HomeMy WebLinkAbout04-25-23 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.Authorize Absence
E.FYI
F.Commission Disclosures
G.Consent
G.1 Accounts Payable Claims Review and Approval (Armstrong)
G.2 Appoint a sub-committee of two commissioners to review pledged securities as of March
31, 2023.(Clark)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, April 25, 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: 2559 019 6374
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net prior to 12:00pm on the day of the meeting.
Public comments will be accepted in-person during the appropriate agenda items.
You may also comment by visiting the Commission's comment page.
You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you
please be patient in helping us work through this hybrid meeting.
As always, the meeting will be streamed through the Commission's video page and available in the City
on cable channel 190.
1
G.3 Ratify the City Manager's signature on settlements with opioid manufacturers Teva and
Allergan and with pharmacy chains Walmart, CVS, and Walgreens.(Rischke)
G.4 Authorize the City Manager to sign a Professional Services Agreement with Clean Slate
Group, LLC for Graffiti Removal Services(Yeykal)
G.5 Authorize the City Manager to Sign a Professional Services Agreement with TD&H
Engineering for Structural Special Inspections and Materials Testing for the Construction of
Fire Station 2(Ziegler)
G.6 Authorize the City Manager to Sign Amendment 1 to a Professional Services Agreement with
DOWL, LLC for the Stormwater Facilities Plan Update(Oliver)
G.7 Authorize the City Manager to Sign an Amendment 1 to the Professional Services
Agreement with FOS of CannonDesign for Facilities Condition Assessment Services(Ziegler)
G.8 Resolution 5489, Authorizing the City Manager to Sign Change Order Number 3 with CK
May, Belgrade, MT for the Griffin Drive and Manley Road Street and Stormwater
Improvements Project(Lonsdale)
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.Mayoral Proclamation
I.1 Mayoral Proclamation Proclaiming Arbor Day(Andrus)
J.Special Presentation
J.1 Triannual Climate Plan Report (Meyer)
K.Action Items
K.1 Annexation Application 22383 Requesting Annexation of Approximately 20.515 Acres and
Adjacent Right of Way for Fowler Lane and Amendment to the City Zoning Map for the
Establishment of a Zoning Designation of R-4 (Residential High Density District), Located
South of the Intersection of Stucky Road and Fowler Lane, Application 22383(Cramblet)
L.FYI / Discussion
M.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
2
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
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:April 25, 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 claims to be presented
to the City Commission within one year of the date the claims accrued.
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.
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: April 20, 2023
4
Memorandum
REPORT TO:City Commission
FROM:Laurae Clark, Treasurer
SUBJECT:
Appoint a sub-committee of two commissioners to review pledged securities
as of March 31, 2023.
MEETING DATE:April 25, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:
Appoint Commissioner Pomeroy and Commissioner Madgic to review the
depository bonds and pledged securities as of March 31, 2023.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:
17-6-102. Insurance on deposits. (1) Deposits in excess of the amount
insured by the federal deposit insurance corporation or the national credit
union administration may not be made unless the bank, building and loan
association, savings and loan association, or credit union first delivers to the
state treasurer or deposits in trust with some solvent bank, as security
therefore, bonds or other obligations of the kinds listed in 17-6-103, having a
market value equal to at least 50% of the amount of the deposits in excess of
the amount insured. The board of investments may require security of a
greater value. When negotiable securities are placed in trust, the trustee's
receipt may be accepted instead of the actual securities if the receipt is in
favor of the state treasurer, successors in office, and the state of Montana
and the form of receipt and the trustee have been approved by the board of
investments.
(2) Any bank, building and loan association, savings and loan association,
or credit union pledging securities as provided in this section may at any
time substitute securities for any part of the securities pledged. The
substituted collateral must conform to 17-6-103 and have a market value at
least sufficient for compliance with subsection (1). If the substituted
securities are held in trust, the trustee shall, on the same day the
substitution is made, forward by registered or certified mail to the state
treasurer and to the depository financial institution a receipt specifically
5
describing and identifying both the securities substituted and those released
and returned to the depository financial institution.
Section 7-6-207 (2), MCA requires the City Commission to approve pledged
securities at least quarterly. The Commission appoints two commissioners
quarterly on a rotating basis.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:The city is sufficiently pledged.
Attachments:
Depository Bonds & Securities 0323.pdf
Report compiled on: April 12, 2023
6
DEPOSITORY BONDS AND SECURITIES
AS OF
March 31, 2023
MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT
US BANK
All Accounts
Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00
LOC-FHLB Cincinnati 03/03/2023 569927 $ 2,000,000.00
LOC-FHLB Cincinnati 12/14/2022 569228 $ 18,000,000.00
TOTAL – US Bank $ 20,250,000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-
207, M.C.A., have this day certified the receipts of US Bank, for the Depository Bonds held by the Director of
Finance as security, for the deposit for the City of Bozeman funds as of March 31, 2023, by the banks of Bozeman
and approve and accept the same.
_____________________________________________
CYNTHIA L. ANDRUS, Mayor
_______________________________________ _______________________________________
TERRY CUNNINGHAM, Deputy Mayor I-HO POMEROY, Commissioner
_______________________________________ _______________________________________
CHRISTOPHER COBURN, Commissioner JENNIFER MADGIC, Commissioner
7
PLEDGED SECURITIES AND CASH IN BANK
As of
March 31, 2023
US BANK
Total Cash on Deposit $2,756,916.30
FDIC Coverage $250,000.00
Amount Remaining $2,506,916.30
Pledges Required 104% $2,607,192.95
Actual Pledges $20,000,000.00
Over (Under) Pledged $17,392,807.05
REFERENCE: Section 7-6-207, M.C.A.
8
Memorandum
REPORT TO:City Commission
FROM:Kelley Rischke, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT:Ratify the City Manager's signature on settlements with opioid
manufacturers Teva and Allergan and with pharmacy chains Walmart, CVS,
and Walgreens.
MEETING DATE:April 25, 2023
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Approve the City of Bozeman's participation in five national opioid
settlements by ratifying the City Manager's signature on settlement
documents.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:In 2021 the City of Bozeman signed on to participate in settlements with
opioid manufacturer Janssen and three opioid distributors. Now the City has
the opportunity to participate in five more settlements related to the opioid
epidemic. These settlements are with two opioid manufacturers, Teva and
Allergan, and with three pharmacy chains, Walmart, CVS, and Walgreens.
