020 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. 5465, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 778 FOR LOCAL IMPROVEMENTS TO BOGERT PLACE; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF MUNICIPAL WARRANTS” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on March 21, 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 _____ day of March, 2023. _______________________________________ City Clerk 268 269 270 Version April 2020 RESOLUTION 5464 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 778 FOR LOCAL IMPROVEMENTS TO BOGERT PLACE; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF MUNICIPAL WARRANTS. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1. Proposed Improvements; Intention To Create District. The City proposes to undertake certain local improvements (the “Improvements”) to benefit certain property located in the City limits. The improvements consist of roadway improvements to Bogert Place between South Church Avenue and East Story Street, including: repaving of the road, replacement of curbing, installation of storm drainage improvements, and pedestrian ramps, as more particularly described in Section 5. The total estimated costs of the Improvements are $499,000. Pursuant to Resolution 4507 and 5174, $331,936 will be paid from the City’s Street Maintenance District fund, leaving $167,064 of the costs of the Improvements to be funded through the District (hereinafter referred to as the “District's Share of the Improvements”). It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended, a special improvement district (the “District”) for the purpose of financing the District's Share of the Improvements and paying costs incidental thereto, including any costs associated with issuance of warrants drawn against special assessments to be paid by benefitted properties in the District (the “Warrants”), the creation and administration of the District, and the funding of an administrative charge to the General Fund for costs associated with financing of the Improvements (collectively the "Incidental Costs"). The total estimated cost of the District's Share of the Improvements, including such Incidental Costs, to be financed is $168,064. The City Commission intends to provide the funds to pay the District’s Share of the Improvements and the Incidental Costs through an interfund loan from the General Fund to the Bogert Place SID Fund. The City Commission intends to direct that the funds so applied will be evidenced by and will purchase the Warrants issued against the SID 778 Bogert Place Fund into which special assessments paid by owners of benefitted properties in the District will be deposited. The properties in the District subject to assessment will be specially benefited by the Improvements in DocuSign Envelope ID: 0AB4E787-B5BC-4E56-9E12-9DF7F67E1047 271 Version April 2020 an amount not less than $168,064. Section 2. Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement District No. 778 of the City of Bozeman, Montana. Section 3. Boundaries of District. The limits and boundaries of the District are depicted by the continuous line circumscribing the exterior boundaries of the properties shown on the map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof) and includes all those lots and parcels on Bogert Place between South Church Avenue and East Story Street which front directly on Bogert Place, legal descriptions of which are contained in Exhibit B hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. Section 4. Benefitted Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A and Exhibit B are hereby declared to be the special improvement district and the territory that will benefit from and be benefitted by the Improvements and will be assessed for a portion of the costs of the Improvements as described herein. The property included within said limits and boundaries is hereby declared to be the property benefitted by the Improvements. Section 5. General Character of the Improvements. The Improvements to be constructed generally consist of removing the existing street pavement and curbing, installing a 35-foot-wide street section on Bogert Place with gravel base course material, asphaltic cement surfacing, City standard curbs and gutters, pedestrian ramps, traffic control signage and pavement striping, storm drains, and all related improvements on these streets. The Improvements shall include the engineering design, construction, inspection and engineering certification of asphalt cement paving, gravel base courses and subgrade preparation, storm drainage, and all necessary permits and appurtenances to complete the road installation. Each lot, parcel, or tract abutting such portion of Bogert Place, as set forth on the attached Exhibit B, will be improved with or benefitted by such Improvements. Section 6. Engineer and Estimated Cost. The City, acting through its City Engineer, shall be the engineer for the District. The Engineer has estimated the costs of the Improvements to be $499,000, as shown on Exhibit C, attached hereto (and hereby incorporated herein and made a part hereof). The City has committed $331,936 in Street Maintenance District funds, in accordance with Commission Resolution No. 4507 and 5174, to the costs of the Improvements. The District's Share of the Improvements, plus the Incidental Costs, are $168,064. The District’s Share of the costs of the Improvements to be financed by the proceeds of the Warrants are shown on Exhibit B (which is hereby incorporated herein and made a part hereof). Section 7. Assessment Methods. 7.1. Property To Be Assessed. All properties in the District will be assessed for their proportionate share of the costs of the District's Share of the Improvements plus the Incidental Costs from which they derive a benefit as determined and set forth herein. The District's Share of DocuSign Envelope ID: 0AB4E787-B5BC-4E56-9E12-9DF7F67E1047 272 Version April 2020 the Improvements plus the Incidental Costs shall be assessed against the property in the District benefitting from these Improvements, based on the method as authorized by Section 7-12-4163, M.C.A., as particularly applied and set forth in Section 7.2 hereof. 7.2. Lot Frontage. The District's Share of the Improvements plus the Incidental Costs will be assessed using the lot frontage method of assessment. The Engineer has determined the lineal feet of the frontage on Bogert Place of each lot, tract or parcel, based on current recorded plats and certificates of survey for each lot, tract or parcel of land, on file at the Clerk and Recorder’s office. The total lineal feet frontage of the District to be assessed, exclusive of streets, roads, and rights-of-way, is 1,210.61 feet. The total estimated cost of the District's Share of the Improvements, including Incidental Costs, to be funded through the District is $168,064 and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs of the District's Share of the Improvements that the frontage of such lot, tract or parcel bears to the total frontage of all lots, tracts or parcels of land in the District, exclusive of streets, roads, and rights-of-way. The District's Share of the Improvements plus the Incidental Costs per lineal foot of frontage, exclusive of interest, shall not exceed $138. The estimated principal assessment for each lot, tract or parcel of land for the District's Share of the Improvements is shown on Exhibit C hereto. 7.4. Principal Amount Only; Interest Rate. The estimated dollar amount of each special assessment against each lot, tract, or parcel in the District is only the principal amount of such special assessment. Notwithstanding any provision herein to the contrary, pursuant to 7-12- 4189(1), MCA, all unpaid special assessments will bear interest at a rate equal to the sum of the average interest rate payable on the outstanding Warrants at the time the assessment is levied plus not less than ½ of 1% per year. 7.4. Assessment Methodology Equitable and Consistent with Benefit. This Commission hereby determines that the method of assessment described above and the assessment of costs of the District's Share of the Improvements against the properties benefitted thereby as prescribed in this Section 7 are equitable and in proportion to and not exceeding the special benefits derived from the Improvements by the lots, tracts and parcels to be assessed therefore within the District. Section 8. Payment of Assessments. The special assessments for the costs of the District's Share of the Improvements plus the Incidental Costs shall be payable over a term not exceeding (20) twenty years, each in equal semi-annual installments of principal, plus interest, or equal semi-annual payments of principal and interest, as this Commission shall prescribe in the resolution authorizing the issuance of the Warrants. Property owners have the right to prepay assessments as provided by law. The estimated total principal amounts of special assessments against properties in the District are shown on the attached Exhibit B. Such amounts are estimates only and are exclusive of interest. In the event the District is created and the Warrants are issued, and an interfund loan from the City’s General Fund is used to purchase the Warrants thereby making available funds to finance the District’s Share of the Improvements including the Incidental Costs, the special assessments levied against properties in the District will be stated as semiannual installments of principal and interest over a term of up to twenty (20) years. Section 9. Method of Financing. The City on behalf of the District will issue the Warrants payable to the General Fund in an aggregate principal amount not to exceed $168,064 in order to DocuSign Envelope ID: 0AB4E787-B5BC-4E56-9E12-9DF7F67E1047 273 Version April 2020 finance a portion of the costs of the Improvements and all Incidental Costs. The City Commission intends to use excess monies of the Revolving Fund transferred to the General Fund to purchase the Warrants to make funds available to finance the District’s Share of the Improvements including the Incidental Cost, such Warrants to be held by the General Fund and drawn against the SID 778 Bogert Place Fund. Principal of and interest on the Warrants will be paid from special assessments levied against the benefitted properties in the District. In determining it intends to authorize a loan from the General Fund to the SID 778 Bogert Place Fund, this Commission has taken into consideration the following factors: (a) Diversity of Property Ownership. There are 7 (seven) separate parcels of land in the District, with 9 separate owners. (b) Comparison of Special Assessments and Property Taxes and Market Value. The City has compared the estimated market value of each lot, tract, and parcel in the District after the Improvements are made to the amount of the proposed special assessments against each lot, tract, and parcel in the District. The estimated market value of each lot, tract, and parcel in the District after the Improvements are made is expected to be in excess of the proposed special assessments against each lot, tract, and parcel in the District. (c) Outstanding Special Assessments. As of the date of this resolution, the amount of special assessments against properties in the District is $0.00. (d) Delinquencies. The records of the County Assessor show that of the 7 taxable properties in the District, nine (0) properties have delinquent property taxes or annual city assessments. The total value of delinquent property taxes within the district equals $0.00 and the total delinquent city assessments equal $0.00. (e) The Public Benefit of the Improvements. The planned Improvements will preserve public safety by providing through lanes and drive approaches for those who reside along this street or use the street to access their residences and businesses. Safety will be improved, especially for those properties within the District, by reconstructing roadway that has deteriorated beyond the point where it can be maintained and by installing pedestrian ramps and traffic control signage. The planned storm water collection improvements will benefit properties within the district by improving drainage and reducing the risk of flooding caused by major storm events. Section 10. Public Hearing; Protests. At any time within fifteen (15) days (or such longer period if required by law) from and after the date of the first publication of the notice of the passage and approval of this Resolution, any owner of a lot, tract, or parcel within the District subject to assessment and taxation for the cost and expense of making the Improvements may make and file with the City Clerk until 5:00 p.m., MT, on the expiration date of said 15-day period (March 1, 2023) written protest against the proposed Improvements, or against the creation of the District. Such protest must be in writing, identify the property in the District owned by the protestor and be DocuSign Envelope ID: 0AB4E787-B5BC-4E56-9E12-9DF7F67E1047 274 Version April 2020 signed by all owners of the property. The written protest must be delivered to the City Clerk, who shall endorse thereon the date and hour of its receipt. For purposes of calculating protests under Section 7-12-4113, M.C.A., the sufficiency or insufficiency of protests, if any, as to the entire proposed District shall be based on the estimated total principal amount of special assessments made by valid protestors in the District as compared to the estimated total principal amount of special assessments to be levied against all properties in the District. The Commission will at its next regular meeting after the expiration of the protest period, on March 7, 2023, proceed to hear and pass upon all such protests so made and filed. Section 11. 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 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 the owner's name upon the last completed assessment roll for state, county, and school district taxes, at the owners 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 _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 0AB4E787-B5BC-4E56-9E12-9DF7F67E1047 February 237th 275 Version April 2020 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. 5464, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 778 FOR LOCAL IMPROVEMENTS TO BOGERT PLACE; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF MUNICIPAL WARRANTS” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on February ____, 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 _____ day of February, 2023. _______________________________________ City Clerk CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE DocuSign Envelope ID: 0AB4E787-B5BC-4E56-9E12-9DF7F67E1047 None Andrus, Cunningham, Pomeroy, & Madgic Coburn 9th None 276 DocuSign Envelope ID: 0AB4E787-B5BC-4E56-9E12-9DF7F67E1047 277 EXHIBIT BProperty Address Property Owner 1 Property Owner 2 Property Owner 3 Mailing Address City Zip Code State Bogert Pl Frontage (lf) SID Assessment411 S Church Ave Sinnay, Kenneth PO Box 42 Bozeman 59771 MT 150 20,700.00$           418 Bogert Pl Williams, Natalie E PO Box 7324 Bozeman 59771 MT 63.36 8,743.68$             412 Bogert Pl McCallum, Bruce D McCallum, Mary L 412 Bogert Pl Bozeman 59715 MT 73 10,074.00$           406 Bogert Pl McCallum, William L McCallum, Mariah A McCallum, Matthew B 406 Bogert Pl Bozeman 59715 MT 190 26,220.00$           405 E Story St Kinsey, Margaret L 405 E Story St Bozeman 59715 MT 95 13,110.00$           Bogert Park City of Bozeman 20 E Olive Street Bozeman 59771 MT 422.5 58,305.00$           Bozeman Creek City of Bozeman 20 E Olive Street Bozeman 59771 MT 216.75 29,911.50$           Total Accessable Frontage 1210.61Assessment/LF 138.00$                       Total Assessment 167,064.18$               DocuSign Envelope ID: 0AB4E787-B5BC-4E56-9E12-9DF7F67E1047278 Exhibit C Item Description Unit Est. Quantity Unit Price Total Price 101 Taxes, Bonds, Insurance L.S. 1 10,000.00$ 10,000.00$ 102 Mobilization L.S. 1 30,000.00$ 30,000.00$ 103 SWPPP Implementation L.S. 1 6,000.00$ 6,000.00$ 104 Unclassified Excavation Above Subgrade C.Y. 1,650 26.00$ 42,903.85$ 105 Remove Existing Concrete Sidewalk, Ped Ramps, and Drive & Alley Approaches S.F. 225 4.55$ 1,023.75$ 106 Remove existing wood post (bollards)EA 63 250.00$ 15,750.00$ 107 Remove existing Steel gate EA 1 1,000.00$ 1,000.00$ 108 Geotextile Separation Fabric S.Y. 2,599 1.60$ 4,158.37$ 109 3" Minus Uncrushed Subbase C.Y. 825 40.00$ 33,002.96$ 110 1" Minus Crushed Base Course C.Y. 413 50.00$ 20,626.85$ 111 Asphalt Concrete Pavement 3" Thickness S.Y. 1,845 21.00$ 38,752.00$ 112 Concrete Curb and Gutter L.F. 1,256 24.00$ 30,144.00$ 113 Ped Ramps, Drive and Alley Approach, and Sidewalk (6" Depth)S.F. 676 13.00$ 8,788.00$ 114 Concrete Sidewalk 4" Depth S.F. 950 11.00$ 10,450.00$ 115 ADA Detectable Warning Panel S.F. 20 60.00$ 1,200.00$ 116 4" Sch 80 PVC Utility Conduit L.F. 80 20.00$ 1,600.00$ 117 Topsoil, Sod & Site Restoration L.S. 1 20,000.00$ 20,000.00$ 118 Traffic Control L.S. 1 20,000.00$ 20,000.00$ 119 2" Square Tube Metal Posts L.F. 72 50.00$ 3,600.00$ 120 Aluminum Signs S.F. 22 50.00$ 1,100.00$ 121 Epoxy Pavement Marking (Curb, Top & Face)GAL 5 500.00$ 2,500.00$ 122 Construction Staking & Quality Assurance L.S. 1 12,000.00$ 12,000.00$ 123 Exploratory Excavation HR 5 300.00$ 1,500.00$ 124 Miscellaneous Work EA 25,000 1.00$ 25,000.00$ -$ TOTAL SCHEDULE 1 ESTIMATE 341,099.79$ Item Description Unit Est. Quantity Unit Price Total Price 401 12" SDR 35 PVC Storm Sewer Pipe L.F. 33 86.00$ 2,838.00$ 402 15" SDR 35 PVC Storm Sewer Pipe L.F. 118 86.00$ 10,148.00$ 403 Standard Storm Drain Inlet EA 2 5,000.00$ 10,000.00$ 404 Storm Drain Hydrodynamic Separator EA 1 65,000.00$ 65,000.00$ 405 Stream Bank Improvements L.S. 1 15,000.00$ 15,000.00$ 406 Miscellaneous Costs EA 10000 1.00$ 10,000.00$ TOTAL SCHEDULE 4 ESTIMATE 112,986.00$ TOTAL COMBINED SCHEDULE 1 AND 4 BID 454,085.79$ W/ 10% Contingency 499,494.37$ Engineers Estimate Schedule 4: Installation of new storm drain and inlets on Bogert Place 2023 Bogert Place Street Reconstruction Engineers Estimate Schedule 1: Reconstruction of Bogert Place from Church to Story Street including: removing the existing road section from curb-to-curb an constructing a new road section, installation of storm sewer, new signage, spot replacement of existing sidewalks, replacing drive approaches, adjusting existing utilities to accomodate the new roadway, restoring boulevards to pre-existing conditions, and all related work incidental to construction. DocuSign Envelope ID: 0AB4E787-B5BC-4E56-9E12-9DF7F67E1047 279 Memorandum REPORT TO:City Commission FROM:Lynn Hyde, Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Preliminary Planned Unit Development (PUDP) for the Shady Glen PUDP, Birdie Drive and Commercial Drive, Application 22293 (Quasi-Judicial) MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial 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 22293 and move to approve the Shady Glen PUDP, 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 Department of Community Development received a preliminary planned unit development (PUDP) Application on September 2, 2022 concurrently with a major subdivision preliminary plat application, requesting to develop 11.87 acres into 16 residential lots, two of which ae proposed to be deed restricted affordable housing units, and 5 common open space lots. Common Open Space Lot 3 is a 7.129 acre lot proposed to be set aside as a wildlife refuge. The parcel is zoned R-1, Residential Low Density District. The City Commission is required to hold a Public Hearing on the PUDP prior to the final decision. The PUDP proposal requests 6 relaxations from development standards which are listed below. The application is required to meet all other requirements that are not included in a relaxation request. Below are brief summaries of the relaxation requests which are discussed in further detail in this report. 1. BMC 38.310.030.A – A relaxation to allow townhouses as a permitted use within the R-1 zoning district in order to provide two deed-restricted affordable housing units. 280 2. BMC 38.400.010.A.8 – A relaxation for the design of a dual (combined) use access for pedestrians and emergency or other authorized vehicles. 3. BMC 38.400.050.A. – A relaxation from specific right-of-way and local street design standards, for Shady Glen Lane. 4. BMC 38.410.040.D – A relaxation from right-of-way and design standards for a pedestrian access doubling as an emergency vehicle access. 5. BMC 38.410.100.A.2.c.4. – A relaxation from watercourse setback and wetland buffer requirements. This relaxation request is to reduce the 50- foot setback to 35-feet. This reduction affects 9 of the proposed 16 lots. 6. BMC 38.410.100.A.2.d – A relaxation to allow placement of fill material, for non-exempt uses, within the East Gallatin River’s 100-year floodplain. The applicant proposes to place fill within the shallow floodplain fringe in two areas. The fill is excavated from the site and increasing the floodplain storage elsewhere on site. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-1 zoning district. Note that the PUD criteria found in BMC 38.430 has since been replaced by a new planned development zone district (PDZ) criteria. However, this project began review and received adequacy prior to the effective date of the new PDZ. Compliance with the previous PUD code sections is the basis for the review and decision. A copy of the applicable code is included in the project development folder and title, Bozeman Municipal Code Jan 3, 2022 Reference Copy – Chapter 38. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the DRC found the application sufficient for continued review on September 27, 2022. The application is complete for design review purposes. The Community Development (CD) Board (acting in their capacity as the Design Review Board) reviewed the application on March 6, 2023. The CD Board is the design review advisory board to the City Commission on this application. The motion to recommend approval with recommended conditions passed, 4-3. The CD Board meeting can be viewed here, https://bozeman.granicus.com/player/clip/1973 To view the full application: Application 22293 Materials. UNRESOLVED ISSUES:There are no unresolved issues with this application, other than the 7 staff- recommended conditions of approval noted in Section 3 found on page 14 of 281 the staff report. ALTERNATIVES:Approve the application with the recommended conditions; Approve the application with modifications to the recommended conditions; Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or Open and continue the review on the application with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:There are no identified fiscal impacts to the city. Attachments: Staff Report to City Commission for Shady Glen PUDP 22293.pdf Report compiled on: March 7, 2023 282 Page 1 of 37 22293 City Commission Staff Report for the Shady Glen Preliminary Planned Unit Development (PUDP) Public Meeting/Hearing Dates: Community Development Board met (acting in their capacity as the Design Review Board (DRB)) - Monday, March 6, 2023 at 6:00 pm. City Commission meeting will be held Tuesday, March 21, 2023 at 6:00 pm Project Description: A preliminary planned unit development (PUDP) to request relaxations required for major subdivision application requesting to subdivide 11.87 acres into 16 residential lots (two of which are proposed to be deed restricted affordable housing lots) and 5 common open space lots (one of which is proposed to be a 7.129 acre wildlife refuge). There are 6 relaxations being requested with this PUDP. Anywhere a relaxation is not being requested, the application is required to meet the Bozeman Municipal Code (BMC). This PUDP is being reviewed concurrently with the Shady Glen preliminary plat (PP) application, Application 22294. Project Location: The property is legally described as Bridger Creek Subdivision, Tract 1-A, Plat J-200K, COS 885, Amended Plat of Lot 57A of the Amended Plat Lots 56, 57 & 58A of Bridger Creek Subdivisions Phase 1, Section 31, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions with the approval of requested relaxations. 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 22293 and move to approve the Shady Glen PUDP, with contingencies required to complete the application processing. Report Date: March 7, 2023 Staff Contact: Lynn Hyde, Development Review Planner Lance Lehigh, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY This report is based on the application materials submitted and 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. Nineteen public comments have been 283 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 2 of 37 received as of the writing of this report. The public comment can be found in the City’s Laserfiche archive and available to the public. Unresolved Issues. There are no unresolved issues with this application other than the 7 staff-recommended conditions of approval noted in Section 3 below found on page 14. Project Summary The Department of Community Development received a preliminary planned unit development (PUDP) Application on September 2, 2022 concurrently with a major subdivision preliminary plat application, requesting to develop 11.87 acres into 16 residential lots, two of which ae proposed to be deed restricted affordable housing units, and 5 common open space lots. Common Open Space Lot 3 is a 7.129 acre lot proposed to be set aside as a wildlife refuge. The parcel is zoned R-1, Residential Low Density District. The PUDP proposal requests 6 relaxations from development standards which are listed below. The application is required to meet all other requirements that are not included in a relaxation request. Below are brief summaries of the relaxation requests which are discussed in further detail in this report. 1. BMC 38.310.030.A – A relaxation to allow townhouses as a permitted use within the R-1 zoning district in order to provide two deed-restricted affordable housing units. 2. BMC 38.400.010.A.8 – A relaxation for the design of a dual (combined) use access for pedestrians and emergency or other authorized vehicles. 3. BMC 38.400.050.A. – A relaxation from specific right-of-way and local street design standards, for Shady Glen Lane. 4. BMC 38.410.040.D – A relaxation from right-of-way and design standards for a pedestrian access doubling as an emergency vehicle access. 5. BMC 38.410.100.A.2.c.4. – A relaxation from watercourse setback and wetland buffer requirements. This relaxation request is to reduce the 50-foot setback to 35-feet. This reduction affects 9 of the proposed 16 lots. 6. BMC 38.410.100.A.2.d – A relaxation to allow placement of fill material, for non-exempt uses, within the East Gallatin River’s 100-year floodplain. The applicant proposes to place fill within the shallow floodplain fringe in two areas. The fill is excavated from the site and increasing the floodplain storage elsewhere on site. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-1 zoning district. 284 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 3 of 37 Note that the PUD criteria found in BMC 38.430 has since been replaced by a new planned development zone district (PDZ) criteria. This application now qualifies under the current UDC provisions for a “Legacy planned unit development”, pursuant to Section 38.440.010.A because the application was deemed “adequate for further review” on September 27, 2022, prior to the City’s October 27, 2022 replacement of UDC PUD standards with new Planned Development Zone (PDZ) District. The new PDZ regulations established new procedures for review of older PUDs and PUD applications, now deemed “legacy” PUDs. This application is being reviewed and evaluated by the previous PUD review criteria as well as by relevant process and review criteria for “legacy” PUDs. Should this Preliminary PUD be approved by the City Commission, it would be deemed a Legacy Preliminary PUD and a Legacy Final PUD would follow the procedures and standards of UDC 38.440.020, Legacy Final Plan Review and Approval. Individual lot development proposals, such as a site plan, would be measured by the approved Legacy Final PUD and relevant R-1 District and UDC standards in effect at the time of such an application. Any amendment to an approved Legacy Final PUD must meet the standards for “minor amendments” pursuant to UDC 38.440.030. Changes greater than minor amendments must be processed as a new Planned Development Zone (PDZ) application subject to UDC 38.430 standards. A copy of the applicable code is included in the project development folder and title, Bozeman Municipal Code Jan 3, 2022 Reference Copy – Chapter 38. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the DRC found the application sufficient for continued review on September 27, 2022. The application is complete for design review purposes. The Community Development (CD) Board, acting in their capacity as the Design Review Board (DRB) reviewed the application on March 6, 2023. The DRB is the design review advisory board to the City Commission on this application. The CD Board motion to recommend approval with recommended conditions passed, 4-3. The link to view the full CD Board meeting is provided. Summary of the discussion is below. These points were expressed by at least one member, the bullets don’t necessarily represent the thoughts of the entire board. 1. Positives: a. Alternative right-of-way width provides a superior design and creativity surrounding the roadways. Like that it pulls the development further from the wetlands setback. b. The Board expressed enthusiasm of the multi-modal connectivity that is provided. c. Commended the applicant for continuing to be creative and work with neighbors. d. The Board liked that the project adds net increase in floodplain compensatory storage. e. The Board appreciated the affordable housing component. 2. Concerns: a. The Board expressed the desire to have a full local street as a secondary emergency access. 285 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 4 of 37 b. Expressed concern that the HOA must maintain the gated secondary access lane free from snow build-up so Fire and EMT vehicles may access the Site. c. Discussion surrounding if the wetland mitigation impacts proposed are adequate. 3. Neutral: a. Members of the Board expressed desire to design the secondary access for pedestrians first and emergency vehicles second. This would include treatments that make a pedestrian feel welcome and safe. b. Members of the Board expressed desire to have greater densities for infill projects, although understand the constraints of this site. c. The Board expressed the disappointment that the adjacent private property owners were not able to come to an agreement to provide a secondary full local street. d. Would like to understand the long term plan for the affordable housing units. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 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 review on the application with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items. 286 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 5 of 37 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 4 SECTION 1 – MAP SERIES .......................................................................................................... 6 SECTION 2 – REQUESTED Relaxations ................................................................................... 15 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 15 SECTION 4 – CODE REQUIREMENTS .................................................................................... 17 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 19 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 19 Applicable Planned Unit Development Review Criteria, Section 38.230.100.B, ............ 19 Conditional Use Permit Review Criteria, Section 38.230.110 ......................................... 26 Planned Unit Development Design Review Criteria, Section 38.430.090.E .................... 28 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 33 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 36 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 36 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 37 FISCAL EFFECTS ....................................................................................................................... 37 ATTACHMENTS ......................................................................................................................... 37 287 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 6 of 37 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 288 Page 7 of 37 Exhibit 2 – Community Plan 2020 Future Land Use 289 Page 8 of 37 Exhibit 3 – Current Land Use 290 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 9 of 37 Exhibit 4 – Preliminary Plat 291 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 10 of 37 Exhibit 5 – Landscaping Plan 292 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 11 of 37 Exhibit 6 – Wetland Delineation Map 293 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 12 of 37 Exhibit 7 – Watercourse setback and wetland impacts 294 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 13 of 37 Exhibit 8 – Shady Glen ‘Green Plan’ & Wildlife Refuge 295 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 14 of 37 Exhibit 9 – Multi-modal network 296 Page 15 of 37 SECTION 2 – REQUESTED RELAXATIONS The applicant requested 6 relaxations with the preliminary planned unit development (PUDP) application. 1. BMC 38.310.030.A – A relaxation to allow townhouses as a permitted use in the R-1 zoning district in order to provide two affordable housing units. 2. BMC 38.400.010.A.8 – A relaxation for the design of a dual (combined) use access for pedestrians and emergency or other authorized vehicles. 3. BMC 38.400.050.A. – A relaxation from specific right-of-way and local street design standards, for Shady Glen Lane. 4. BMC 38.410.040.D – A relaxation from right-of-way and design standards for a pedestrian access doubling as an emergency vehicle access. 5. BMC 38.410.100.A.2.c.4. – A relaxation from watercourse setback and wetland buffer requirements. This relaxation request is to reduce the 50-foot setback to 35-feet. This reduction affects 9 of the proposed 16 lots. 6. BMC 38.410.100.A.2.d – A relaxation to allow placement of fill material, for non-exempt uses, within the East Gallatin River’s 100-year floodplain. The applicant proposed to place fill within the shallow floodplain fringe in two areas. The fill is proposed to be excavated from elsewhere on the site, removing old railroad bed fill, and increasing the floodplain storage elsewhere on the site with a net increase in available floodplain storage. The proposed impact areas are less than .1 acres. The requested relaxations may be granted with a Planned Unit Development (PUD). The criteria for granting PUD relaxations found in BMC 38.430.030.A.4.c (This project began review and received adequacy prior to the effective date of the new PDZ. Compliance with the previous PUD code sections is the basis for the review and decision. A copy of the applicable code is included in the project development folder and title, Bozeman Municipal Code Jan 3, 2022 Reference Copy – Chapter 38.). Staff has reviewed the criteria and finds the relaxations meet justification for approval. Anywhere a relaxation is not requested, the application has been found in compliance with the Bozeman Municipal Code. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The approved affordable housing plan must be recorded concurrent with the final plat and a reference to the recorded document must be provided on the conditions of approval page of the final plat. The reference on the conditions of approval sheet must be, “This 297 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 16 of 37 subdivision is subject to affordable housing requirements to satisfy planned unit development requirements voluntarily opted into by the subdivider. The subdivision’s requirements and obligations can be found in the Shady Glen Affordable Housing Plan recorded as document no.__________ at the Gallatin County Clerk and Recorders Office.” This condition is satisfied with the recording of the final plat mylars and the affordable housing plan for the subdivision. The Clerk and Recorder should write in the document number for the recorded affordable housing plan on the conditions of approval sheet prior to the filming/scanning of the final plat. 2. The subdivider must install perpetual wetland boundary markers on the watercourse setback line on Lots 8, 9 & 10 prior to final plat approval. The wetland boundary markers proposed must be approved by the Community Development Department prior to installation. 3. Building Design Guidelines must be established and include a requirement applicable to all lots within the wetland buffer, and backing up to existing wetlands to ensure proper stewardship of the adjacent critical lands. At a minimum they must include the below: i. The back yard areas of lots near the wetlands will be filled ‘close to street level’ in order to create a fill slope at the back lot lines while will be planted with native grasses. Storm runoff from top slopes will drain as sheet flow over the slope, and the vegetation will ‘intercept, filter and infiltrate’ any runoff that does occur. This creates a buffer to protect the undeveloped floodplain and wetland areas from sediment and nutrients. ii. The HOA/POA require homeowners to use phosphorous-free fertilizers and to not dispose of trash, grass clippings or yard waste within the wetland buffer. Signage will be included noting the restrictions of pets from the wildlife refuge. The covenants will also include a requirement to install and maintain continuous fencing along the wildlife preserve. iii. In accordance with MPDES stormwater discharge requirements, any construction related sediment will be intercepted during construction with a silt fence, wattles or other filtration measures. 4. The subdivision must install a fence along the southern boundary of the proposed Shady Glen Wildlife Refuge adjacent to the Bridger Center Subdivision and on the east along the boundary with the proposed residential lots in this development. The fence design and materials must be approved by the Community Development Department prior to installation. Fence materials must limit passage of materials and equipment, minimize visual impact, and maximize durability and longevity. Fence installation must be completed prior to final plat approval; financial guarantee of this work is not allowed. In addition, the subdivision covenants will include a requirement for the applicant to install and the homeowners association to maintain the previously described fence. 298 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 17 of 37 5. The Planned Unit Development is permitted through the Conditional Use Permit process. The right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure and all of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, their successors or assigns, must be consented to in writing, and must be recorded as such with the County Clerk and Recorder’s office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. 6. The applicant shall complete construction or other provision of all identified public benefits which were the basis of the planned unit development qualifying for review and all amenities depicted on the preliminary planned unit development application materials prior to the issuance of the 9th building permit within the development. This includes the construction of the two affordable townhomes, the completion of the improvements associated with Common Open Spaces 03 & 04, as well as the way-finding improvements. This obligation must be included on the Conditions of Approval sheet of the associated final plat. 7. A wayfinding signage and educational signage program must be submitted to the city for review and approval with the final PUD approval. As the wayfinding program is part of the PUD performance points, the improvements must be completed with the PUD improvements. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. 2. Sec. 38.220.020 & 38.610.050. Prior to final plat approval, the applicant must provide the Community Development Department with a written statement of a wetland boundary determination from the U.S. Army Corps of the wetland status. If the wetlands are determined to be jurisdictional, an approved 404 permit for any changes to the wetland must be submitted to the Community Development office prior to final plat approval. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. Approved stream and wetland permits shall be provide prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland and streams. Permits and a FEMA approved LOMR-F must be provided prior to final plat approval. 3. BMC 38.220.320. In order to disclose to future purchasers their obligations regarding open space established in the municipal code the following language shall be included on the Conditions of Approval Sheet of the final plat: “As established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the municipal code effective on [DATE of Preliminary plat sufficiency determination], ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments 299 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 18 of 37 levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas, fencing on common open space and trails. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Shady G subdivision. The City may release the Shady Glen Property Owners’ Association from the obligation to maintain parks dedicated to the City at the City’s discretion.” 4. BMC 38.220.320. Covenants. Covenants, restrictions, and articles of incorporation for the creation of a POA (Documents) shall be submitted at least 30 working days prior to submitting the final plat application for review by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9) noxious weed control, and 10) assessment of existing and future Special Improvement Districts. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of recording of the final plat. 5. BMC 38.400.010. No parking is allowed along the cul-de-sac. No parking signs must be installed prior to final plat approval. 6. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping. The landscaping identified in the watercourse planting plan must be installed or financially guaranteed prior to final plat approval. 7. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e. swingset, trampoline. etc.) can be located within the watercourse setback. This language must be included in the POA documents and covenants. 300 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 19 of 37 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on September 27, 2022. Planning Board meeting will be held Monday, March 6, 2023at 6:00 pm both in person in the Commission Meeting Room and also using an online videoconferencing system. A link will be provided with the Planning Board agenda to participate remotely. City Commission meeting will be held Tuesday, March 21, 2023 at 6:00 pm both in person in the Commission Meeting Room and also using an online videoconferencing system. A link will be provided with the Planning Board agenda to participate remotely. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Planned Unit Development Review Criteria, Section 38.230.100.B, The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions 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. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1) Conformance to and consistency with the city’s adopted growth policy. Yes. The property has a future land use designation of Urban Neighborhood and is zoned R-1. The applicant proposes to set aside a large amount of the property (approximately 60%) as a wildlife refuge to protect the important ecosystem and wildlife habitat. The remaining 40% of the site is proposed to be developed consistent with the Urban Neighborhood designation and R- 1 zoning district. The project is in conformance to and consistent with the City’s adopted growth policy. Refer to Appendix A, Project Site Zoning and Growth Policy for additional discussion as well as goals and objectives this project is achieving. 2) Conformance to this chapter, including the cessation of any current violations. Yes. The project, if approved, will conform to the Bozeman Municipal Code other than the requested relaxations. If the Commission does not approve the relaxations then the project will not be in conformance and is not approvable, nor is the concurrent subdivision, Application 22294. There are no known documented violations of the BMC for this property. The applicant’s narrative adds that there have been numerous informal illegal ‘encampments’ that have been removed from the property. 301 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 20 of 37 3) Conformance with all other applicable laws, ordinances and regulations. Yes. If Relaxation 1, allowing townhomes in the R-1 zoning district, is approved, the uses of the site are consistent with the R-1 zoning district. No specific conflicts have been identified. Additional steps will be required including, but not limited to, final payment for cash-in-lieu of water rights and parkland, finalization of the preliminary and final plat, recording of required easements, construction of infrastructure, PUD final plan documents and approval and building permits. The Building Division will review the requirements of the International Building Code for compliance at the time of building permit application. 4) Conformance with special review criteria for applicable permit type as specific in article 2; Yes. This CUP and PUD criteria are reviewed below. The project meets the requirements and criteria as presented. 5) Conformance with the zoning provisions of article 3, including Yes, with approval of the requested relaxations. Relaxation 1 is requesting to allow townhouses (2) in this development. Currently, Section 38.310.030, Table 38.310.030.A does not allow townhouse/rowhouse typologies in the R-1 zoning district. Previously, townhouses were a permitted use in the R-1 zoning district in order to satisfy the affordable housing provisions in the inclusionary zoning. Since that time, the State Legislature has removed the ability for local municipalities to require affordable housing, and with the redaction of the affordable housing ordinance, the ability to allow deed restricted affordable townhouse/rowhouse units in the R-1 zoning district was also removed from the code. Staff supports this relaxation. The applicant is voluntarily providing affordable housing unit (using the performance points towards the PUD), and the intent meets the City’s requirements previously required per Section 38.380.060 of the Unified Development Code. Staff finds this relaxation furthers the goals of the growth policy. In addition, a large portion of the site is remaining undeveloped, thus an increase in density for two units is not harmful to the neighborhood proposed or larger community at large. Refer to Exhibit 8 – Shady Glen Green Space Plan to see the amount of space preserved. Recommended Condition of Approval 1 includes an Affordable Housing Plan requirement. 6) Conformance with the community design provisions of article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements. Access to the site is via a proposed extension from Birdie Drive through The Condominium Links development to the east via an existing public access easement. A secondary emergency access to the site comes from the south off Commercial Drive. The access is gated at the property line that meets the Fire Department access requirements. It is not feasible to create a full street connection to Commercial Drive to south due to physical constraints of the right-of-way 302 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 21 of 37 alignment. Portions of the right-of-way that would be required were vacated previously by the city. A cul-de-sac is proposed at the northern end of Shady Glen Lane which are typically prohibited unless they are deemed “necessary due to topography, the presence of critical lands, access control, adjacency to parks or open space, or similar site constraints. Pedestrian walks must be installed at the end of culs-de-sac where deemed appropriate” (BMC38.400.010.A.9). The cul- de-sac is necessary due to adjacency to park, open space, wetlands, and lack of access to adjacent streets. A pedestrian walkway was provided at the end of the culs-de-sac to the adjacent pedestrian path on the northeast portion of the subdivision. The cul-de-sac was reviewed by the Engineering Department as well as the emergency services and found to be adequate. Refer to Code Requirement 5 which prohibits parking at the end of the culs-de-sac. Per BMC 38.410.040.B,“Block length must not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case may a block exceed 1,320 feet in length. Based on the applicant’s diagram, staff reviewed and concurred that this subdivision is in compliance with this code provision. Due to the unique nature of this subdivision and the layout, it is somewhat debatable as to what is considered the start of the block. If the block is considered to start from the pedestrian connection to Commercial Drive and end at the cul-de-sac, the block is less than 600’, however if the block is considered to start at Birdie Drive and end at the cul-de- sac, the distance is 1,140’. Although longer than the typical 300 to 400 feet block, it is within the 1,320’ maximum, thus staff determined a relaxation is not necessary based upon measurements provided. Whether the block is considered to start at the pedestrian right-of-way that connects to Commercial Drive, or if the block starts at Birdie Drive, the road is less than 1,320 feet to the cul-de-sac, thus meeting this code requirement. Refer to Exhibit 9 – Multi-modal network which contains measurements for the block segments. Relaxation 2 requests allowing a dual access for pedestrians and emergency (or other authorized) vehicles. BMC 38.400.010.A.8 requires second or emergency access in order to facilitate movement, the provision of emergency services and the placement of utility easements. The entire access is required to be maintained for all-season access by a private-party maintenance agreements set up by the Shady Glen Property Owner’s Association. The proposed dual access would also provide an emergency access through route between the existing cul-de-sacs of Bridger Center Drive/Commercial Drive and Birdie Drive. Staff supports this proposed relaxation as the dual access furthers the multi-modal connectivity between neighborhoods and trail systems for pedestrians and bicycles. In addition, the emergency access provides a new connection for both the proposed neighborhood as well as existing neighborhoods, and is a solution for a property that otherwise does not have a secondary access option. Refer to Exhibit 9 – Multi-modal network. The Fire Department has 303 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 22 of 37 reviewed the application and determined the design is adequate to provide the requisite secondary emergency access. Relaxation 3 is requesting a reduced width for the right-of-way provided with Shady Glen Lane. BMC 38.400.050.A requires all streets and road to meet the right-of-way width and construction standards contained in this chapter. A typical local street section is 60’ and includes a 5’ sidewalk on both sides of the street, boulevard landscape strip, parking and two travel lanes. The application proposes the below changes to a standard street section in order to better protect the critical wetlands by shifting the lots easterly away from the wetlands. • Provide 5’ sidewalk on the west side of Shady Glen Lane immediately adjacent to the street, removing the boulevard strip. In lieu of a boulevard strip and street trees, the Development Guidelines will require trees to be planted on each residential lot. • Eliminate the sidewalk on the eastern side of Shady Glen Lane as there is an existing gravel trail that runs parallel where a sidewalk would be, and because there are no lots proposed on the eastern side of Shady Glen Lane. • Eliminate the east side parking lane as there are no residential lots on the eastern side and would likely be providing excessive on-street parking. Staff supports this proposed relaxation in order to shift the lots to the east where possible in order to mitigate impacts to the wetlands. Staff finds this design proposal to impact the wetlands less than the alternatives which could include, a full street section, with the lots pushed further into the wetland setbacks. Another alternative, interestingly enough would not have required a relaxation, would be to have the street going through the wetland. Streets are an exempt improvement in the wetland, even though in this case, it would have had a greater impact on the wetlands that the back yards of the lots in the wetland. This design provides the least impact to the wetland setbacks of all the alternatives explored. Refer to Code Requirements 2, 3, 4, 6 & 7. Relaxation 4 is requesting alternative design requirements for the dual-access as it relates to the pedestrian right-of-way design requirements. BMC 38.410.040.D requires pedestrian rights-of- way meet specific design requirements including specific setbacks for adjacent buildings, maintenance requirements and that the walk is constructed as a city standard sidewalk. The proposal requests to specify the setback for adjacent buildings as 7.5’ instead of the required 10’ and to construct the pathway as asphalt in lieu of concrete (which is the ‘city standard sidewalk’ material). Setbacks adjacent to pedestrian rights-of-way less than 30’ wide (this right-of-way is proposed at 20’) must be not less than ten feet. The applicant’s narrative states “Because the 20-foot width is a requirement for the emergency access and a single-use pedestrian walk could meet the standards at a 10-foot width, the widening of a 10-foot walk to 20 feet is required only due to the unique, dual-use nature of the pedestrian walk. The proposed widening would result in a pedestrian ‘corridor’ (walkway plus setbacks) of 35 feet which exceeds the standards, in terms of total width including setbacks, by 5 feet.” 304 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 23 of 37 The second portion of this relaxation is the proposed surface material. The code provision states that a pedestrian walk is to be constructed as a city standard sidewalk which would include the surface material. Typical city standard sidewalk is concrete, the proposal is for asphalt due to the dual use nature of the access. Staff concurs that if this pedestrian access is to also be used as an emergency access, additional consideration to design criteria is warranted. The reduced setback from 10’ to 7.5’ (2.5’ less) is not anticipated to take away from the resident’s privacy, nor the user’s experience of the public pathway. In addition, if the proposal is to use this access as a secondary emergency vehicle access, asphalt is the likely surface material. Staff supports this relaxation. Code Requirement 4 addresses the components that must be placed in the CC&Rs. 7) Conformance with the project design provisions of article 5, including compatibility with, and sensitivity to, the immediate environment of the site and adjacent neighborhoods and other approved development; design and arrangement of the elements of the plan; landscaping; open space; lighting; signage Not applicable as any residence of 5 or fewer units does not have to adhere to Article 5. 8) Conformance with environmental and open space objectives set forth in articles 4-6, including: The project site is comprised of 3.26 acres of wetlands. Four wetland systems and one nonwetland water way were delineated during the wetland delineation. The wetlands were labeled as Wetland 1, Wetland 2, Wetland 3, Wetland 4, and Wetland 4a. Refer to previous Exhibit 6 – Wetland Delineation Map. Relaxation 5 is requesting a reduction from the 50’ setback that is required to 35’ for 9 of the proposed 16 lots. BMC 38.410.100.A.2.c.4 requires that setbacks be extended a minimum of 50 feet beyond the perimeter of a connected wetlands. Exhibit 7 – Watercourse setback shows the proposed extend of a 35’ setback. BMC 38.410.100.A.2.b(2) states [nothing in this section prohibits an owner of affected property from:] when applicable, seeking a deviation to dimensional standards of the watercourse setback, as allowed by and subject to the requirements of divisions 38.340 or 38.430 of this chapter. The reference to BMC 38.430 is the reference to an applicant’s ability to request a reduction to the watercourse setback through a PUD process. The applicant states in the narrative, “A relaxation of the 50-foot wetland buffer width to 35 feet is requested to allow for reasonable building envelopes and to achieve minimum net density required in R-1 zoning. The residential lots have been arranged to ensure that all building envelopes would be outside of the proposed 35 foot wetland buffer.” In order to ensure proper stewardship of the wetland buffer, the applicant proposes the following: a. Building Design Guidelines are proposed to include a requirement, applicable to all lots within the wetland buffer, and backing up to existing wetlands, to route their roof 305 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 24 of 37 drainage to rain barrels or on-property infiltration facilities. This will reduce the volume of runoff towards the wetlands. b. The back yard areas of lots near the wetlands will be filled ‘close to street level’ in order to create a fill slope at the back lot lines while will be planted with native grasses. Storm runoff from top slopes will drain as sheet flow over the slope, and the vegetation will ‘intercept, filter and infiltrate’ any runoff that does occur. This creates a buffer to protect the undeveloped floodplain and wetland areas from sediment and nutrients. c. The HOA/POA require homeowners to use phosphorous-free fertilizers and to not dispose of trash, grass clippings or yard waste within the wetland buffer. Signage will be included noting the restrictions of pets from the wildlife refuge. The covenants will also include a requirement to install and maintain continuous fencing along the wildlife preserve. d. In accordance with MPDES stormwater discharge requirements, any construction related sediment will be intercepted during construction with a silt fence, wattles or other filtration measures. The US Army Corps of Engineers has issued a wetland fill permit coinciding with the proposed areas of wetland impacts. The total impacts are less than 0.10 acres. The applicants narrative speculates that these efforts to protect the wetland may “reduce wetland impacts to zero and, over time, might even result in a net increase in wetlands acreage on the site”. Staff concurs that the mitigation measures are robust, and supports the relaxation request with the proposed Condition of Approval 2 that requires the developer to install perpetual wetland boundary markers on the watercourse and Condition of Approval 3 that requires the establishment of Building Design Guidelines. Relaxation 6 is requesting a relaxation to allow placement of fill material, for non-exempt uses, within the East Gallatin River’s 100-year floodplain. The applicant proposed to place fill within the shallow floodplain fringe in two areas. The fill is proposed to be excavated from elsewhere on the site, removing old railroad bed fill, and increasing the floodplain storage elsewhere on the site with a net increase in available floodplain storage. BMC 38.410.100.A.2.d states “No newly constructed residential or commercial structure, addition to an existing structure, fence, deck fill material (other than that required for exempt uses), parking lot or other impervious surfaces, or other similar improvements may be located within required watercourse setback, unless approved through, and in conformance with, a variance or deviation process as authorized in this chapter.” As previously discussed, a planned unit development is a ‘deviation process’ authorized in this chapter. In order to mitigate any potential impacts to the wetland, the applicant has proposed to pull fill from a historic railroad bed west of Lot 5, and place the fill on the backs of Lot 3,4 8, 9, 10 & 11. The applicant’s narrative states, “The combined fill volume below the 100-year flood elevation (i.e., loss of flood storage capacity) will be less than the excavation volume below the 100-year flood elevation west of Lot 5 (i.e., gain in flood storage capacity). In other words, the proposed grading actually increases flood storage volume as compared to 306 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 25 of 37 existing conditions. This is a rare occurrence for this type of relaxation/variance request in that the proposed plan to place fill within the floodplain would not negatively impact flood conveyance or storage capacity.” A CLOMR permit has already been obtained from the Federal Emergency Management Agency (FEMA) and can be found in the application materials. Staff supports this relaxation request as it is increasing the floodplain capacity, as well as providing mitigation measures for stormwater runoff from the urban development prior to reaching the wetlands. 9) Conformance with the natural resource protection provisions of article 4 and article 6. The undeveloped site is home to existing wildlife. The applicants narrative states “large ungulates such as white tail deer, moose and possible mule deer inhabit the property during different seasons. Smaller mammals consisting of squirrels, raccoons, rabbits, skunks, beavers, mink and possible otters frequent the property periodically. Avian species notably a variety of raptors, songbirds, wading birds, upland birds, waterfowl, and cranes have been viewed on the property. Naturally, the development of a site will disturb the existing ecosystem. This site is inside city limits and urban type development is anticipated. The applicant is proposing to leave over 60% in a wildlife refuge. The lack of human intrusion on these 7.13 acres allows wildlife a secure place to shelter and feed. In addition, this park is contiguous with Glen Lake Rotary Park which extends the natural setting of the existing park, and allow for fluid migration for the wildlife without crossing urban interface. The wildlife refuge will protect wildlife movements areas and the existing federally protected wetlands, water bodies, and wildlife habitat from human impacts. In addition, the Shady Glen HOA will require homeowners with lot lines adjoining the wildlife preserve to provide fencing to protect wildlife from pets and vice versa. A representative from the Montana Fish, Wildlife & Parks stated “This development alone is not likely to negatively impact big game at a population level for several reasons. It represents a small parcel (about 12 acres), most of which will be preserved in open space. This open space is currently planned to be adjacent to other open space lands owned by the City of Bozeman and along the banks of the East Gallatin River. Placing open space lands together amplifies benefits of the open space to wildlife. The proposed area is not in crucial big game winter range nor a known migration corridor for big game species. Finally, the area is proximate to other major developments at the outskirts of Bozeman”. In order to minimize human and wildlife conflict, the trails are not being placed on the wildlife refuge. In addition, Recommended Condition of Approval 3 above requires the applicant to construct a fence between the wildlife refuge and the commercial users to the south to minimize user conflict. Lot owners will be required to install fencing along the west lot lines, bordering the wildlife refuge to provide separation between the wildlife and residential units. The vegetation on site consist of Palustrine Scrub/shrub broadleaf deciduous forest, wetlands, and a fallowed hay pasture grassland. The forested areas are dominated by sandbar willow, red- 307 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 26 of 37 osier dogwood, woods rose, quaking aspen and Bebb’s willow, alder, and canary reed grass. The wetland areas of the site are characterize by plant communities typically found in riparian areas or areas Saturday by groundwater conditions including, but not limited to: reed canary grass; beaked sedge; wooly sedge; wheat sedge; round-fruit rush; Colorado rush; Baltic rush; common cattail; and common spike-rush. There are also noxious weeds onsite. A weed management plan was submitted to, and approved by, Gallatin County. The application also notes they have removed approximately 2 tons of household trash from four homeless camps located within the Aspen grove on the property. While the development will naturally disturb vegetation where homes are proposed, however the remainder of the site will be improved to a superior environmental condition, and preserved. Areas disturbed during construction will be reclaimed through plantings of diverse riparian vegetation consisting of riparian grasses, forbs, scrub/shrubs and trees that tolerate saturated to semi-saturated soil conditions. The applicants narrative states, “Best Management Practices (BMPs) will be installed prior to project initiation to ensure that storm runoff from the areas of ground disturbance will be contained and treated onsite during and after construction. Low Impact Development (LID) designs such as infiltration galleries and biofiltration will be incorporated into the project’s final landscape design. These design features will help with water conservation.” 