The State of Montana, along with other states and local governments, has
negotiated settlements that require each settling company to change their
business practices to reduce the incidents of inappropriate opioid use and to
pay billions of dollars over a period of years to the nation-wide group of
settling states and local governments.
The City will receive annual direct payments from each of the settlement
funds to be used for evidence-based strategies, programming, and services
to address the misuse and abuse of opioids, if the City signs on to the
settlement. In addition to the annual direct payments, a Montana
Abatement Trust has been established that will receive 70 percent of the
settlement funds and will disburse those funds to local government
abatement regions, such as the City of Bozeman/Gallatin County Metro
Abatement Region. Some examples of appropriate uses of these funds
include, treatment programs to aid recovery from addiction and support for
law enforcement. The City-County Health Department would likely serve as
a key partner for determining the use of the settlement funds. At this time it
is impossible to determine the exact amount of money the City of Bozeman
will receive from these settlements. As discussed below, if the City decides
9
not to participate in these settlements, it will likely recover no money.
To participate in the settlements, the City must release its claims against
each of the manufacturer and pharmacy chain defendants and agree to
adopt the Memorandum of Understanding that the City previously entered
with the State of Montana regarding the Jansen and Distributor settlements
for these settlements. Due to the amount of time and resources required to
independently litigate this case and the fact that the State of Montana and a
handful of local governments in Montana have investigated or litigated
similar cases for many years, the City Attorney does not recommend
pursuing independent litigation.
To join the settlements, the City was required to sign settlement documents
by April 18, 2023. The City Manager timely signed the documents on the
City's behalf. If the City Commission votes against ratification of the
signatures, the City will communicate it's rescission of the documents and
withdrawal from the settlements.
Each settlement agreement and more information is found at
www.nationalopioidsettlement.com. The signed settlement documents are
attached to this memorandum.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Decline to ratify the City Manager's signature on each settlement document
and decline to participate in the settlements.
FISCAL EFFECTS:Unknown at this time. Because the amount of money distributed to the
State of Montana depends on the level of participation in the settlement by
its local government entities and by the level of participation of other states
nationally, it is impossible to determine the exact amount of money the City
of Bozeman will receive. Staff's communications with counsel for the State
of Montana indicate that local government participation in the settlement is
high.
From these nation-wide settlements, a total of up to approximately $18.52
billion will be disbursed to nationwide settlement participants over a period
of 15 years. At least 85% of funds must be used to remediate and abate the
impacts of the opioid crisis. Of the settlement funds Montana receives, 15%
will be allocated to the Local Government Fund, 70% will be allocated to the
Montana Abatement Trust, which will be distributed by an advisory council
at the regional level for remediation efforts, and 15% will be allocated to the
State of Montana Fund. Bozeman's share of the Local Government Fund is
roughly 2.02%.
Attachments:
041723 Signed Opioid Settlements Teva Allergan Walgreens
Walmart CVS.pdf
10
MT MOU signed.pdf
Report compiled on: April 14, 2023
11
New National Opioids Settlements: Teva, Allergan, CVS, Walgreens, and Walmart
Opioids Implementation Administrator
opioidsparticipation@rubris.com
Bozeman city, MT
Reference Number: CL-387366
TO LOCAL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS:
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW
NATIONAL OPIOID SETTLEMENTS. YOU MUST TAKE ACTION IN ORDER TO
PARTICIPATE.
Deadline: April 18, 2023
Five new proposed national opioid settlements (“New National Opioid Settlements”)
have been reached with Teva, Allergan, CVS, Walgreens, and Walmart
(“Settling Defendants”). This Participation Package is a follow-up communication to
the Notice of National Opioid Settlements recently received electronically by your
subdivision or special district (“subdivision”).
You are receiving this Participation Package because Montana is participating in the
following settlements:
Teva
Allergan
CVS
Walgreens
Walmart
If a state does not participate in a particular Settlement, the subdivisions in that
state are not eligible to participate in that Settlement.
This electronic envelope contains:
Participation Forms for Teva, Allergan, CVS, Walgreens, and Walmart,
including a release of any claims.
Approval Form for Use of Memorandum of Understanding (MOU.)
The Participation Form for each settlement and the MOU Approval Form
must be executed, without alteration, and submitted on or before April 18,
2023, in order for your subdivision to be considered for initial
participation calculations and payment eligibility.
Montana local governments agreed to a Memorandum of Understanding and an
Amendment to that MOU for the administration and distribution of settlement funds
from the Opioid Distributors and Janssen settlements as part of the agreement to
participate in those settlements. To facilitate the administration of funds from these
new settlements and expedite their disbursement to local governments for opioid
abatement, the Attorney General’s Office needs to be able to use the governance
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
12
principles and infrastructure, the Trust Advisory Committee, the Abatement Trust,
and the allocations that were provided for in the approved MOU and Amendment.
By approving the use of the existing MOU and Amendment, it will avoid the need to
develop and obtain approval of an entirely new and largely duplicative
Memorandum of Understanding and new governance and infrastructure for the new
settlements. Having to create a new duplicative governance would delay the
disbursements of these new settlement funds.
Based upon subdivision participation forms received on or before April 18th,
the subdivision participation rate will be used to determine whether participation for
each deal is sufficient for the settlement to move forward and whether a state earns
its maximum potential payment under the settlement. If the settlement moves
forward, your release will become effective. If a settlement does not move forward,
that release will not become effective.
Any subdivision that does not participate cannot directly share in the settlement
funds, even if the subdivision’s state is settling and other participating subdivisions
are sharing in settlement funds. Any subdivision that does not participate may also
reduce the amount of money for programs to remediate the opioid crisis in its state.
Please note, a subdivision will not necessarily directly receive settlement funds by
participating; decisions on how settlement funds will be allocated within a state are
subject to interstate agreements or state statutes.
You are encouraged to discuss the terms and benefits of the New National Opioid
Settlements with your counsel, your Attorney General’s Office, and other contacts
within your state. Many states are implementing and allocating funds for these new
settlements the same as they did for the prior opioid settlements with McKesson,
Cardinal, Amerisource, and J&J/Janssen, but states may choose to treat these
settlements differently.
Information and documents regarding the New National Opioid Settlements and
how they are being implemented in your state and how funds will be allocated
within your state allocation can be found on the national settlement website at
https://nationalopioidsettlement.com/. This website will be supplemented as
additional documents are created.
How to return signed forms:
There are three methods for returning the executed Participation Forms and MOU
Approval Forms and any supporting documentation to the Implementation
Administrator:
(1)Electronic Signature via DocuSign: Executing the Participation Forms
electronically through DocuSign will return the signed forms to the
Implementation Administrator and associate your forms with your
subdivision’s records. Electronic signature is the most efficient method for
returning Participation Forms, allowing for more timely participation and the
potential to meet higher settlement payment thresholds, and is therefore
strongly encouraged.
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
13
(2)Manual Signature returned via DocuSign: DocuSign allows forms to be
downloaded, signed manually, then uploaded to DocuSign and returned
automatically to the Implementation Administrator. Please be sure to
complete all fields. As with electronic signature, returning manually signed
Participation Forms via DocuSign will associate your signed forms with your
subdivision’s records.
(3)Manual Signature returned via electronic mail: If your subdivision is unable to
return executed Participation Forms using DocuSign, signed Participation
Forms may be returned via electronic mail to
opioidsparticipation@rubris.com. Please include the name, state, and
reference ID of your subdivision in the body of the email and use the subject
line Settlement Participation Forms – [Subdivision Name, Subdivision State] –
[Reference ID].
Detailed instructions on how to sign and return the Participation Forms, including
changing the authorized signer, can be found at
https://nationalopioidsettlement.com/. You may also contact
opioidsparticipation@rubris.com .
The sign-on period for subdivisions ends on April 18, 2023.
If you have any questions about executing these forms, please contact your
counsel, the Implementation Administrator at opioidsparticipation@rubris.com, or
Bill Rossbach, Special Assistant Attorney General for the State of Montana,
bill@rossbachlaw.com.
State Contacts:
Anna Schneider
Bureau Chief, Office of Consumer Protection
Attorney General Austin Knudsen, Montana Department of Justice
Bill Rossbach
Special Assistant Attorney General
Thank you,
National Opioids Settlements Implementation Administrator
The Implementation Administrator is retained to provide the settlement notice
required by the respective settlement agreements referenced above and to manage
the collection of settlement participation forms for each settlement.
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
14
APPROVAL OF USE OF NOVEMBER 26, 2021 MEMORANDUM OF
UNDERSTANDING AND JANUARY 27, 2022 AMENDMENT TO THE
MEMORANDUM FOR THE ALLOCATION, ADMINISTRATION, AND
DISBURSEMENT OF SETTLEMENT FUNDS FROM THE WALMART,
WALGREENS, CVS, TEVA, AND ALLERGEN SETTLEMENTS
I, Jeff Mihelic, on behalf of Bozeman city do hereby approve the use of the
November 26, 2021 Memorandum of Understanding and the January 27,
2022 Amendment to the Memorandum of Understanding for the allocation,
administration, and disbursement of settlement funds from the Walmart,
Walgreens, CVS, Teva, and Allergen settlements.
Signature:/signer_1_mt_approval/
Name:/name_1_mt_approval/
Title:/title_1_mt_approval/
Date:/date_1_mt_approval/
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
4/17/2023
City Manager
Jeff Mihelich
15
EXHIBIT K
Subdivision and Special District Settlement Participation Form
Will your subdivision or special district be signing the settlement participation forms for the Allergan and
Teva Settlements at this time?
[ ] Yes_ta [ ] No_ta
Governmental Entity: Bozeman city State: MT
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated
November 22, 2022 (“Allergan Settlement”), and acting through the undersigned authorized official,
hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released
Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Allergan Settlement as
provided therein.
2.Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation
Activities.
3.The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to
the filing of the Consent Judgment, file a request to dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL
Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
4.The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to
Subdivisions and Special Districts as defined therein.
5.By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6.The Governmental Entity agrees to use any monies it receives through the Allergan Settlement
solely for the purposes provided therein.
1
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
Bozeman
jmihelich@bozeman.net
59715
Jeff Mihelich
4065822306
X
Montana
P.O. Boz 1230
16
7.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided
in, and for resolving disputes to the extent provided in, the Allergan Settlement.
8.The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
9.The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not
limited to, all provisions of Section V (Release), and along with all departments, agencies,
divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity whether elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a release to
the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely,
unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in
bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability
for any Released Claims against any Released Entity in any forum whatsoever. The releases
provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as
to give the Released Entities the broadest possible bar against any liability relating in any way
to Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Allergan Settlement shall be a complete bar to any Released Claim.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Allergan Settlement.
11.In connection with the releases provided for in the Allergan Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Allergan Settlement.
12.Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Settlement Participation
Form is interpreted differently from the Allergan Settlement in any respect, the Allergan
Settlement controls.
2
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
17
I have all necessary power and authorization to execute this Settlement Participation Form on behalf
of the Governmental Entity.
Signature:/signer_1_teva_allergan/
Name:/name_1_teva_allergan/
Title:/title_1_teva_allergan/
Date:/date_1_teva_allergan/
3
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
4/17/2023
Jeff Mihelich
City Manager
18
Exhibit K
Subdivision and Special District Settlement Participation Form
Governmental Entity: Bozeman city State: MT
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement
dated November 22, 2022 (“Teva Settlement”), and acting through the undersigned authorized
official, hereby elects to participate in the Teva Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that
all terms in this Election and Release have the meanings defined therein, and agrees that by
this Election, the Governmental Entity elects to participate in the Teva Settlement as provided
therein.
2.Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Teva Settlement regarding Cessation of Litigation Activities.
3.The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of
the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has
filed. With respect to any Released Claims pending in In re National Prescription Opiate
Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive
Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal
With Prejudice substantially in the form found at https://nationalopioidsettlement.com.
4.The Governmental Entity agrees to the terms of the Teva Settlement pertaining to
Subdivisions as defined therein.
5.By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
6.The Governmental Entity agrees to use any monies it receives through the Teva Settlement
solely for the purposes provided therein.
7.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided
in, and for resolving disputes to the extent provided in, the Teva Settlement.
1
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
P.O. Boz 1230
Bozeman 59715
Jeff Mihelich
4065822306
jmihelich@bozeman.net
Montana
19
8.The Governmental Entity has the right to enforce the Teva Settlement as provided therein.
9.The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited
to all provisions of Section V (Release), and along with all departments, agencies, divisions,
boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought,
filed, or claimed, or to otherwise seek to establish liability for any Released Claims against
any Released Entity in any forum whatsoever. The releases provided for in the Teva
Settlement are intended by Released Entitles and the Governmental Entity to be broad and
shall be interpreted so as to give the Released Entities the broadest possible bar against any
liability relating in any way to Released Claims and extend to the full extent of the power of
the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to
any Released Claim.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Teva Settlement.