10) Other related matters, including relevant comment from affected parties. Nineteen public comments have been received to date. 11) If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this chapter, whether the lots are either: a) configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b) The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. Not applicable. The site will be subdivided according to the concurrent subdivision (22294). 12) Phasing of items listed in section 38.230.020.B, including but not limited to buildings and infrastructure. Not applicable. The project is proposed to be constructed in one phase. A subdivision is being reviewed concurrently with this PUD. Conditional Use Permit Review Criteria, Section 38.230.110 Planned Unit Developments (PUD) are reviewed as Conditional Use Permits (CUP), thus the PUD must also be reviewed against the CUP criteria. See staffs analysis below. 308 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 27 of 37 E. In addition to the review criteria of section 38.230.110, the review authority shall, in approving a conditional use permit determine favorably as follows: E.1) That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. Yes the site is adequate is size to accommodate the land use. Typically, at 5 dwelling units per acre, before removing the critical areas, this site would be expected to have 55 or more units. Due to the critical areas including wetlands, floodplains, and setbacks, the developable area of the property is greatly reduced and 16 units are being proposed. The applicant has worked to use the developable area of the site, and the remainder will be an added benefit to the proposed neighborhoods, existing neighborhoods, community at large and wildlife but providing missing links to the multi-modal network, additional wildlife refuge areas, and affordable housing units. E.2) That the proposed use will have no material adverse effect upon the abutting property. Person objecting to the recommendations of review bodies carry the burden of proof. Yes. While change is inevitably going to have an effect on neighbors, this development provides a net gain to the neighborhood and has no material adverse effects. The added emergency access can be used by both the commercial development to the south and The Links Condominium, the pedestrian connection provides a missing link for the multi-modal network, and the wildlife refuge adds to an existing park to provide a contiguous habitat for wildlife. The proposal includes improvements to the existing stormwater system to provide needed updates and maintenance. The increased floodplain capacity will benefit all residents in the area. E.3) That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Yes. The PUD has Conditions of Approval that address the wetland setbacks and ensure the requested reduced setback does not have harmful effects on the natural environment. In addition, special conditions are in place to address the adjacency of residential developments with a proposed wildlife refuge, special fencing, ingress/egress, maintenance of the grounds, and emergency access. F.) In addition to all other conditions, the following general requirements apply to every conditional use permit granted: F.1) That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general land and special conditions imposed by the conditional use permit procedure; and F.2) That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding 309 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 28 of 37 upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the county clerk and recorder’s office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. The necessary recording of documents will be addressed as part of the final PUD plan process and will be required prior to the approval of the final plat. Refer to Recommended Conditions of Approval 5 & 6 for the requirements to record CUP documents. Planned Unit Development Design Review Criteria, Section 38.430.090.E 2.a) All land uses within a proposed planned unit development must comply with the applicable objectives and criteria of the mandatory “all development” group. 2.a.1) Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? Yes. The proposed development will be connected to and be served by City utilities. The Fire Department has reviewed the proposal and found it satisfactory to provide service to the proposed residential lots. The Parks Department has found the design satisfactory. In addition, the subdivision is proposed in very close proximity to Story Mill Community Park, Glen Lake Rotary Park, and with the dual access pedestrian connection, provides a missing link for pedestrians and bicyclists in the non-motorized network for the area connecting the trail system to the north of the subdivision to the Glen Lake Rotary Park trail system. The proposal includes a wayfinding signage program with educational posts throughout. Refer to Recommended Condition of Approval 7. The proposed development will be connected to and served by City utilities. Appropriate easements for street construction, utilities, emergency access, and trails are provided. The site is near the new construction public safety center and the response time is expected to be under 2 minutes. See list of relaxations for additional information on pedestrian access, streets, and setbacks. 2.a.2) Does the project preserve or replace existing natural vegetation? Yes. As stated previously, A weed management plan was submitted to, and approved by, Gallatin County. Areas disturbed will be reclaimed through approved plantings. In addition, the applicant states Best Management Practices will be used during construction. Low Impact Design will be incorporated into the project’s final design. 310 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 29 of 37 2.a.3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? Yes. The applicant has continued to work with city staff and advisory boards to balance the competing elements of the site. The property is a legal non-conforming lot that would not be approved today because of the lack of frontage to a public street and street connectivity. This lack of frontage creates challenges for access to the site, and the applicant has worked to secure an access easement via The Links Condominium. If the adjacent neighborhoods were being created today, they would most likely be required to provide a through street to the Shady Glen Property as is required in BMC 38.400.010.A.1 Relation to undeveloped areas. This code provision states “When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets and alleys within the proposed development must be arranged to allow the suitable development of the adjoining undeveloped land.” Those neighborhoods were developed under a previous code and previous planning theory that did not require a connection to the Shady Glen property. The applicant has worked with the adjacent property owners and the City to resolve the access and easement issues on this somewhat ‘land-locked’ parcel and has arrived at a solution that is acceptable to the city departments including planning, engineering, and fire. Relaxations are requested to accommodate the existing site conditions created by the previous development of the surrounding properties, and provide additional improvements and preservation of critical areas that are above and beyond the required UDC. 2.a.4) Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? Yes. The design includes enhancing the multi-modal network and decreasing the number of single occupancy vehicle trips required. Infill development is generally a thoughtful use of urban land as it utilizes existing infrastructure including wet and dry utilities as well as the existing street network to serve additional residential units. These components contribute to the overall reduction of energy use. The development is also adding to the green space and flood storage capacity within the city limits which helps reduce the urban heat affect, and also provides mitigation during heavy water events. The use of Low Impact Development landscaping and stormwater practices will also further the goals of water conservation. 2.a.5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Yes. The developments lot sizes are consistent with the form and intensity standards adopted to ensure each residential unit has adequate lot size. Future building permits will be required 311 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 30 of 37 to meet the required setbacks. The site is leaving over 60% undeveloped in a natural state which is above and beyond open space requirements that provide light and air for residents. One of the relaxation requests is requesting to reduce the setback from 10’ to 7.5’ where adjacent to a pedestrian right-of-way. This condition affects two lot lines, and staff concurs this condition is necessary due to the necessity of a widened pedestrian pathway to accommodate emergency vehicles, and does not take away from the resident’s privacy. 2.a.6) Park land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by section 38.420.020? Yes. The applicant looks to dedicate over 7 acres (> 60%) of the site to a protected wildlife refuge as well as provide open space and recreational space. This dedicated area exceeds the city requirement per section 38.420.020 and table 38.420.020.A. The required dedication is .03 acres based on the maximum required dedication per acre of 10 Dwellings for R-1 (10 dwellings x .03 acres). The applicant is providing 7.15 acres of wildlife refuge habitat and .52 acres of open space which far exceeds the requirements for even 16 dwellings (16 dwellings x .03) at .48 acres. In addition, the developer will provide a play area and gathering area accessible by trails at the southeast end of the wildlife refuge. The dedication of this property to open space demonstrates Shady Glen’s efforts to create a superior environment, exceed the requirements of the code standards, and create an excellent living environment within the Bozeman community. 2.a.7) Performance. All PUDs shall earn at least 20 performance points. Yes. The PUD is exceeding the 20 performance points required and has calculated a total of 108.42 performance points. The point math is outlined below: • The two affordable house units receive a total of 37.5 performance points. This is calculated by 3 points for each percent of dwellings to be constructed with a long term contractual obligation to provide affordable housing. Each lot is 6.25% of the total lots (12.5% for the two lots), multiplied by 3 points equals 37.5 points) • The open space lots 03 and 04 receive 60.07 performance points. These two lots total 7.13 acres, or 60.07% of the total sites 11.87 acres, which receives 60.07 performance 312 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 31 of 37 points. This is calculated by one point for each percent of the project area provided as non-public open space. • The common open space lots 01, 02, and 04 receive 6.85 performance points. These three lots total 0.65 acres out of the projects total 11.87 acres, which is 5.48%. This is calculated by 1 ¼ point per percent of open space open to the public. • The wayfinding signage program receives 4.00 performance points. The proposal includes the incorporation of way-finding measures such as directional and educational sign boards and posts. 2.a.8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? Yes. The development will correct the isolation imposed on this property by decisions made over the years that resulted in very limited access and easement connections to adjacent properties. The applicant has made exemplary efforts to incorporate comments obtained from the City representatives through various meetings. The modifications suggested and discussed with city representatives including placement of the lots, roads, sidewalks, wildlife refuge, and wetlands have been incorporated. The project will provide an emergency vehicle access swing gate with Knox padlock and will address flood plain and watercourse setbacks as stated elsewhere in this application. As noted in this and the original documents, the applicant has engaged with the adjacent property owners and the City to resolve access and easement issues. The site layout looks to accommodate UDC issues where applicable and requests relaxations where necessary to protect and enhance the wetlands and wildlife habitats, provide safe and convenient access, and improve the property with respect to the City Community Plan. Relaxations are requested to accommodate existing site conditions imposed on the lot by previous development of surrounding properties and to provide additional improvements above and beyond the City UDC. 2.b.) Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4, RMH and R-O zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, recognize, and to the maximum extent possible, preserve and promote the unique character of neighborhoods, with provisions for a mix of limited commercial development. For purposes of this section, "limited commercial development" means uses listed in the B-1 neighborhood service district (article 10 of this chapter), within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. The permitted number of residential dwelling units shall be determined by the provision of and proximity to public services and subject to the following limitations: 2.b.1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the city growth policy? 313 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 32 of 37 Yes. The development proposes single family detached houses which is an allowed use in the R-1 zone district. In addition, the applicant is requesting a relaxation to allow two townhouse units. This use is unique in adding two affordable units which are needed and desired by the community. The size of the subject site is adequate to serve these two additional lots, and does not detract from the intent of the R-1 zoning district. It is consistent with the development surrounding the subject property. 2.b.2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? Yes. Every lot and/or home has access to private outdoor space. There are common open space lots that will provide pedestrian amenities. 2.b.3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? Yes. As discussed previously, there is ample open space in and around the development and larger neighborhood parks nearby. 2.b.4) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? Not applicable. 2.b.5) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? Yes. Shady Glen is designed and intended to achieve a vibrant infill project while creating a distinct identity and connecting to natural areas and open space. 2.b.6) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in article 8 of this chapter, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus shall be determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation shall be provided within the project. Those dwellings subject to chapter 10, article 8, shall be excluded in the base density upon which the density bonus is calculated. Not applicable. 314 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 33 of 37 2.b.7) Limited commercial. If limited commercial development, as defined above, is proposed within the project, is less than 20 percent of the gross area of the PUD designated to be used for offices or neighborhood service activities not ordinarily allowed in the particular residential zoning district? No limited commercial is proposed. 2.b.8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? Yes. Shady Glen will have its own, unique character reinforced through architecture, site design and circulation. Visual and physical connections to adjacent neighborhoods and shared open space transitions will promote its individuality as well as allow it to blend in with the pattern of the larger neighborhood. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-1, Residential Low Density District. The intent of the R-1 district is to provide for primarily single-household residential development and related uses within the city at urban densities. 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) 315 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 34 of 37 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 316 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 35 of 37 services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. This proposed development is well-suited to implement the Urban Neighborhood by providing lots that will support detached residential lots as well as two townhouse lots with affordable housing units. The urban neighborhood designation recognizes that at times lower densities may develop due to site constraints and/or natural features. The presence of water features and wetlands on this site, as well as the access constraints limit the density that can be realized on the property. However, the density provided is meeting the minimum of 5 dwelling units per acre when the critical lands and common open space lands are removed from the gross lot size. The townhouse and multi-household lots will support construction of “missing middle” housing which is contemplated throughout the Bozeman Community Plan 2020. The proposed development is also located in a central area with relatively quick access to a variety of goods and services. The planned unit development is being reviewed concurrently with the Shady Glen Major Subdivision Preliminary Plat, Application 22294. The growth policy encourages development to be walkable, which is defined in the glossary as: Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street, parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit. With the complexity of features needed to create a walkable environment, no one site is likely to provide all the needed elements. The additional density will help provide for element two with potential for additional persons in the area. The site has a Walk Score of 34, a Transit score of 7, and a Bike Score of 44. Average scores for the city as a whole are out of 100: Walk Score 47; Transit Score 21; and Bike Score 62 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 an infill development, surrounded by existing residential uses with complimentary uses such as schools, parks, grocery stores, and employment opportunities within a relatively short distance. There are no adopted development standards relating to the walk score. 317 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 36 of 37 The proposed development is adjacent to Glen Lake Rotary Park and is approximately .16 miles from Story Mill Park. The PUD is adjacent to an existing commercial neighborhood to the south. While some of the businesses are heavier commercial uses that may not provide daily services, there is a close coffee shop, convenience store, meadery, brewery among other services that will provide daily destinations to future residents of the Shady Glen Subdivision. In addition, Story Mill Community Center is.16 miles away. A unique outcome of the design of the PUD is many of these amenities are closer to walk to than they are to drive due to the emergency access that serves as a dual pedestrian access. This design will further the walkability goal of the growth policy. The proposed planned unit development meets the following Bozeman Community Plan 2020 goals: N-1.1 Promote housing diversity, including missing middle housing 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 area over time N – 3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household) APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary planned unit development (PUDP) application by the applicant, Bechtle Architects, 4515 Valley Commons Drive 201, Bozeman, MT 59718, representing the property owner Bridger Center LLC, Thomas Murphy, 280 W Kagy Blvd Ste D-105 Bozeman, MT 59715. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the close of the public comment period/City Commission public hearing per BMC 38.220.420, The public notice period for this application is set to run from February 26 through March 21, 2023, with publications in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, February 26, and Sunday, March 5, 2023. The applicant posted public notice on the subject property on February 26, 2023. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on February 24, 2023. At the time this report was written, 19 public comments had been received. 