11.In connection with the releases provided for in the Teva Settlement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims
that the creditor or releasing party does not know or suspect to exist in
his or her favor at the time of executing the release that, if known by
him or her, would have materially affected his or her settlement with
the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Teva Settlement.
12.Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which
Governmental Entity hereby agrees. To the extent this Election and Release is interpreted
differently from the Teva Settlement in any respect, the Teva Settlement controls.
2
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
20
I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:/signer_1_teva_allergan/
Name:/name_1_teva_allergan/
Title:/title_1_teva_allergan/
Date:/date_1_teva_allergan/
3
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
Jeff Mihelich
4/17/2023
City Manager
21
EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the CVS
Settlement at this time?
[ ] Yes_cv [ ] No_cv
Governmental Entity: Bozeman city State: MT
Authorized Signatory: /officialname_cvs/
Address 1: /address1_cvs/
Address 2: /address2_cvs/
City, State, Zip: /cit_cv/ /state_cv/ /zi_cv/
Phone: /phone_cvs/
Email: /email_cvs/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 (“CVS Settlement”), and acting through the undersigned authorized
official, hereby elects to participate in the CVS Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all
terms in this Participation and Release Form have the meanings defined therein, and agrees that
by executing this Participation and Release Form, the Governmental Entity elects to participate
in the CVS Settlement and become a Participating Subdivision as provided therein.
2.The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
3.The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating
Subdivisions as defined therein.
4.By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the CVS Settlement
solely for the purposes provided therein.
1
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
MontanaBozeman
P.O. Box 1230
Jeff Mihelich
jmihelich@bozeman.net
59715
X
4065822306
22
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided in,
and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental
Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for
resolving disputes to the extent otherwise provided in, the CVS Settlement.
7.The Governmental Entity has the right to enforce the CVS Settlement as provided therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the CVS Settlement, including without limitation all provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be
broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The CVS Settlement shall be a complete
bar to any Released Claim.
9.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the CVS Settlement.
10.In connection with the releases provided for in the CVS Settlement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity
hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the
Effective Date, any and all Released Claims that may exist as of such date but which Releasors do
not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would materially affect the Governmental Entities’
decision to participate in the CVS Settlement.
2
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
23
11.Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which
Governmental Entity hereby agrees. To the extent this Participation and Release Form is
interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:/signer_1_cvs/
Name:/name_1_cvs/
Title:/title_1_cvs/
Date:/date_1_cvs/
3
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
4/17/2023
City Manager
Jeff Mihelich
24
EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the Walgreens
Settlement at this time?
[ ] Yes_wg [ ] No_wg
Governmental Entity: Bozeman city State: MT
Authorized Signatory: /officialname_walgreens/
Address 1: /address1_ walgreens/
Address 2: /address2_ walgreens/
City, State, Zip: /cit_wg/ /state_wg/ /zi_wg/
Phone: /phone_walgreens/
Email: /email_walgreens/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 (“Walgreens Settlement”), and acting through the undersigned
authorized official, hereby elects to participate in the Walgreens Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein, and
agrees that by executing this Participation and Release Form, the Governmental Entity elects to
participate in the Walgreens Settlement and become a Participating Subdivision as provided
therein.
2.The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
3.The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to
Participating Subdivisions as defined therein.
4.By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the Walgreens
Settlement solely for the purposes provided therein.
1
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
59715
4065322306
Montana
X
Bozeman
jmihelich@bozeman.net
Jeff Mihelich
P.O. Box 1230
25
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided in,
and for resolving disputes to the extent provided in, the Walgreens Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens
Settlement.
7.The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walgreens Settlement, including without limitation all provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties
to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The Walgreens Settlement shall be a
complete bar to any Released Claim.
9.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Walgreens Settlement.
10.In connection with the releases provided for in the Walgreens Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Walgreens Settlement.
2
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
26
11.Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release Form
is interpreted differently from the Walgreens Settlement in any respect, the Walgreens
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:/signer_1_walgreens/
Name:/name_1_walgreens/
Title:/title_1_walgreens/
Date:/date_1_walgreens/
3
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
City Manager
Jeff Mihelich
4/17/2023
27
EXHIBIT K
Subdivision Participation Form
Will your subdivision or special district be signing the settlement participation form for the Walmart
Settlement at this time?
[ ] Yes_wm [ ] No_wm
Governmental Entity: Bozeman city State: MT
Authorized Official: /officialname_walmart/
Address 1: /address1_walmart/
Address 2: /address2_walmart/
City, State, Zip: /cit_wm/ /state_wm/ /zi_wm/
Phone: /phone_walmart/
Email: /email_walmart/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated November 14, 2022 (“Walmart Settlement”), and acting through the undersigned
authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims
against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Walmart Settlement and
become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event within 14 days of the Effective
Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the
Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com/.
3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walmart
Settlement solely for the purposes provided therein.
1
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
59715
4065822306
X
P.O. Box 1230
jmihelich@bozeman.net
Jeff Mihelich
MontanaBozeman
28
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role
as provided in, and for resolving disputes to the extent provided in, the Walmart
Settlement.
7.The Governmental Entity has the right to enforce the Walmart Settlement as provided
therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walmart Settlement, including but not limited to all provisions of Section X
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected
or appointed to serve any of the foregoing and any agency, person, or other entity claiming
by or through any of the foregoing, and any other entity identified in the definition of
Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the
Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to
bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to
otherwise seek to establish liability for any Released Claims against any Released Entity in
any forum whatsoever. The releases provided for in the Walmart Settlement are intended by
the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest
possible bar against any liability relating in any way to Released Claims and extend to the
full extent of the power of the Governmental Entity to release claims. The Walmart
Settlement shall be a complete bar to any Released Claim.
9.In connection with the releases provided for in the Walmart Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor at the
time of executing the release that, if known by him or her, would have materially
affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Walmart Settlement.
10.Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement
controls.