318 22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 37 of 37 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Bridger Center LLC, Thomas Murphy, 280 W Kagy Blvd Ste D-105, Bozeman, MT 59715 Applicant: Bechtle Architects, Nicole Boteilho, 4515 Valley Commons Drive 201, Bozeman, MT 59718 Representative: Morrison Maierle, Mike Hickman, 2880 Technology Blvd, Bozeman, MT 59718 Report By: Lynn Hyde, Development Review Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this planned unit development. ATTACHMENTS Application materials – Available through the Laserfiche archive, the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=265046&dbid=0&repo=BOZEMAN as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-201 Public Comment: Note the public comment is housed under the subdivision folder and titled, Shady Glen, App 22294 https://weblink.bozeman.net/WebLink/Browse.aspx?id=273209&dbid=0&repo=BOZEMAN 319 Memorandum REPORT TO:City Commission FROM:Lynn Hyde, Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Preliminary Plat for the Shady Glen Major Subdivision, Birdie Drive and Commercial Drive, Application 22294 (Quasi-Judicial) MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: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 22294 and move to approve the Shady Glen Major Subdivision Preliminary Plat 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 Department of Community Development received a Preliminary Plat Application on September 2, 2022 requesting to subdivide 11.87 acres to create 16 residential lots, two of which are proposed to be deed restricted affordable housing lots for townhouses, and 5 common open space lots. Common open space Lot 3 is a 7.129 acre lot proposed to be set aside as a wildlife refuge. The site is currently undeveloped. The property will have access to Commercial Drive. The property is zoned R-1. On December 22, 2022 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The Community Development Board, acting in their capacity as the Planning Board recommended approval of the Subdivision on March 6. The motion passed 4-3. The full meeting can be viewed at: https://bozeman.granicus.com/player/clip/1973? view_id=1&redirect=true&h=d685770ddb599801b53e7b52769d7dca At the time this agenda was prepared, 19 public comments had been 320 received. Here is a link to all public comment received. To view the full application: Application 22294 Materials. UNRESOLVED ISSUES:There are no unresolved issues with this application, other than the 5 staff- recommended conditions of approval noted in Section 3 found on page 9 of the staff report. ALTERNATIVES:Approve the application with the recommended conditions; Approve the application with modifications to the recommended conditions; Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or Open and continue the review on the application with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:There are no identified fiscal impacts to the city. Attachments: Staff Report to City Commission for Shady Glen PP 22294.pdf Report compiled on: March 8, 2023 321 Page 1 of 30 22294; City Commission Staff Report for the Shady Glen Major Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting - Monday, March 6, 2023 at 6:00 pm. City Commission meeting will be held Tuesday, March 21, 2023 at 6:00 pm Project Description: A major subdivision preliminary plat application requesting to subdivide 11.87 acres into 16 residential lots (two of which are proposed to be deed restricted affordable housing lots) and 5 common open space lots (one of which is proposed to be a 7.129 acre wildlife refuge). The subdivision is being reviewed concurrently with the Shady Glen preliminary planned unit development (PUDP), Application 22293. Project Location: The property is legally described as Bridger Creek Subdivision, Tract 1-A, Plat J-200K, COS 885, Amended Plat of Lot 57A of the Amended Plat Lots 56, 57 & 58A of Bridger Creek Subdivisions Phase 1, Section 31, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions, provided the companion PUDP is approved by the City Commission per Condition of Approval No.1. 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 22294 and move to approve the Shady Glen Major Subdivision Preliminary Plat with contingencies required to complete the application processing. Report Date: March 8, 2023 Staff Contact: Lynn Hyde, Development Review Planner Lance Lehigh, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY This report is based on the application materials submitted and 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. Nineteen public comments have been received as of the writing of this report. The public comments can be viewed in the City’s Laserfiche archive and available to the public. 322 22294 Staff Report for Shady Glen Subdivision Page 2 of 30 Unresolved Issues. The subdivision is reliant upon the approved Shady Glen PUD before it can be approved. In addition, staff has 6 recommended conditions of approval noted in Section 3 below found on page 9. Project Summary The Department of Community Development received a Preliminary Plat Application on September 2, 2022 requesting to subdivide 11.87 acres to create 16 residential lots, two of which are proposed to be deed restricted affordable housing lots for townhouses, and 5 common open space lots. Common open space Lot 3 is a 7.129 acre lot proposed to be set aside as a wildlife refuge. The site is currently undeveloped. The property will have access to Commercial Drive. The property is zoned R-1. On December 22, 2022 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. Provided the accompanying P-PUD is approved by the City Commission, the subdivider did not request any additional 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. The final decision for this preliminary plat must be made by March 22nd. The Community Development Board acting in their capacity as the Planning Board considered the compliance of the application with the growth policy on March 6, 2023, and the motion to recommend approval passed, 4-3. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 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. 323 22294 Staff Report for Shady Glen Subdivision Page 3 of 30 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 – MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 9 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9 SECTION 4 – CODE REQUIREMENTS ................................................................................... 10 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 15 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 16 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 16 38.220.060 Documentation of compliance with adopted standards ................................. 22 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 26 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 29 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 29 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 30 FISCAL EFFECTS ....................................................................................................................... 30 ATTACHMENTS ......................................................................................................................... 30 324 22294 Staff Report for Shady Glen Subdivision Page 4 of 30 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 325 Page 5 of 30 Exhibit 2 – Community Plan 2020 Future Land Use 326 Page 6 of 30 Exhibit 3 – Current Land Use 327 22294 Staff Report for Shady Glen Subdivision Page 7 of 30 Exhibit 4 – Preliminary Plat 328 22294 Staff Report for Shady Glen Subdivision Page 8 of 30 Exhibit 5 – Landscaping Plan 329 Page 9 of 30 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application, however the preliminary plat is not approvable without a favorable motion on the PUDP that is being reviewed and discussed concurrently, Shady Glen PUDP, Application 22293. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The Shady Glen Final Planned Unit Development must be approved by the City Commission prior to approval of a Final Plat for this subdivision. 2. The approved affordable housing plan must be recorded concurrent with the final plat and a reference to the recorded document must be provided on the conditions of approval page of the final plat. The reference on the conditions of approval sheet must be, “This subdivision is subject to affordable housing requirements to satisfy planned unit development requirements voluntarily opted into by the subdivider. The subdivision’s requirements and obligations can be found in the Shady Glen Affordable Housing Plan recorded as document no.__________ at the Gallatin County Clerk and Recorders Office.” This condition is satisfied with the recording of the final plat mylars and the affordable housing plan for the subdivision. The Clerk and Recorder should write in the document number for the recorded affordable housing plan on the conditions of approval sheet prior to the filming/scanning of the final plat. 3. The subdivider must install perpetual wetland boundary markers on the watercourse setback line on Lots 8, 9 & 10 prior to final plat approval. The wetland boundary markers proposed must be approved by the Community Development Department prior to installation. 4. Building Design Guidelines must be established and include a requirement applicable to all lots within the wetland buffer, and backing up to existing wetlands to ensure proper stewardship of the adjacent critical lands. At a minimum they must include the below: i. The back yard areas of lots near the wetlands will be filled ‘close to street level’ in order to create a fill slope at the back lot lines while will be planted with native grasses. Storm runoff from top slopes will drain as sheet flow over the slope, and the vegetation will ‘intercept, filter and infiltrate’ any runoff that does occur. This creates a buffer to protect the undeveloped floodplain and wetland areas from sediment and nutrients. 330 22294 Staff Report for Shady Glen Subdivision Page 10 of 30 ii. The HOA/POA require homeowners to use phosphorous-free fertilizers and to not dispose of trash, grass clippings or yard waste within the wetland buffer. Signage will be included noting the restrictions of pets from the wildlife refuge. The covenants will also include a requirement to install and maintain continuous fencing along the wildlife preserve. iii. In accordance with MPDES stormwater discharge requirements, any construction related sediment will be intercepted during construction with a silt fence, wattles or other filtration measures. 5. The Applicant must install a fence along the southern boundary of the proposed Shady Glen Wildlife Refuge adjacent to the Bridger Center Subdivision and on the east along the boundary with the proposed residential lots in this development. The fence design and materials must be approved by the Community Development Department prior to installation. Fence materials must limit passage of materials and equipment, minimize visual impact, and maximize durability and longevity. Fence installation must be completed prior to final plat; financial guarantee of this work is not allowed. 6. The applicant shall complete construction or other provision of all identified public benefits which were the basis of the planned unit development qualifying for review and all amenities depicted on the preliminary planned unit development application materials prior to the issuance of the 9th building permit (approximately 50% complete) within the development. This includes the construction of the two affordable townhomes, the completion of the improvements associated with Common Open Spaces 03 & 04, as well as the way-finding improvements. This obligation must be included on the Conditions of Approval sheet of the associated final plat. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Sec. 38.220.020 & 38.610.050. Prior to final plat approval, the applicant must provide the Community Development Department with a written statement of a wetland boundary determination from the U.S. Army Corps of the wetland status. If the wetlands are determined to be jurisdictional, an approved 404 permit for any changes to the wetland must be submitted to the Community Development office prior to final plat approval. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. Approved stream and wetland permits shall be provide prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland 331 22294 Staff Report for Shady Glen Subdivision Page 11 of 30 and streams. Permits and a FEMA approved LOMR-F must be provided prior to final plat approval. 3. BMC 38.220.070. The applicant shall submit with the application for final plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 4. BMC 38.220.070.A.7. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association (POA) of any open space proposed to be conveyed to the POA and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the POA and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 5. BMC 38.220.070. The final plat must contain the following notation on the Conditions of Approval sheet: a. The responsibility of maintenance for the stormwater facilities, stormwater open space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. b. Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system 332 22294 Staff Report for Shady Glen Subdivision Page 12 of 30 unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutter. c. All downstream water user facilities will not be impacted by this subdivision. d. All lots are subject to a ten foot wide front setback utility easement. e. All open space and public access areas are to be owned and maintained by the property owners’ association. 6. BMC 38.220.300 & 310. The POA documents must be finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 310. 7. BMC 38.220.320. In order to disclose to future purchasers their obligations regarding open space established in the Municipal Code the following language shall be included on the Conditions of Approval Sheet of the final plat: “As established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the Bozeman Municipal Code effective on [DATE of Preliminary plat sufficiency determination], ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Shady Glen subdivision. 8. BMC 38.220.320. Covenants. Covenants, restrictions, and articles of incorporation for the creation of a POA (Documents) shall be submitted at least 30 working days prior to submitting the final plat application for review by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, 333 22294 Staff Report for Shady Glen Subdivision Page 13 of 30 trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9) noxious weed control, and 10) assessment of existing and future Special Improvement Districts. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of recording of the final plat. 9. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. a. For the transfer of real property in satisfaction of required or offered dedications to the City, and required or offered donations or grants to the POA, the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the City or the POA. b. For the transfer of personal property installed upon POA-owned open space, the subdivider must provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the City or the POA. c. The subdivider or owner of the property must record the deed or instrument transferring ownership or interest at the time of recording of the final plat with the original of such deed or instrument returned to the City or POA as applicable. d. For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the City Attorney transferring ownership to the City or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. 10. BMC 38.240.420. If there are liens or mortgages against the property, the appropriate Mortgagee certificate must be included with the final plat. 11. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 12. BMC 38.240.520 requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. 13. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water- related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage. This certificate must be provided on the final plat. 334 22294 Staff Report for Shady Glen Subdivision Page 14 of 30 14. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, the developer shall enter an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 15. BMC 38.270.030. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. 16. BMC 38.400.010. No parking is allowed along the cul-de-sac. No parking signs must be installed prior to final plat approval or financially guaranteed. 17. BMC 38.410.060.A. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. The recorded easement number must be documented on the final plat. a. The applicant is advised that all dedicated public easements must be recorded using the City’s standard template easement documents separate from the plat and the recorded document number must be listed on the final plat. Easements will be deemed inadequate if they are not in a final draft format (signatures are not required for the draft review). Easements must be stamped by a licensed professional surveyor. In preparing signature blocks on any upcoming documents, please make the following changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk. If a new member is established, the easement documents must be updated. 18. Easements a. BMC 38.410.060. The applicant must provide a ten foot private utility easement (power, gas, communication, etc.) along the development’s property frontage. The applicant may contact the Engineering Department to receive a copy of a utility easement template. The easement must be recorded and provided to engineering prior to final plat approval. The recorded easement number must be written in on the final plat. 335 22294 Staff Report for Shady Glen Subdivision Page 15 of 30 b. BMC 38.410.060.A. The final plat must provide and depict all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. c. BMC 38.410.060. The proposed water and sewer lines extending from Shady Glen Lane to Boylan Road reside in a public access and utility easement. The final plat must reference the recorded easement number. 19. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping. The landscaping identified in the watercourse planting plan must be installed or financially guaranteed prior to final plat approval. 20. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e. swingset, trampoline. etc.) can be located within the watercourse setback. This language must be included in the POA documents and covenants. 21. BMC 38.410.120. If mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. If cluster boxes are used, a dedicated area to pull up and access the boxes must be provided. 22. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been provided with final plat, then water rights or cash-in-lieu must be provided with any future site plan 23. BMC 38.420.030. Final payment for cash-in-lieu of parkland will be determined and paid at the time of final plat approval. A parkland table and cash in lieu amount must be printed on the final plat. 24. BMC 38.600.210. A floodplain permit must be submitted and approved prior to final plat approval. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on December 22, 2022. The Community Development (CD) Board, acting in their capacity as the Planning Board meeting was held Monday, March 6, 2023. The motion recommending approval to the City Commission passed, 4-3. The link to view the CD Board discussion can be found here, https://bozeman.granicus.com/player/clip/1973?view_id=1&redirect=true&h=d685770ddb59980 1b53e7b52769d7dca. City Commission meeting will be held Tuesday, March 21, 2023 at 6:00 pm both in person in the Commission Meeting Room and also using an online videoconferencing system. A link will be provided with the Planning Board agenda to participate remotely. 336 22294 Staff Report for Shady Glen Subdivision Page 16 of 30 SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. 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: 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 the code requirements, 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. 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 conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will 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 Bozeman Planning Board public meeting and City Commission public meeting were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as authorized in BMC 38.240.100. The Department of Community Development received a preliminary plat application on September 2, 2022. The DRC reviewed the preliminary plat application and determined the 337 22294 Staff Report for Shady Glen Subdivision Page 17 of 30 submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision on October 12, 2022. A revised application was received on October 24, 2022. The DRC determined the application was adequate for continued review on December 22, 2023 and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Thursday, February 23, 2023 for postings on Sundays, February 26, 2023 and March 5, 2023. The applicant posted public notice on the subject property on February 26, 2023. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on February 24, 2023. Nineteen public comments had been received on this application as of the writing of this report. 