2
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
29
I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:/signer_1_walmart/
Name:/name_1_walmart/
Title:/title_1_walmart/
Date:/date_1_walmart/
3
DocuSign Envelope ID: 5AE01462-D65F-4DD8-8C87-C34C19AD1BCF
Jeff Mihelich
4/17/2023
City Manager
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
Memorandum
REPORT TO:City Commission
FROM:Marcy Yeykal - Public Works Office Manager
John Van Delinder - Streets Superintendent
SUBJECT:Authorize the City Manager to sign a Professional Services Agreement with
Clean Slate Group, LLC for Graffiti Removal Services
MEETING DATE:April 25, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with
Clean Slate Group, LLC for Graffiti Removal Services.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman entered into a one-year contract with Clean Slate
Group (CSG) on May 25, 2021 for Graffiti Removal. Section 31 of the
Professional Services Agreement allows for extension of the contract not to
exceed five (5) years. This addendum is a request from staff to extend this
contract for one-year.
The Public Works Department (PWD) requires professional services to
remove graffiti from City of Bozeman buildings, signs, and equipment. In
addition, in an effort to prevent graffiti, the PWD works with Clean Slate
Group (CSG) to wrap signal boxes with graffiti resistant, artistic coatings.
Timely and consistent removal of graffiti improves community aesthetics
and contributes to Bozeman’s friendly, welcoming environment. We are
seeing an increase in graffiti in Bozeman so renewing this contract with CSG
will help us maintain that atmosphere.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Funds are allocated annually in the approved Public Works Administration
budget for graffiti removal and in the Street Maintenance budget for the
signal box wrapping. This Contract is Based on Time and Materials as
Specified in Exhibit A.
Attachments:
Second Addendum for Clean Slate Group 2023
55
Exhibit A - Scope of Services and Prices
Report compiled on: April 7, 2023
56
First Addendum to Professional Services Agreement for Public Works Department Graffiti Removal Services Page 1 of 2
SECOND ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT is
made and entered into this _____ day of ____________, 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,” Clean
Slate Group, LLC, 34 Outlier Way, Bozeman, MT 59718, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Extension of Term. Section 31 of the Professional Services Agreement between the City
and Contractor dated May 25, 2021 (the Agreement) is extended for an additional one (one)
year period. The Agreement shall terminate on June 30, 2023.
2. The City Agrees to pay Contractor an amount not to exceed $110,000 for ‘time services’
completed in the performance of the agreed scope of services (Exhibit A).
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
57
First Addendum to Professional Services Agreement for Public Works Department Graffiti Removal Services 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 CONTRACTOR (Clean Slate Group, LLC)
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name: Ryan Rickert
Title: President
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
58
Exhibit A: Scope of Services
• Removal of all graffiti within the public right-of-way as discovered or reported.
• Removal of all graffiti from private property as allowed by the property owner.
• Work with the City to establish protocol for the graffiti abatement program.
• Work with the City to document all instances of graffiti.
• Install vinyl wrap graffiti prevention as requested by the City.
• Use eco-friendly suite of graffiti abatement solutions:
o Graffiti Removal Chemicals
o Pressure Equipment
o Vinyl Wrap Graffiti Prevention
o Paint cover up (last resort)
• Create or utilize a well-organized graffiti management system for reporting and
documenting graffiti.
Other services that may be required:
• Development of a secure web portal for City employees to log and report graffiti.
• Setup and monitoring of a graffiti removal hotline for City employees to report instances of
graffiti around town.
• Worth with the City to document all instances of graffiti around town in a web-based
platform, to give both the vendor and city visibility to the backlog and current project
reporting.
Pricing
• Graffiti removal/abatement will be bill at $75 per hour, ½ hour minimum per effort,
rounded up to the nearest ¼ hour. *This was created so there was no start/stop or transit
being billed.
• Graffiti removal materials are billed at cost plus 15%.
• Anti-graffiti cabinet or other surface wraps will be billed at $8/sqft + labor
o COB uses a select view cabinet types and although they range in size, Bozeman’s
cabinets fall between $675 - $875 per cabinet wrap, depending on the cabinet size.
59
Memorandum
REPORT TO:City Commission
FROM:Max Ziegler, Facilities Project Coordinator
Jon Henderson, Strategic Services Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
TD&H Engineering for Structural Special Inspections and Materials Testing
for the Construction of Fire Station 2
MEETING DATE:April 25, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with
TD&H Engineering for structural special inspections and materials testing for
the construction of Fire Station #2
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman voters on November 2, 2021 approved a bond issue to
fund the construction of a replacement for the existing Fire Station #2. On
February 8, 2022 the City of Bozeman signed a construction agreement with
Martel Construction Inc. for the construction of a new Fire Station #2. Martel
Construction has been given notice to proceed and construction is expected
to begin in April of 2023.
On construction projects involving structural work, Special Inspections are
required to ensure the adequacy of construction materials, fabrication, and
installation techniques. Special Inspections are required for building
components identified in the International Building Code (IBC) when the
design of these components is required to be performed by a professional
engineer or architect. Inspection items include fabricators for pre-
engineered structural components, fabrication processes for prefabricated
wood products, as well as for materials such as: concrete, masonry,
structural steel, high-load wood diaphragms, soils, and others including
special cases as determined by the building official.
A Request for Qualifications was published seeking qualifications from
professional engineering firms to provide special inspection services on the
Fire Station #2 Construction project. Responses were competitively
evaluated based upon the submitted statements of qualifications. TD&H
Engineering was selected as the most qualified respondent and their cost
proposal was accepted by the project team.
60
Anticipated Special Inspections for this project include Geotechnical,
Concrete, Masonry, Structural steel and wood, and asphalt.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:This contract will incur a base cost of $77,905, with potential additive
alternate scope which would incur a maximum expense of $84,116 to be
paid from the Fire Station 2 construction budget.
Attachments:
PSA - TD&H Engineering - Fire Station 2 Construction Special
Inspections and Materials Testing.pdf
Report compiled on: April 5, 2023
61
Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing
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, TD&H Engineering, 234 East Babcock Street, Suite 3,
Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date, 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
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
62
Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing
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
63
Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing
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
64
Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing
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.
65
Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing
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
66
Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing
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 Max Ziegler – Facilities Project Coordinator or such other individual as
City shall designate in writing. Whenever approval or authorization from or communication
or submission to City is required by this Agreement, such communication or submission shall
be directed to the City’s Representative and approvals or authorizations shall be issued only
by such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Scott Mahurin – Structural Engineer 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
67
Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing
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).
68
Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing
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
69
Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing
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.
70
Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing
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.
**** 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 ____________________________________
71
Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing
Page 11 of 11
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
72
EXHIBIT A
73
MONTANA | WASHINGTON | IDAHO | NORTH DAKOTA | PENNSYLVANIA
406.586.0277
tdhengineering.com
234 East Bab cock S treet
Suite 3
Bozeman, MT 59715
April 13, 2023
Attn: Max Ziegler
City of Bozeman
121 North Rouse
Bozeman, MT 59718
RE: FIRE STATION #2 - STRUCTURAL SPECIAL
INSPECTIONS
Dear Mr. Ziegler,
Per your request TD&H has prepared a scope and fee proposal to perform Special
Inspections and materials testing for the Fire Station #2 project. The fee for TD&H to
perform these services is as follows:
Base Bid
1. Materials Testing: $23,320.00
2. Structural Special Inspections: $54,585.00
Base Bid Total: $77,905.00
Additive Alternate
3. On-site Testing: $6,211.00
Total with Add Alt: $84,116.00
A proposed scope and a breakdown of our fees can be seen on the attached documents.
We appreciate the opportunity to assist on this project and look forward to the opportunity
to work with you moving forward. Please don’t hesitate to contact us with any questions you
may have.
Sincerely,
Scott Mahurin PE/SE
Structural Engineer
TD&H ENGINEERING
74
EXHIBIT A - SCOPE AND FEE DESCRIPTION
Bozeman Fire Station #2 Construction Inspection and Testing
4/13/2023
Page 1 of 3
SCOPE OF SERVICES
1. Materials Testing
1.1. Building Geotechnical Inspections and Testing
• Rammed aggregate pier inspection and density testing is EXCLUDED from this
proposal. This work is assumed to be inspected and certified by the RAP installer.
• Verify over-excavation down to the required bearing stratum within the building
footprint
• Inspection and density testing of imported structural fill and backfill
• City of Bozeman required Foundation Certification Letters.
1.2. Building Concrete Inspections and Testing
• Provide concrete materials testing including temperature, slump, air, and
compressive strength
• The specified frequency of testing for all types of building concrete testing is defined
in ACI 301 “Obtain at least one composite sample for each 150 cubic yards, or
fraction thereof, of each concrete mixture placed in any one day”
• 28-day Concrete: cast and cure five 4”x8” compressive strength specimens and
break one at 7 days, three at 28 days, and hold one specimen for testing only if
specified strength is not met at 28 days
2. Structural Special Inspections
2.1. Masonry Inspections and Testing
• Masonry testing per TMS 602 based on the assumption that structure requires Level
3 Quality Assurance per TMS 402.
o Verification of compliance of submittals.
o During construction verification of f’m for every 5,000SF of wall using unit
strength method
• Verification that mortar is Type M or S
• Grout testing per ASTM C1019
• Placement of reinforcement, bolts and connectors
• Placement of masonry units and joints
• Placement of grout
2.2. Structural Steel
• Structural Steel Inspections
o Framing Bolting Connections
o Concrete Reinforcement
• Welding Inspections
2.3. Structural Wood Framing Inspections
• Wall shearwall inspections for shearwalls with <6” nail spacing including connectors
and blocking
• Floor diaphragm sheathing inspections for diaphragms with <6” nail spacing
including connectors and blocking
75
EXHIBIT A - SCOPE AND FEE DESCRIPTION
Bozeman Fire Station #2 Construction Inspection and Testing
4/13/2023
Page 2 of 3
• Roof sheathing inspections for diaphragms with <6” nail spacing including
connectors and blocking
2.4. Concrete
• Continuous inspection of concrete placement
• Reinforcing inspections
• Post installed anchor inspections
3. On-Site Testing
3.1. On-Site Asphalt Pavements Inspection and Testing
• Verify and test compaction of subgrade, subbase, and base compaction and material
placement
• Verify and test compaction of asphalt placement
• The specified type and frequency of testing for public streets is defined in the City of
Bozeman Design Standards:
o Theoretical maximum density, optimum moisture content, and sieve analysis for
the native backfill and subgrade material.
o In-place density tests for access drives and parking lots shall, as a minimum, be
required at intervals of once per 400 square yards. Tests for access drives and
parking lots shall be provided for subgrade, sub-base course and/or pit run, and
crushed base course materials.
o Asphalt core samples for bituminous pavement are not anticipated.
3.2. On-Site Concrete Inspections and Testing
• Provide materials testing including temperature, slump, air, and compressive
strength for curb and gutter, slabs, and sidewalk.
• The specified frequency of testing for all site concrete shall conform to City of
Bozeman Design Standards “One set of tests shall be required for every 50 cubic
yards of concrete placed with a minimum of one set of tests per project”
• Cast and cure five 4”x8” compressive strength specimens and break one at 7 days,
three at 28 days, and hold one specimen for testing only if specified strength is not
met at 28 days
4. Exclusions
4.1. We do not anticipate any CJP welds requiring continuous inspection, ultra-sonic or
other non-destructive testing
4.2. We do not anticipate the use of post-tensioned bolts requiring pre-verification
qualification of bolt assemblies.
4.3. Rammed aggregate pier inspection and testing is EXCLUDED from this proposal. This
work is assumed to be inspected and certified by the RAP installer.
General Inspection and Testing Notes
• Inspectors will keep logs and record inspection and construction activities for each day on
site. Copies of the test results and inspection logs will be delivered to the project team
76
EXHIBIT A - SCOPE AND FEE DESCRIPTION
Bozeman Fire Station #2 Construction Inspection and Testing
4/13/2023
Page 3 of 3
throughout the project. Inspectors will take periodic photographs of construction activities.
Inspectors will be experienced and qualified to perform the inspection for the type of work
being performed.
• Our materials lab in Great Falls is accredited by AASHTO through their AMRL and CCRL
programs for both field and laboratory testing. This includes the requirements of ASTM
C1077 and ASTM E329. Our technicians are also certified by various agencies including
the American Concrete Institute (ACI). Our Bozeman Lab is not accredited by AASHTO but
no other lab in Bozeman is accredited either. If this is an issue, please let us know. All
Standard Operating Procedures for the Bozeman Lab are identical to those performed in our
accredited Great Falls Lab.
SCHEDULE AND FEE
The time required for inspection, testing, and surveying is dependent on the schedule, number
of trips, proficiency, and means and methods of the installing contractor. We believe the above
scope is representative of the necessary inspection and testing; however, they are an estimate
and may need adjustment based on actual construction sequencing.