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 Conditions 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 will 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. Applicable Review Criteria, Bozeman Municipal Code In considering applications for approval the advisory boards and City Commission shall consider applicable Bozeman Municipal Code (BMC) sections. The subdivision as proposed (and with Recommended Conditions of Approval and Code Requirements), complies with the BMC except where noted. Where the proposal does not comply with the BMC, the applicant has requested relaxations through the concurrent PUDP application (Application 22293). BMC 38.310.030, Table 38.310.030.A In accordance with the table of permitted uses in residential zones, townhouses are not a permitted housing typology in the R-1 zoning district. The applicant has requested through the PUD process to allow townhouses as a permitted use. The applicant desires to provide affordable housing units on these two lots. Previously townhouses were a permitted use in the R-1 zoning district in order to satisfy the affordable housing provisions in the inclusionary zoning state permitted legislature. Since that time, the State Legislature has removed the ability for local municipalities to require affordable housing, and with the redaction of the affordable housing ordinance, the ability to allow deed restricted affordable townhouse/rowhouse units in the R-1 zoning district was also removed from the code. As the applicant is desiring to voluntarily provide affordable housing, staff finds this request supports the growth policy goals, however an 338 22294 Staff Report for Shady Glen Subdivision Page 18 of 30 approved PUD is required as the subdivision application is not currently in compliance with this code section. The concurrent Shady Glen Preliminary PUD must be approved prior to the preliminary plat being approvable and before the applicant may submit a final plat. The Shady Glen Final PUD must be approved before the subdivision final plat can be approved. BMC 38.400.010.A.2 “Developers must arrange streets and alleys to provide for the continuation of streets and alleys between adjacent developed properties when such continuation is necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities.” The layout includes a gated access to Commercial Drive/Endurance Lane which does not provide for the continuation of local streets between developed properties. BMC 38.400.010.A.8 “To facilitate traffic movement, the provision of emergency services and the placement of utility easements all developments must be provided with a second means of access. If, in the judgment of the development review committee (DRC), a second dedicated right-of-way cannot be provided for reasons of topography or other physical conditions, the developer must provide an emergency access, built to the standards detailed in these regulations.” The required right-of-way does not exist to provide a full street as a secondary access. Additional easements would be needed and at this time there is not a willing property owner(s) to provide the secondary access easements. Primary public vehicular access would be via the Links Condominiums to Birdie Drive. The addition, the secondary gated emergency access improves the connectivity for emergency services as well as pedestrians. The emergency access gate is required to be maintained for all-season access. Staff determined an additional full access was not feasible, and the second emergency access is adequate for approval. The concurrent PUD must be approved prior to the preliminary plat being approvable. BMC 38.400.010.A.9 “Culs-de-sac are generally prohibited. The review authority may consider and approve the installation of a cul-de-sac only when necessary due to topography, the presence of critical lands, access control, adjacency to parks or open space, or similar site constraints. Pedestrian walks must be installed at the end of culs-de-sac where deemed appropriate.” Staff finds that a cul-de-sac design for this layout is sufficient. The cul-de-sac is necessary due to adjacency to park, open space and site constraints. A pedestrian walkway was provided at the end of the culs-de-sac to the adjacent pedestrian path on the northeast portion of the subdivision. The cul-de-sac was reviewed by the Engineering Department as well as the emergency services and found to be adequate. 339 22294 Staff Report for Shady Glen Subdivision Page 19 of 30 BMC 38.400.040.D “Rights-of-way not less than ten feet wide for pedestrian walks are required where deemed necessary to provide circulation or access to parks, open space, schools, playgrounds, shopping centers, transportation, and other community facilities. In addition, no continuous length of block may exceed 600 feet without intersection a street or pedestrian walk. Pedestrian walks must also be installed at the end of cul-de-sac where deemed appropriate.” The dual access connection to Commercial drive is also serving as a pedestrian right-of-way. In accordance, the pedestrian walks must be maintained by the Shady Glen property owners association and cleared for all season use. The applicant is proposing to construct this facility with asphalt as it is a dual access for both pedestrians/bicyclists as well as vehicular access in case of an emergency. The Fire Department as found this design sufficient to provide service to the neighborhood. In addition to providing secondary access for the proposed subdivision, it also provides secondary access for the commercial development to the south that currently only has one access. City staff finds that this design and maintenance plan is sufficient and meets the requirements of the code. The concurrent PUD must be approved prior to the preliminary plat being approvable. BMC 38.400.050.A “All streets and road providing access to, and within the proposed development must meet the following standards. (1) Right-of-way width and construction standards contained in this chapter. . . and BMC 38.400.060.A. states all street improvements must be designed by and constructed under the supervision of a professional civil engineer, registered in the state, and must meet or exceed the right-of-way and construction standards adopted by the city (including but not limited to an adopted transportation plan or specifications manual) and required for the type of street to be constructed. The subdivision proposed a street section with a 42’ right-of-way instead of a 60’ right-of-way. The street section would be made up with a 5’ wide sidewalk on the west side of the street, and no sidewalks on the east side as there is already a pedestrian facility that travels parallel where a sidewalk would go. In addition, the 8’ parking lane is proposed to be removed from the east side of the street. Removing these components from the street reduces the right-of-way width 18’ which minimizes the encroachment and disturbances into the wetland. Staff supports this design in order to shift the lots to the east where possible in order to mitigate impacts to the wetlands. Staff finds this design proposal impacts the wetlands less than other development alternatives explored. The concurrent PUD must be approved prior to the preliminary plat being approvable. BMC 38.410.040.B. “Block length must not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due 340 22294 Staff Report for Shady Glen Subdivision Page 20 of 30 to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case may a block exceed 1,320 feet in length. Based on the applicant’s diagram, staff reviewed and concurred that this subdivision is in compliance with this code provision. Due to the unique nature of this subdivision and the layout, it is somewhat debatable as to what is considered the start of the block. Whether the block is considered to start at the pedestrian right-of-way that connects to Commercial Drive, or if the block starts at Birdie Drive, the road is less than 1,320 feet to the cul-de-sac, thus meeting this code requirement. BMC 38.410.100.A.2.c.4.d “Setback must include connected wetlands. The buffer width must be extended by a minimum of 50 feet beyond the perimeter of the connected wetlands.” The applicant has provided information showing how two wetlands (labeled Wetland 1 and Wetland 2) are connected to the greater watercourses. Therefore the delineated buffer must be extended by a minimum of 50’ beyond the perimeter of the wetlands. The applicant is requesting a reduction to the wetland setback from 50’ to 35’. Condition of Approval 2 requires permanent wetland boundary markers to be placed on site to minimize possible encroachments into the proposed setback. This relaxation is requested in the concurrent PUD application. Staff concurs that the reduced wetland setbacks are adequately mitigated by robust mitigation measures including, on-site infiltration for both the houses as well as the rear yards, requirement for phosphorous-free fertilizers, and the installation of perpetual wetland markers. Refer to Condition of Approval 2 & 3. The concurrent PUD must be approved prior to the preliminary plat being approvable. BMC 38.410.100.A.2.d “No newly constructed residential or commercial structure, addition to an existing structure, fence, deck, fill material (other than that required for exempt uses), parking lot or other impervious surfaces, or other similar improvements may be located within required watercourse setbacks, unless approved through, and in conformance with, a variance or deviation process as authorized in this chapter.” The application proposed to place fill in Lots 3, 4, 8, 9, & 10 as well as in one common open space for utilities. Placement of fill within a watercourse setback is not allowed, thus the applicant has requested a relaxation to this requirement in the concurrent PUD application. The application is proposing to pull fill from an historic railroad bed on site, and place the fill on the backs of Lots 3, 4, 8, 9, 10 & 11. The applicants narrative states, “The combined fill volume below the 100-year flood elevation (i.e., loss of flood storage capacity) will be less than the excavation volume below the 100-year flood elevation west of Lot 5 (i.e., gain in flood storage capacity). In other words, the proposed grading actually increases flood storage volume as compared to existing conditions. This is a rare occurrence for this type of relaxation/variance 341 22294 Staff Report for Shady Glen Subdivision Page 21 of 30 request in that the proposed plan to place fill within the floodplain would not negatively impact flood conveyance or storage capacity.” A CLOMR permit has already been obtained from the Federal Emergency Management Agency (FEMA) and can be found in the application materials. Staff supports this relaxation request as it is increasing the floodplain capacity, as well as providing mitigation measures for stormwater runoff from the urban development prior to reaching the wetlands. The concurrent PUD must be approved prior to the preliminary plat being approvable. BMC 38.430.040 “When a subdivision is proposed in conjunction with a zoning planned unit development, the subdivision review must be coordinated with the zoning review. All steps listed in this section apply whether the application is for a subdivision or zoning PUD, and references herein to plan includes plat unless the context clearly indicates otherwise. Approval of a planned unit development consists of three procedural steps: pre-application, preliminary plan, and final plan. All subdivision PUDs must also meet all standards for plats.” The Planned Unit Development (PUD) is being reviewed concurrently with this preliminary plat (PP) application. In order for the PP to be approvable, there must be a favorable motion made on the PUD. The applications are both going to the advisory bodies and decision makers concurrently. Condition of Approval 6 requires the public benefits portion of the PUD must be completed prior to the 9th building permit of the development. This includes the construction of the two affordable townhomes, the completion of the improvements associated with Common Open Spaces 03 & 04, as well as the way-finding improvements. This obligation must be included on the Conditions of Approval sheet of the associated final plat. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code Provision No. 4, 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. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel If the PUDP is approved, along with the relaxation requests, the final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. 342 22294 Staff Report for Shady Glen Subdivision Page 22 of 30 38.220.060 Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on June 1, 2022 and no waivers or variances were requested. Staff offers the following summary comments on the documents required with BMC 38.220.060, BMC. 38.220.060.A.1 – Surface water All surface waters and delineated floodplains have been mapped. Over 60% of the site is proposed to be set aside in common open space including a wildlife refuge. This provides many benefits, including the ability to leave much of the surface water undisturbed. Refer to Section 4 Compliance with Chapter 38, BMC and other relevant regulations above in regards to impacts to wetland setbacks as well as fill in the floodplain. 38.220.060.A.2 - Floodplains A FIS (Flood Insurance Study), dated September 2, 2011 and published by FEMA, covers the East Gallatin River floodplain in the project area. Applicable floodplain permits will or have been applied for. Minimal fill is proposed in the floodplain and is discussed above under Section 4 Compliance with Chapter 38, BMC and other relevant regulations. 38.220.060.A.3 - Groundwater The groundwater was monitored both in 2015 as well as 2020 to determine ground water depth variations. The levels ranged from 3.6’ to 7.1’. The development areas will have fill brought in to create an elevation suitable for development as well as to create a desired grade for gravity sewer mains. This additional fill will create additional space between the groundwater and future development. Code Provision No. 5c prohibits basements and crawl spaces due to the known high groundwater. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision is located on a sloping formation of alluvial materials overlying Tertiary and Quaternary age alluvial sediments, which is typical in the Gallatin Valley. No geologic hazards were identified, thus no protective measures were necessary. 38.220.060.A.5 - Vegetation The vegetation on site consist of Palustrine Scrub/shrub broadleaf deciduous forest, wetlands, and a fallowed hay pasture grassland. The forested areas are dominated by sandbar willow, red- osier dogwood, woods rose, quaking aspen and Bebb’s willow, alder, and canary reed grass. The wetland areas of the site are characterize by plant communities typically found in riparian areas or areas Saturday by groundwater conditions including, but not limited to: reed canary grass; beaked sedge; wooly sedge; wheat sedge; round-fruit rush; Colorado rush; Baltic rush; common cattail; and common spike-rush. There are also noxious weeds onsite. A weed management plan was submitted to, and approved by, Gallatin County. The applicant also notes they have removed approximately 2 tons of household trash from four homeless camps located within the Aspen grove on the property. While the development will naturally disturb vegetation where homes are 343 22294 Staff Report for Shady Glen Subdivision Page 23 of 30 proposed, however the remainder of the site will be improved to a superior environmental condition, and preserved. Areas disturbed during construction will be reclaimed through plantings of diverse riparian vegetation consisting of riparian grasses, forbs, scrub/shrubs and trees that tolerate saturated to semi-saturated soil conditions. The applicants narrative states, “Best Management Practices (BMPs) will be installed prior to project initiation to ensure that storm runoff from the areas of ground disturbance will be contained and treated onsite during and after construction. Low Impact Development (LID) designs such as infiltration galleries and biofiltration will be incorporated into the project’s final landscape design. These design features will help with water conservation.” 38.220.060.A.6 - Wildlife The undeveloped site is home to existing wildlife. The applicants narrative states “large ungulates such as white tail deer, moose and possible mule deer inhabit the property during different seasons. Smaller mammals consisting of squirrels, raccoons, rabbits, skunks, beavers, mink and possible otters frequent the property periodically. Avian species notably a variety of raptors, songbirds, wading birds, upland birds, waterfowl, and cranes have been viewed on the property. Naturally, development of a site will disturb the existing ecosystem. This site is inside city limits and urban type development is anticipated. The applicant is proposing to leave over 60% of the land in a wildlife refuge. The lack of human intrusion on these 7.13 acres allows wildlife a secure place to shelter and feed. In addition, this park is contiguous with Glen Lake Rotary Park which extends the natural setting of the existing park and allows for fluid migration for wildlife without crossing the urban interface. The wildlife refuge will protect wildlife movement areas and the existing federally protected wetlands, water bodies, and wildlife habitats from human impacts. In addition, the Shady Glen POA will require homeowners with lot lines adjoining the wildlife preserve to provide fencing to protect wildlife from pets and vice versa. A representative from the Montana Fish, Wildlife & Parks stated “This development alone is not likely to negatively impact big game at a population level for several reasons. It represents a small parcel (about 12 acres), most of which will be preserved in open space. This open space is currently planned to be adjacent to other open space lands owned by the City of Bozeman and along the banks of the East Gallatin River. Placing open space lands together amplifies the benefits of the open space to wildlife. The proposed area is not in a crucial big game winter range nor a known migration corridor for big game species. Finally, the area is proximate to other major developments at the outskirts of Bozeman”. In order to minimize human and wildlife conflict, the trails are not being placed on the wildlife refuge. In addition, Condition 4 above requires the applicant to construct a fence between the wildlife refuge and the commercial users to the south to minimize user conflict. Lot owners will be required to install fencing along the west lot lines, bordering the wildlife refuge to provide separation between the wildlife and residential units. 344 22294 Staff Report for Shady Glen Subdivision Page 24 of 30 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. There is no agricultural production on the property. The subject property is designated as Urban Neighborhood according to the City of Bozeman Community Plan and anticipated urban development. 38.220.060.A.8 - Agricultural Water User Facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. 38.220.060.A.9 - Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. 38.220.060.A.10 - Stormwater Management A stormwater management plan was submitting in accordance with the city’s requirements adopted stormwater master plan. The stormwater facilities will be maintained by the Shady Glen Homeowners Association. Development of site infrastructure will be performed in accordance with an MPDES stormwater permit prepared by the contractor at the time of construction. The subdivision will not significantly impact stormwater infrastructure. 38.220.060.A.11 - Streets, Roads and Alleys The proposed subdivision has two access points. The main vehicular access is proposed from Birdie drive, a city street, through The Links Condominium development. The proposed connection will be through a Public Access and Utility Easement. A secondary access is provided that will connect the proposed street Shady Glen Lane to Commercial Drive within the Bridger Center to the south. The gated access will provide a secondary emergency access as well as secondary pedestrian and bicycle access. The access will be maintained by the Shady Glen Homeowners Association, including keeping it clear of snow during the winter. Refer to Section 4 Compliance with Chapter 38, BMC and other relevant regulations above for further discussion on streets and access. Due to the small number of lots, it was determined by the Engineering Department that a traffic study would not be necessary. 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service from Northwestern Energy and internet providers. 38.220.060.A.13 - Land Use The subdivision will not significantly impact land use. The property is zoned R-1 which anticipates this level, or higher of development. Because the majority of the site is being set aside in a wildlife refuge, the amount of development may be less than what was anticipated. The 345 22294 Staff Report for Shady Glen Subdivision Page 25 of 30 proposed subdivision will create 16 lots, two of which are affordable units, and 5 common open space lots. Net residential density is defined as the number of residential dwelling units per buildable unit of land, excluding any land used or to be used as street rights-of-way, parks, public buildings or private non-residential uses. Taking this into consideration, and removing the land dedicated for infrastructure and parklands, there is a net density of 5.59 units per acre. There is a minimum density of 5 units per acre in the R-1 zoning district, thus this development provides density in the developable acres as anticipated in the R-1 zoning district. In order to minimize human conflicts with adjacent residential and commercial development, fences are required to be in place. Refer to Condition of Approval 5. 38.220.060.A.14 - Parks and Recreation Facilities This subdivision has proposed to provide cash-in-lieu of parkland which is supported by the Parks Department. While the Subdivision is providing a large amount of common open space, the open space is encumbered with wetlands and other critical areas that are not conducive to being a city park, which are typically programmed with activities, either active or passive. In addition, the subdivision is proposed in very close proximity to Story Mill Community Park, Glen Lake Rotary Park, and with the dual access pedestrian connection, provides a missing link for pedestrians and bicyclists in the non-motorized network for the area connecting the trail system to the north of the subdivision to the Glen Lake Rotary Park trail system. Thus the Parks Department supports the request to provide cash-in-lieu of parkland. 38.220.060.A.15 - Neighborhood Center Plan Glen Lake Rotary Park and Story Mill Community Park serve as the Shady Glen neighborhood center as they are within one-half mile of the subdivision. 38.220.060.A.16 - Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. 38.220.060.A.17 - Miscellaneous The proposed subdivision will improve the access to public lands by creating an additional pedestrian connection. No known hazardous conditions exist on the property. The proposed subdivision is outside of the Wildland Urban Interface (WUI). No health or safety hazards on- site or off-site will be created with this development. 38.220.060.A.18 - Affordable Housing This application does not rely on incentives authorized in 38.380. However the applicant is voluntarily providing two deed restricted lots for townhouse units that will be affordable units. The affordable units are being counted as performance points for the PUD evaluation. Refer to Condition of Approval 2 for additional Affordable Housing requirements. The affordable 346 22294 Staff Report for Shady Glen Subdivision Page 26 of 30 housing units must be provided as a component of the PUD improvements. All PUD improvements must be completed prior to 50% completion of all building permits (or the 9th building permit). 38.220.060.A.19 – Adopted Growth Policy This proposal furthers the adopted growth policy. The subdivision is zoned R-1 which anticipates residential development. Refer to Appendix A below, Project Size Zoning and Growth Policy for further discussion on the adopted growth policies this proposal supports. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-1, Residential Low Density District. The intent of the R-1 district is to provide for primarily single-household residential development and related uses within the city at urban densities. 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) 347 22294 Staff Report for Shady Glen Subdivision Page 27 of 30 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 348 22294 Staff Report for Shady Glen Subdivision Page 28 of 30 services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. This proposed subdivision is well-suited to implement the Urban Neighborhood by providing lots that will support detached residential lots as well as two townhouse lots with affordable housing units. The urban neighborhood designation recognizes that at times lower densities may develop due to site constraints and/or natural features. The presence of water features and wetlands on this site, as well as the access constraints limit the density that can be realized on the property. However, the density provided is meeting the minimum of 5 dwelling units per acre when the critical lands and common open space lands are removed from the gross lot size. The townhouse and multi-household lots will support construction of “missing middle” housing which is contemplated throughout the Bozeman Community Plan 2020. The proposed subdivision is also located in a central area with relatively quick access to a variety of goods and services. As previously discussed, the subdivision relies on a recommendation of approval for the Shady Glen PUDP, application 22293 that is being considered concurrently with this preliminary plat application. The growth policy encourages development to be walkable, which is defined in the glossary as: Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street, parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit. With the complexity of features needed to create a walkable environment, no one site is likely to provide all the needed elements. The additional density will help provide for element two with potential for additional persons in the area. The site has a Walk Score of 34, a Transit score of 7, and a Bike Score of 44. Average scores for the city as a whole are out of 100: Walk Score 47; Transit Score 21; and Bike Score 62 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 an infill development, surrounded by existing residential uses with complimentary uses such as schools, parks, grocery 349 22294 Staff Report for Shady Glen Subdivision Page 29 of 30 stores, and employment opportunities within a relatively short distance. There are no adopted development standards relating to the walk score. The proposed development is adjacent to Glen Lake Rotary Park and is approximately .16 miles from Story Mill Park. The subdivision is adjacent to an existing commercial neighborhood to the south. While some of the businesses are heavier commercial uses that may not provide daily services, there is a close coffee shop, convenience store, meadery, brewery among other services that will provide daily destinations to future residents of the Shady Glen Subdivision. In addition, Story Mill Community Center is.16 miles away. A unique outcome of the design of the subdivision is many of these amenities are closer to walk to than they are to drive due to the emergency access that serves as a dual pedestrian access. This design will further the walkability goal of the growth policy. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1.1 Promote housing diversity, including missing middle housing 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 area over time N – 3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household) APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, Bechtle Architects, 4515 Valley Commons Drive 201, Bozeman, MT 59718, representing the property owner Bridger Center LLC, Thomas Murphy, 280 W Kagy Blvd Ste D-105 Bozeman, MT 59715. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the close of the public comment period/City Commission public meeting per BMC 38.220.420, The public notice period for this application is set to run from February 26 through March 21, 2023, with publications in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, February 26, and Sunday, March 5, 2023. The applicant posted public notice on the subject property on February 26, 2023. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on February 24, 2023. 350 22294 Staff Report for Shady Glen Subdivision Page 30 of 30 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Bridger Center LLC, Thomas Murphy, 280 W Kagy Blvd Ste D-105, Bozeman, MT 59715 Applicant: Bechtle Architects, Nicole Boteilho, 4515 Valley Commons Drive 201, Bozeman, MT 59718 Representative: Morrison Maierle, Mike Hickman, 2880 Technology Blvd, Bozeman, MT 59718 Report By: Lynn Hyde, Development Review Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed: Application materials – Available through the Laserfiche archive, the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=265045&dbid=0&repo=BOZEMAN as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning Public Comment: https://weblink.bozeman.net/WebLink/Browse.aspx?id=273209&dbid=0&repo=BOZEMAN 351 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Bozeman Community Center Concept Design Discussion MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Bozeman Community Center - Concept Design Discussion STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:Introduction The proposed Bozeman Community Center will serve as a shared facility for aquatics, recreation, and branch library services providing intergenerational recreation, youth programming, and a holistic definition of wellness to support both civic and cultural needs. The community benefits of a facility such as this this are well documented by the National Recreation and Park Association, the American Red Cross, and the American Library Association. On January 10, 2023 the City Commission held a Work Session to introduce the project and solicit input regarding elements to be included in community engagement efforts. Extensive feedback has been received from the community, resulting in a series of options for the City Commission to consider as the process moves forward. Public Engagement Multiple events have been held with a variety of constituents over the past two months, helping inform design elements to include a wide array of needs. From January 2 to February 17, a survey was conducted with 1,397 responses received. Survey results show an 88% completion rate, which indicates strong support for completing the survey, with a representative cross-section of the community demographic, including a full Spanish translation. On January 19, an Open House was held at the Bozeman Public Safety Center to provide an opportunity for the public to learn more about the 352 project, including display boards, and a poll about guiding principles. Over 50 community members attended this event, providing feedback through dot exercises and notecard ideas. On February 23, a Virtual Town Hall was held to present feedback received through the survey, in addition to further exploring focused questions and a poll specific to the fitness and recreation components. Additional engagement activities include a wide range of groups such as Noon Rotary, Big Sky Youth Empowerment, Eagle Mount, Hispanic / Latinx Families, Inter-Neighborhood Council, Library Board of Trustees, and a listening session specific to aquatics, to name a few. More information can be found on the City’s Engage Bozeman platform, where residents can sign up for regular updates. Options Five options have been developed following input from the community, as follows. Option #1 – “Enhanced Sustainability”. A strong desire for an environmentally sensitive facility has been expressed by many members of the community. This option goes beyond the current building code and meets the objectives of the Bozeman Climate Plan, resulting in a net-zero ready facility with higher R values in walls and roof, triple glazed windows, ground source heating and cooling, energy recovery systems, significant solar PV, etc. Option #2 – “Comprehensive Rec Center”. Following input from the community, Option #2 includes a full scope of services and programs designed to meet both current and future needs, including 13,000 square feet of shared spaces for community events, café & lounge, and private meeting rooms. A 21,000 square foot branch library will include both adult and children’s collections, maker space, a learning lab, a sensory room, and a garage for the bookmobile. Aquatics amenities include a leisure pool / indoor water park, multi-purpose 25-yard pool, outdoor splash pad and deck area, party room, and concessions within approximately 30,000 square feet. The recreation component will include a two-court wood floor gymnasium, multi-purpose recreation space, fitness elements such as cardio, free- weights, circuit machines, stretching areas, and an indoor climbing wall within roughly 28,000 square feet, in addition to outdoor pickleball courts. Family friendly locker rooms will encompass approximately 4,000 square feet, with an additional 4,000 square feet for building support spaces. Option #3 – “5% Building-Wide Reduction”. This option builds off Option #2, with a five percent reduction in all areas to acknowledge concerns about cost without impacting services or programs. While a modest reduction would not result in adverse impacts at first, this would influence the ability 353 to grow programs in the future. Option #4 – “Reduced Fitness”. This option builds off Option #2, with limited fitness components to address concerns raised by some of the local business community. Cardio, free-weights, and circuit machines would be reduced by 50%. Option #5 – “No Fitness”. This option builds off Option #2, with no fitness components. Cardio, free-weights, and circuit machines would be eliminated from the project. It is important to note that this facility is not intended to compete with the private sector, but rather compliment services in a way that is accessible to everyone in the community. None of the options listed will include elements found in private facilities such as personal trainers, racket ball, saunas, weights over a certain size, etc. Commission Direction Following a brief presentation by staff, the City Commission will be asked to provide direction on the following questions: Does the City Commission wish to move forward with the Bozeman Community Center project, with consideration of ballot language to include a bond for the facility and a mill levy for operations? What option does the City Commission wish to move forward? Next Steps Following direction from the City Commission, staff will prepare a final preferred option to present to the community on April 26th. Cost estimates will be refined, and a staffing plan will be developed. Ballot language for both the facility bond and the operating levy will be brought back to the City Commission for consideration of approval in July. A robust public education campaign will be conducted August through October in anticipation of the November election. Following a successful vote, design will occur in 2024, with construction beginning as early as 2025 and completed by 2027. UNRESOLVED ISSUES:A location for the Bozeman Community Center has not been finalized. Discussions are currently underway with the Bozeman School District to identify potential opportunities to locate the facility on land adjacent to Meadowlark Elementary and south of Gallatin High, which would result in mutual benefits to both agencies and the community at large. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Rough order of magnitude cost models have been developed for each option, as follows: 354 Square Feet Construction Cost # Mills (Construction) Impact to Avg. Household Cost per $100K Market Value Option 1 101,676 $110,300,000 46 $298 $62 Option 2 101,676 $98,754,000 41 $266 $56 Option 3 96,594 $94,542,000 40 $255 $53 Option 4 94,640 $92,943,000 39 $251 $52 Option 5 93,025 $91,622,000 38 $247 $52 *Impact to average household assumes a 5% interest rate with a median market value of $478,000 for a 20-year period. Operating expenses could range from $200 - $300 per year. This would include staffing, maintenance, and service contracts for landscaping, snow plowing, utilities, etc. It is anticipated that philanthropy will be considered to reduce overall bond amounts and/or provide enhancements following the vote. Report compiled on: March 10, 2023 355 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Erin George, Community Development Deputy Director Anna Bentley, Community Development Director Nicholas Ross, Transportation and Engineering Director SUBJECT:UDC Project - Review and Advise Regarding the Update to the Unified Development Code, Chapter 38, Bozeman Municipal Code to Address Potential Changes to Standards Relating to Levels of Service and Traffic Studies, Application 21381 MEETING DATE:March 21, 2023 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Receive presentation, discuss proposed alternatives, and provide direction to staff and consultants. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:On December 21, 2021, the City Commission adopted Resolution 5368. The resolution established priorities for municipal actions over the next two years. Priorities include adopting changes to the Unified Development Code to “facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable and understandable development review process.” This agenda item is part of the UDC update process and is a work session regarding how the City's regulations should address Levels of Service for the transportation network and traffic studies submitted as part of development review. A memo providing background material is attached. Consultants and Staff will present information to the City Commission and receive direction and input. The input will then be used to prepare draft materials for further public review and input. Ongoing information about the UDC project can be found on at the engage.bozeman.net/udc website, the official portal for the project. Comments and input can also be submitted through engage.bozeman.net and summaries of prior City Commission and other meetings are provided, including presentation materials. 356 UNRESOLVED ISSUES:Commission will give direction on degree to pursue specific issues discussed at the meeting. ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:Funds for this work are budgeted and appropriated. Attachments: 3-21-2023 Work Session cover memo .pdf Page 46 TMP.pdf Fig 2.13 TMP.pdf Fig 3.2 TMP.pdf Sec._38.220.060.___Documentation_of_compliance_with_adopted_standards..pdf Report compiled on: March 14, 2023 357 City Commission Transportation Work Session Background Materials Overall Project Background: On December 21, 2021, the City Commission adopted Resolution 5368. The resolution established priorities for the next two years. Priorities include adopting changes to the Unified Development Code to “facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable and understandable development review process.” The UDC revision process (“the UDC Project”) focuses on implementing policy established by adopted plans including Bozeman Community Plan 2020, Climate Action Plan, Community Housing Action Plan, and the in-progress Parks, Recreation, and Active Transportation Plan. Several major amendments were completed in 2022. The UDC project is focused on specific improvements, with direction to be completed by December 2023. Objectives for the UDC revision project are: • Implementation of growth policy, climate action plan, housing action plan, and other adopted city plans. • Improving readability and usability of the code for infrequent users while maintaining legal soundness. • Updates and revisions to zoning district descriptions and options consistent with the growth policy. • Improve graphics to improve clarity and understanding of standards. Work Session General Policy Background: The Bozeman Community Plan 2020 contains principles, goals and policies regarding transportation systems. Examples of Bozeman Community Plan 2020 policy direction influencing this work session on transportation include: • Transportation infrastructure is vital in supporting desired land use patterns. Therefore, the two must be coordinated. Future infrastructure should favor interconnected multimodal transportation networks (i.e. infrastructure for bicycle, pedestrian, and transit modes of transport in addition to automobiles). R-1.1 Be reflective: use past experience to inform future decisions. R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to changing circumstances. R-2.3 Economic Benefit-Cost: Make good financial investments that have the potential for economic benefit to the investor and the broader community both through direct and indirect returns. 358 R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been tested and proven to work in similar local or regional contexts. R-2.6 Innovation: Advance new approaches and techniques that will encourage continual improvement and advancement of best practices. DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. Goal DCD-3: Ensure multimodal connectivity within the City. EPO-3.2 Ensure complete streets and identify long-term resources for the maintenance of year round bike and multi-use paths to improve utilization and reduce annual per capita vehicle miles traveled. M-1.3 Develop service standard levels for multimodal travel. The City also prepares a Transportation Master Plan (TMP). The TMP provides in depth analysis of existing and future transportation conditions and needs, evaluates alternatives, and establishes priorities for expansion and improvement of the transportation system. The most recent version was completed in 2017. The full document including all appendices is available online through the City’s Engineering web page in the Master Plans section. The TMP includes pedestrian and bicycle services as well as motor vehicles. The TMP is the baseline for determining where expansions or enhancement that have system wide benefits are needed. The TMP includes goals relevant to this discussion, such as: GOAL 2: Improve the efficiency, performance and connectivity of a balanced transportation system. GOAL 3: Promote consistency and coordination between land use and transportation planning to manage and develop the transportation system for all modes and users. GOAL 7: Promote a financially sustainable transportation plan that is actively used to guide the transportation decision-making process. Enabling legislation: The City’s zoning is authorized by Title 76, Chapter 2, Part 3 of the Montana Code Annotated. Section 76-2-304 establishes required criteria that any local zoning ordinance must address. Paragraph 1 criteria below are compulsory and paragraph 2 must be considered. Elements specific to transportation include: 359 Criteria and guidelines for zoning regulations. (1) Zoning regulations must be: (b) designed to: (iii) facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. (2) In the adoption of zoning regulations, the municipal governing body shall consider: (b) the effect on motorized and nonmotorized transportation systems; Work Session Topics: This work session includes four questions for Commission consideration. Based on the Commission’s direction, recommendations will be further developed prior to incorporation as part of the overall code update draft. The street system, serving both motorized and active transportation, is an essential part of an operational city. Construction and maintenance of streets is expensive and time consuming for both public and private entities. Adequate streets support public safety, public convenience, and a strong economy. The City establishes standards for street construction and operations to help ensure that necessary travel can be accomplished and costs can be constrained. A Level of Service (LOS) standard is an objective measure of how well infrastructure is functioning. In the case of transportation, the traditional LOS for roadway and intersections measures the amount of delay experienced by the traveler. As delay increases, the LOS declines. LOS is rated from A through F. For a further description of LOS and examples of the use of LOS in analysis of the City’s transportation network see the attached page 46 and Figures 2.13 and 3.2 from the Transportation Master Plan. Traffic impact studies provide data to determine if the LOS is met. Q1: How should the code regulate Level of Service (LOS)? Q2: When and where should traffic impact studies be required? Q3: What items should a traffic impact study include? Q4: When a TIS is required how should the TIS address transportation demand management? Background Information on Topics: Question 1, How should the code regulate Level of Service (LOS)? The City established a formal level of service (LOS) standard in code as part of subdivision regulations in 1998. The City initially established an LOS of C which is a level attainable in moderate traffic areas. The existing LOS system is also used by the Montana Department of Transportation (MDT). Many of the roads carrying higher traffic loads are controlled in part by MDT. City actions to adjust LOS will need to be coordinated with MDT. 360 A large fraction of the total travel on Bozeman roads is pass through and commuter traffic. Designing to maximize service to these populations impacts local residents and development. LOS does not distinguish between the source or the purpose of travel. As the City continued to develop, it became increasingly difficult to attain an LOS C for intersections. This was particularly problematic for left turn movements who must yield to all other travelers. The City amended its LOS in 2009, to establish the measure as an average for all travelers on each leg of an intersection rather than the most delayed. The City further amended its LOS standard to recognize that some streets and intersections, such as at Rouse Ave and Main St have reached the maximum reasonably attainable size. Continuing to insist on an LOS of C at such intersections would effectively bar future development in the area as there is no reasonable manner in which additional capacity can be added. In these situations, the LOS standard is waived. See 38.400.060.B.4.a for details. As the traffic flow increases and individual intersections are expanded, an increasing number of intersections are reaching this status. In 2016, the City further amended its LOS standards to allow a waiver from the LOS standard of C if the work needed to address LOS deficiency was scheduled on the City’s Capital Improvement Program. This reflects an increased emphasis on overall system management; rather than a focus on single points of failure. The growth policy, Theme 5, focuses on multiple modes of transportation and improvements to active transportation systems. Level of Services for motor vehicles is not expressly addressed. However, the existing LOS C only evaluates delay for motor vehicles. Staff has discussed for several years the need for and challenges of developing alternative measures for transportation system function that integrate a mix of travel modes. There are alternative measures being developed across the country. Fully evaluating the alternatives and working with our transportation partners to select the best fit for our community is an extensive project. In the meantime, Staff recommends some adjustment to the existing LOS standards to make them more applicable to the rapidly changing community. Alternatives include but are not limited to: • Changing the LOS standard from C to D in recognition of the increasingly urban condition of the community. • Clarifying the applicability of where and when the LOS standard applies. • Modifying the time frame over which compliance with the LOS must be demonstrated. • Expanding administrative authority to waive compliance with the LOS standard with appropriate criteria. • Directing relocation of the LOS from the municipal code to the Engineering Design Standards manual to be consolidated with other technical street design and operation standards. Question 2, When and where should traffic impact studies be required? 