Refer to Exhibit B – Cost Estimate for budget information. Cost estimate is based on the
trips/inspections/days listed in the exhibit for the items discussed.
77
EXHIBIT B - SCOPE AND FEE DESCRIPTION
COB FIRESTATION 2
CONSTRUCTION INSPECTION AND TESTING
4/13/2023
1.0 Materials Testing 23,320.00$
1.1 8,472.80$
Description Quantity Units Unit Price Extension
68.0 Hour 74$ 5,032.00$
Work Activity Detail Qty Units Hrs/Unit Extension
Install 12" Structural Fill at interior 4 Trips 2.0 8.0
Footing 12" Structural Fill 6 Trips 2.0 12.0
Backfill Foundation at Apparatus Bay 6 Trips 2.0 12.0
Backfill Foundation at Administratio 6 Trips 2.0 12.0
Backfill Foundation at Training 6 Trips 2.0 12.0
Prepare Slab and Thickened Slab
Apparatus Bay
2 Trips 2.0 4.0
Prepare Slab and Thickened Slab
Administration
2 Trips 2.0 4.0
Prepare Slab and Thickened Slab
Sleeping
2 Trips 2.0 4.0
17 Hour 137$ 2,329.00$
17 Day 60$ 1,020.00$
122 Miles 0.75$ 91.80$
1.2 14,847.80$
Description Quantity Units Unit Price Extension
102.0 Hour 101$ 10,302.00$
Work Activity Detail Qty Units Hrs/Unit Extension
Footings 3 Trips 6.0 18.0
Walls 6 Trips 6.0 36.0
Interior Slab 5 Trips 6.0 30.0
Trench Drains 3 Trips 6.0 18.0
85.0 Each 25$ 2,125.00$
Work Activity Detail Qty Units Hrs/Unit Extension
Footings 3 Set 5.0 15.0
Walls 6 Set 5.0 30.0
Interior Slab 5 Set 5.0 25.0
Trench Drains 3 Set 5.0 15.0
17 Hour 137$ 2,329.00$
122 Miles 0.75$ 91.80$
2.0 Structural Special Inspections 54,585.00$
2.1 33,181.00$
Description Quantity Units Unit Price Extension
240.0 Hour 101$ 24,240.00$
Work Activity Detail Qty Units Hrs/Unit Extension
Apparatus Bay Walls 30 Days 8.0 240.0
16 Each 80$ 1,280.00$
36 Hour 160$ 5,760.00$
Building Geotechnical Inspections and Testing
Mileage or Trip Charge
Compaction Testing - Nuclear
Nuclear Densometer Charge, Per Day
Project Manager - Engineer 3
Project Manager - Engineer 4
Mileage or Trip Charge
Masonry Observation and Testing
Project Manager - Engineer 3
Concrete Testing
Building Concrete Inspections and Testing
Masonry Inspections and Testing
Concrete Compressive Strength Testing per cylinder
Grout Prisms/ Flowable/Concrete Cores
78
EXHIBIT B - SCOPE AND FEE DESCRIPTION
COB FIRESTATION 2
CONSTRUCTION INSPECTION AND TESTING
4/13/2023
10 Hour 182$ 1,820.00$
108 Each 0.75$ 81.00$
2.2 5,582.90$
Description Quantity Units Unit Price Extension
12.0 Hour 137$ 1,644.00$
Work Activity Detail Qty Units Hrs/Unit Extension
Framing Bolting Connections 3 Trips 4.0 12.0
16.0 Hour 125$ 2,000.00$
Work Activity Detail Qty Units Hrs/Unit Extension
Visual Welding Inspection 4 Trips 4.0 16.0
12 Hour 160$ 1,920.00$
25 Miles 0.75$ 18.90$
2.3 4,721.20$
Description Quantity Units Unit Price Extension
25.0 Hour 137$ 3,425.00$
Work Activity Detail Qty Units Hrs/Unit Extension
Wall Framing Inspections 3 Trips 4.0 12.0
Floor Framing Inspections 1 Trips 4.0 4.0
Roof Framing Inspections 1 Trips 5.0 5.0
SIPs Framing Inspections 1 Trips 4.0 4.0
8 Hour 160$ 1,280.00$
22 Miles 0.75$ 16.20$
2.4 11,100.70$
Description Quantity Units Unit Price Extension
84.0 Hour 101$ 8,484.00$
Work Activity Detail Qty Units Hrs/Unit Extension
Footings 3 Trips 4.0 12.0
Walls 6 Trips 4.0 24.0
Slabs 5 Trips 4.0 20.0
Trench Drains 3 Trips 4.0 12.0
Post Installed Anchors 4 Trips 4.0 16.0
16 Hour 160$ 2,560.00$
76 Miles 0.75$ 56.70$
3.0 On-Site Testing 6,211.00$
3.1 2,854.80$
Description Quantity Units Unit Price Extension
Compaction Testing - Nuclear 19.0 Hour 101$ 1,919.00$
Work Activity Detail Qty Units Hrs/Unit Extension
Native Subgrade Testing 1 Trips 3.0 3.0
Sub Base Testing 1 Trips 3.0 3.0
Base Course Testing 1 Trips 3.0 3.0
Asphalt Density Testing 1 Day 10.0 10.0
4 Day 60$ 240.00$
5 Hour 137$ 685.00$
14 Miles 0.75$ 10.80$
3.2 3,357.00$
Description Quantity Units Unit Price Extension
Project Manager - Engineer 4
Mileage or Trip Charge
Senior Engineer - Engineer 5
Structural Steel Inspections
Concrete Reinforcing Inspections
Structural Steel Inspections
Welding Inspections
Mileage or Trip Charge
Wood Framing Inspections
Mileage or Trip Charge
Concrete Reinforcement
Mileage or Trip Charge
On-Site Asphalt Pavements Inspection and Testing
Project Manager - Engineer 4
Structural Wood Framing Inspections
Project Manager - Engineer 3
Nuclear Densometer Charge, Per Day
Project Manager - Engineer 4
Mileage or Trip Charge
On-Site Concrete Inspections and Testing
79
EXHIBIT B - SCOPE AND FEE DESCRIPTION
COB FIRESTATION 2
CONSTRUCTION INSPECTION AND TESTING
4/13/2023
20.0 Hour 101$ 2,020.00$
Work Activity Detail Qty Units Hrs/Unit Extension
Site Concrete Testing 5 Trips 4.0 20.0
25.0 Each 25$ 625.00$
Work Activity Detail Qty Units Hrs/Unit Extension
Site Concrete Testing 5 Set 5.0 25.0
5 Hour 137$ 685.00$
36 Miles 0.75$ 27.00$
Subtotal:23,320.00$
Subtotal:54,585.00$
Subtotal:6,211.00$
Proposal Total:84,116.00$
Mileage or Trip Charge
3.0 On-Site Testing
Concrete Testing
Project Manager - Engineer 3
2.0 Structural Special Inspections
Concrete Compressive Strength Testing per cylinder
1.0 Materials Testing
80
Memorandum
REPORT TO:City Commission
FROM:John Alston, Utilities Director
Adam Oliver, Stormwater Program Manager
SUBJECT:Authorize the City Manager to Sign Amendment 1 to a Professional Services
Agreement with DOWL, LLC for the Stormwater Facilities Plan Update
MEETING DATE:April 25, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Amendment 1 to a Professional Services
Agreement with DOWL, LLC for the Stormwater Facilities Plan Update
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The 2008 Stormwater Facilities Plan focused on the development of a
Stormwater Management Program, which the City has made progress on
implementing over the last 12 years. Today, growth, evolving regulations,
and new system information have made the 2008 Plan outdated. In
response, the City has initiated the Stormwater Facilities Plan Update
(Project), which will provide operational and policy recommendations.