361 During the development review process, the City collects information to enable decision making on the basis of facts. One element of information considered during development review is adequacy of the transportation network to carry additional loads and the consequences of new development. As noted above in the general policy background section, provision of adequate infrastructure and impact on the transportation network are key criteria for adoption of zoning. Similar requirements apply for evaluation of subdivision regulations and applications. To enable factual analysis, the City prepares the system with transportation plans. As noted above, the most recent Transportation Master Plan was completed in 2017. These plans look at large scale demand, projecting expected trends for growth and what construction may be needed to provide increased service capacity. The time horizon for the TMP is 20+ years. Development does not occur only in 20 year blocks but continuously throughout the planning period. Projections are more or less accurate as there are many influences and interactions that cannot be precisely projected. To evaluate status of the transportation system at the time of development, the City may require a development to provide a Traffic Impact Study (TIS). A TIS provides information on existing conditions in the area of the development and projects the impacts on traffic flow when the development is fully built out. This enables determination if impacts should be mitigated concurrently with development or whether impact is small and does not require immediate mitigation. New development contributes to transportation system development through dedication of right of way, construction of new streets and active transportation facilities, and other means including but not limited to payment of transportation impact fees. Traffic studies can be time consuming and expensive for applicants to prepare and for the City to review. Unless a development is very large, the additional demand is unlikely to represent more than a few percentage points of total traffic in an area. A TIS may identify areas that are or will become unsafe and require immediate correction concurrent with development. The City is in the process of becoming part of Montana’s newest Metropolitan Planning Organization (MPO). Creation of an MPO is federally required when an urban area exceeds 50,000 persons. The 2020 US Census established that Bozeman has passed that threshold. An MPO will be established and completed within a year. As part of MPO status the City must prepare an updated transportation plan every four years. This is more frequently than occurred in the past. The more frequent planning cycle means that more current data will be available for the system as a whole at any given time. This lessens the likelihood that a TIS will provide information not otherwise available. Staff recommends modifications to when and where the City requires preparation and submittal of a Traffic Impact Study. Alternatives include but are not limited to: • Establish specific thresholds of development where a TIS is always required, where the City Engineer may require a TIS depending on local conditions, or when a TIS will not be required. 362 • Identify areas of the community where a TIS will not be required due to known maximum build out of streets having already occurred. • Clarify and expand options for administrative waiver of TIS. • Allow for applicants to submit a TIS to present information relevant to their application they believe will help show compliance with standards. Question 3, What items should a traffic impact study include? Traffic does not move evenly throughout the day. A traffic impact study (TIS) analyzes when and where traffic heading in and out of a development will travel. Insufficient capacity may occur at one part of a day but not another or in different locations. The TIS provides the data to determine if the established LOS is currently met or will be met after development occurs. Section 38.220.060, Paragraph A.11, describes the contents of a TIS. A copy of this paragraph is attached. The analysis is focused on the busiest travel period in the morning and evening as those are the times most likely for the LOS to not be met. Alternatives include but are not limited to: • Directing relocation of the TIS content from the municipal code to the Engineering Design Standards manual. • Direct additional research and information development to allow a TIS to address non- motorized travel. (This action will extend beyond the development period of the code update.) • Include explicit consideration of work programmed in the City’s capital improvement program in analysis of available capacity. • Modify the future time period over which analysis must be performed; ex. change from a 15 year analysis period to a five year analysis period. • Clarify the category and geographic area of streets and intersections for which a TIS must analyze impact. Question 4, When a TIS is required how should the TIS address transportation demand management? Typically, a TIS addresses motor vehicle travel only. The City’s planning documents encourage a broader range of transportation use. The City’s transportation demand management (TDM) program focuses on encouraging a greater proportion of walking, biking, transit and other non- single occupancy vehicle use. This is a voluntary, incentive based, program. The City has the option of pursuing a more aggressive TDM program that may move into a regulatory path. It is appropriate to include TDM as part of a TIS analysis as that is the City’s tool to consider transportation impacts. To include TDM as part of a TIS analysis the City would need to create operational standards for non-motorized travel. This is a large effort but one being considered 363 by other communities. Establishing standards for multimodal travel is suggested by M-1.3 in the growth policy as cited above. Should the Commission wish staff to pursue this approach it will be best managed by including this work in the next TMP. As discussed above, the TMP is due to be updated in association with creation of an MPO. Including TDM and multimodal standards more extensively in the TMP provides both a policy and an analytical framework to guide creation of specific standards. Although this work is beyond the scope of the immediate code amendments, this direction is directly related to the overall policy direction of how to address measuring and mitigation of transportation impacts. Alternatives include but are not limited to: • Direct staff to include transportation demand management and levels of service for multimodal travel in the next Transportation Master Plan. • Direct staff to address levels of service for multimodal travel and transportation demand management separately on an as resources are available basis. • Do not pursue this effort. Additional work that is underway or being considered and related to this work session is: Park, Recreation, and Active Transportation Plan - The City’s park plan was last adopted in 2007. The plan includes discussion of recreational trail networks. The City is presently updating the plan with completion expected in 2023. This new version will place greater emphasis on active transportation, ex. walking and biking. Facilities which serve walkers and bikers may have multiple functions for both recreation and work/task travel. A trails plan for the Triangle area between Bozeman, Belgrade, and Four Corners in Gallatin County was recently completed. There is coordination between the PRAT plan and the Triangle Trails Plan. The updated PRAT plan will provide a policy foundation for updates to trail, shared use path, and other park/recreation related standards. Transportation and Recreation pathway coordination and update – In 2004, the City adopted requirements for transportation and recreational pathways. The Engineering and Park staff are reviewing the existing language and improving consistency between sections and the upcoming PRAT plan terminology. Work Session Schedule: The magnitude of the anticipated changes necessitates periodic input from the Commission and public to ensure the project remains on course and timely. A series of focused work sessions are proposed at critical junctures in the process to gather information and confirm project direction. Each work session will focus on one element of policy implementation. The sequence of subjects will correlate and coordinate with ongoing work, with the added goal of identifying key elements early in the process and working efficiently. City Commission work sessions are below: 364 Tuesday, September 13th – Organization and Page Layout (completed) Tuesday, October 18th – Residential Zoning Districts (completed) Tuesday, November 15th – Sustainability (completed) Tuesday, February 14th – Transitions between districts and Commercial Zoning Districts (completed) Tuesday, February 28th – Parking (completed) Tuesday, March 21st – Transportation Ongoing summaries of work sessions and other public engagement and information about the project is available at engage.bozeman.net/UDC. Public Engagement: The City uses a variety of techniques to engage the public during the code update process. A detailed report on the intercept technique was provided with the February 14, 2023, City Commission work session packet. A summary of various meetings and other engagement so far was also attached. Outreach and engagement will continue as the project moves forward. The primary outreach tool, consistent with the adopted communication plan for this work, is engage.bozeman.net/UDC. 365 CHAPTER 2: State of the Community Bozeman Transportation Master Plan 46 Figure 2.12: Mode Share at Select Intersections 2.4.3. INTERSECTION OPERATIONS Urban road systems are ultimately controlled by the efficiency of the major intersection. High amounts of vehicle delay at major intersections directly reduces the number of vehicles that can be accommodated along the road during peak hours. Intersection performance is evaluated in terms of vehicle delay. The amount of vehicle delay experienced at an intersection correlates to a measure called level of service (LOS). LOS is used as a means for identifying intersections that are experiencing operational difficulties, as well as a means to compare multiple intersec-tions. The LOS scale represents the full range of operating conditions. The scale is based on the ability of an intersection or street segment to accommodate the amount of traffic using the intersection. The scale ranges from “A” which indicates little, if any, vehicle delay, to “F” which indicates significant vehicle delay and traffic congestion. LOS are a microscopic approach to evaluating traffic operations. Intersection LOS defines intersection performance in terms of vehicle delay and does not factor in alternative travel modes nor does it take into consideration the health of the overall transportation system. Intersection LOS is often based on a single hour, or peak hours, for which the system is most congested. A more macroscopic approach to improving the transportation system, not just reducing peak hour delay at single intersections, should be taken. The LOS at 63 intersections within the study area was calculated. Data were collected during the fall of 2015 at 30 of the 63 intersections (11 signalized and 19 unsignalized locations). Each intersection was counted during the peak hours, defined as 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM. Additionally, peak hour turning movement counts were obtained from MDT for 15 intersections (10 signalized and 5 unsignalized locations). Data at these locations were collected on various dates over the past few years. The remaining intersection counts were provided by various sources and were collected as part of recent planning efforts. The existing intersection LOS is shown in Figure 2.13. 89%7%5%College St&8th Ave60%34%7%11th Ave&Grant St99%1%0%Ferguson Ave & Babcock St95%2%3%7th Ave&Kagy366 April 25, 2017 47 Transportation Master Plan Figure 2.13: Existing Intersection Level of Service 909019186411345205345235191S19THAVEHIGHLAND BLVDS3RDAVEWILLSON AVEGRIFFIN DRKAGY BLVDN 11TH AVEDURSTON RDOAK STCOLLEGE STBOZEMAN TRAIL RDBAXTER LNBABCOCKSTEVALLEYCENTERRDPEACH STMENDENHALL STSCHURCHAVESPRINGHILL RDS11THAVECOTTONWOOD RDS8THAVEHUFFINE LNFRONTAGE RDROUSE AVEBRIDGER DRMAIN STBRIDGERCANYONRDN 7TH AVEN 19TH AVEDURSTON RDS3RDAVEGRAF ST S 27TH AVEFOWLER LNSOURDOUGH RDTAYABESHOCKUP RDFORT ELLIS RDHAGGERTY LNS 7TH AVES 6TH AVEOAK STN 15TH AVEGOOCH HILL RDFERGUSON AVEDAVIS LNN 27TH AVES 23RD AVEL STMC ILH AT TA N R DSTORY MILL RDMANLEY RDHIDDEN VALLEY RDHARPER PUCKETT RDLOVE LNBABCOCK STTAMARACK STCATAMOUNT STCATTAIL STGARFIELD STLINCOLN STGRANT STCLEVELAND STSTUCKY RDGRAF STBLACKWOOD RDGOLDENSTEIN LNBBBBBBBBBBBBBBCBBBCCBBCCCCCCDDCCCCDCBBBBCCFFCECCDCCCBCFFEFEFFFFFBCBCABFFCCCCCCEFCCBCFDBCDDCDBCCCDCDDEDFFBBDBCAABCCC*BBBBBABCAAExistingLevel of Service0½11½¼MilesBOZEMANTMP TRANSPORTATION MASTER PLAN Map LegendRailroadSource: City of Bozeman, MDT, RPASignalized IntersectionsUnsignalized IntersectionsAMPMAM PMLevel of ServiceABCDEF*Data unavailableStudy AreaBozeman City LimitsMontana State University367 April 25, 2017 65 Transportation Master Plan Figure 3.2: Projected Intersection Level of Service 909019186411345205345235191S19THAVEHIGHLAND BLVDS3RDAVEWILLSON AVEGRIFFIN DRKAGY BLVDN 11TH AVEDURSTON RDOAK STCOLLEGE STBOZEMAN TRAIL RDBAXTER LNBABCOCKSTEVALLEYCENTERRDPEACH STMENDENHALL STSCHURCHAVESPRINGHILL RDS11THAVECOTTONWOOD RDS8THAVEHUFFINE LNFRONTAGE RDROUSE AVEBRIDGER DRMAIN STBRIDGERCANYONRDN 7TH AVEN 19TH AVEDURSTON RDS3RDAVEGRAF ST S 27TH AVEFOWLER LNSOURDOUGH RDTAYABESHOCKUP RDFORT ELLIS RDHAGGERTY LNS 7TH AVES 6TH AVEOAK STN 15TH AVEGOOCH HILL RDFERGUSON AVEDAVIS LNN 27TH AVES 23RD AVEL STMC ILH AT TA N R DSTORY MILL RDMANLEY RDHIDDEN VALLEY RDHARPER PUCKETT RDLOVE LNBABCOCK STTAMARACK STCATAMOUNT STCATTAIL STGARFIELD STLINCOLN STGRANT STCLEVELAND STSTUCKY RDGRAF STBLACKWOOD RDGOLDENSTEIN LNBBFCCCFCBBFCFCFCDCDDEDDCEEDCCBDCCCFFDFDDFFDDCEFFFFFFFFFFCFCFDFBCFFCCCDBCFEDEFFFFBBFBBABFDCD*BBCBBBFDBBEFDCFFBBDFBECEBABCCCCCBBProjected (Year 2040)Level of Service0½11½¼MilesBOZEMANTMP TRANSPORTATION MASTER PLAN Map LegendRailroadSource: City of Bozeman, MDT, RPASignalized IntersectionsUnsignalized IntersectionsAMPMAM PMLevel of ServiceABCDEF* Data unavailableStudy AreaBozeman City LimitsMontana State University368 Created: 2023-02-17 14:28:15 [EST] (Supp. No. 12, Update 1) Page 1 of 2 Sec. 38.220.060. Documentation of compliance with adopted standards. A. The following information must be provided with all subdivision preliminary plat applications in order to document compliance with adopted development standards unless waived by the development review committee during the pre-application process per section 38.240.110. The developer must include documentation of any waivers granted by the city after the pre-application review. Additional relevant and reasonable information may be required to adequately assess whether the proposed subdivision complies with this chapter, the Montana Subdivision and Platting Act, and other applicable standards. 11. Streets, roads and alleys. a. Description. Describe any proposed new public or private streets, roads or alley, or substantial improvements of existing public or private streets, roads or alleys. The developer must demonstrate that the land to be subdivided has access onto a legal street and the future streets will be consistent with the city's adopted design standards, article 34.4, the long range transportation plan, and other relevant standards b. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and pedestrian pathways, lanes or routes to be developed with the development. c. Access to arterial. Discuss whether any of the individual lots or tracts have access directly to arterial streets or roads, and if so, the reason access was not provided by means of a street within the subdivision and how the access complies with section 38.400.090. d. Modification of existing streets, roads or alleys. Explain any proposed closure or modification of existing streets, roads or alleys. e. Dust. Describe provisions considered for dust control on alleys. f. Pollution and erosion. Explain how street, road and alley maintenance will be provided to meet the department of environmental quality guidelines for prevention of water pollution and erosion and who is proposed to provide the required maintenance. g. Traffic generation. Discuss how much daily traffic will be generated on existing local and neighborhood streets, roads and alleys, when the subdivision is fully developed, and provide the following information: (1) The report format must be as follows: (a) Trip generation, using the Institute of Transportation Engineers Trip Generation Manual; (b) Trip distribution; (c) Traffic assignment; (d) Capacity analysis; (e) Evaluation; and (f) Recommended access plan, including access points, modifications, and any mitigation techniques if level of service does not meet level of service standard. (2) The report must include the following information: (a) Land use and trip generation in the form of a table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak) and resulting trip generation. 369 Created: 2023-02-17 14:28:15 [EST] (Supp. No. 12, Update 1) Page 2 of 2 (b) Traffic graphics, which show: (i) A.M. peak hour site traffic; (ii) P.M. peak hour site traffic; (iii) A.M. peak hour total traffic; (iv) P.M. peak hour total traffic; and (v) Total daily traffic (with site-generated traffic shown separately). (c) A.M. and P.M. capacity analysis with an A.M. and P.M. peak-hour capacity analysis provided for: (i) All major drive accesses that intersect collector or arterial streets or roads; and (ii) All arterial-arterial, collector-collector and arterial-collector intersections within one-half mile of the site, or as required by the city engineer during the pre-application review, concept plan review, or informal project review. (d) For two-way stop controlled intersections, analysis of whether the intersection would satisfy signalization warrants if the two-way stop control was removed. h. Capacity. Indicate the levels of service (before and after development) of existing and proposed streets and roads, including appropriate intersections, to safely handle any increased traffic. Describe any anticipated increased maintenance that will be necessary due to increased traffic and who will pay the cost of maintenance. i. Traffic calming. Detailed drawings of any proposed traffic calming installations, including locations and turning radius templates. j. The information needed to demonstrate proposed compliance with division 38.270. Special care is needed when concurrent construction is proposed. 370