To initiate the Project, Staff sought assistance from a qualified consultant
through the City’s typical Request for Proposals (RFP) process in December
of 2020. The City selected DOWL, LLC (Consultant) and signed a Professional
Services Agreement (PSA).
Additional field data is required to advance the following tasks which are
already under way: Existing System Capacity, Level of Service Determination,
Regional Stormwater Treatment, and Additional Maintenance Asset Classes.
Spring weather, groundwater, and irrigation patterns will be captured by the
work in this additional scope, producing flow monitoring data to inform
infrastructure decision. Attached is the PSA as well as the proposed
amendment and additional scope of services. Staff plans to complete the
project in phases to strategically allocate funding and have the Consultant
focus on key objectives that, once complete, will dictate next steps. All
amendments to the governing PSA will be presented to the Commission.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
81
FISCAL EFFECTS:The Commission approved the Project (CIP#: STUO01, STDM17) as a part of
the FY20 and FY23 Budget adoption process. The overall Project budget is
$425,000. Payment for services provided with the original scope is on a lump
sum basis, not to exceed $174,996.00. The proposed amendment to the PSA
will be paid on the same basis up to an additional $32,000.00. Staff reviewed
the scope and found its contained budget to be commensurate with the
proposed services.
Attachments:
22- Professional Services Agreement - DOWL Inc -
Stormwater Facilities Update.pdf
PSA Amendment 1 with DOWL Scope and Budget.pdf
Report compiled on: April 12, 2023
82
Professional Services Agreement – Engineering
FY2020-2021
Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2022
(“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 DOWL, LLC with a mailing address of 1283 N 14th
Ave Ste 101, Bozeman, MT 59715, hereinafter referred to as “Consultant.” The City and
Consultant may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Consultant to perform for City services
described in the Scope of Services attached hereto as “Exhibit A – Scope of Services” and by this
reference made a part hereof for the Project: [Stormwater Facilities Plan Update].
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will
terminate upon satisfactory completion of the agreed Scope of Services, which may be amended
from time to time by the mutual agreement of the Parties pursuant to terms of this agreement,
as determined by the City.
3. Scope of Services: Consultant 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.
Consultant may, at its own risk, use or rely upon design elements and information ordinarily or
customarily furnished by others, including, but not limited to, specialty contractors, Sub-
consultants, manufacturers, suppliers, and publishers of technical standards.
4. Payment for Scope of Services: Reimbursement shall be on a Fixed Price Lump Sum Basis,
with a not-to-exceed total of $198,413. The Contractor shall invoice no more often than monthly
for services performed in the previous month. To be consistent with services actually rendered,
the Contractor may alter the distribution of compensation between individual phases/tasks of
the work noted herein but shall not exceed the total estimated compensation without City’s prior
approval.
DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6
24 May
83
Professional Services Agreement – Engineering
FY2020-2021
Page 2 of 12
5. Reimbursable Expenses: As defined in section 8 of this Agreement, for completion of the
Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the
Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed
$198,413. The administrative markup factor being applied by the Consultant for any of its Sub-
consultants shall be indicated on “Exhibit B – Budget” and be no higher than 1.05.
6. Additional Services: If the City requests Consultant to perform any Additional Services
not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and
the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to
complete the Additional Services requested. The City and Consultant shall mutually agree upon
a basis of payment for the Additional Services requested prior to the Consultant proceeding with
such Additional Services.
7. Times of Payments: The Consultant may submit monthly statements for the Scope of
Services and approved Additional Services rendered and for Reimbursable Expenses incurred.
The statements shall be based upon Consultant’s estimate of the proportion of the total Scope
of Services actually completed for each task at the time of billing.
8. Meaning of Terms:
a. Additional Services: Additional Services means services resulting from significant
changes in the general scope, extent or character of the Project or major changes in
documentation previously accepted by the City where changes are due to causes beyond the
Consultant’s control. Additional Services can also mean providing other services not otherwise
provided for in the Agreement that are substantially similar to and generally consistent with the
nature of services contained in the Scope of Services.
b. Agreement: As used herein the term “this Agreement” refers to the contents of
this document and its Attachments and Exhibits attached hereto and referred to as if they were
part of one and the same document.
c. Direct Labor Costs: Direct Labor Costs used as a basis for payment mean the
actual salaries and wages paid to all of the Consultant’s personnel engaged directly on the Scope
of Services but does not included indirect payroll related costs or fringe benefits.
d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses
incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as
expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized
technology or software subscription charges; reproduction of reports, technical memoranda,
drawings, renderings and similar Project-related items.
DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6
84
Professional Services Agreement – Engineering
FY2020-2021
Page 3 of 12
e. Sub-consultants: Sub-consultants means any independent professional
associates working on the Project that are not directly employed by the Consultant and have
rather been hired by the Consultant to serve a particular role or offer a particular service for the
Project.
9. Consultant’s Representations: To induce City to enter into this Agreement, Consultant
makes the following representations:
a. Consultant has familiarized itself with the nature and extent of this Agreement,
the Scope of Services, and with all local conditions and federal, state and local laws, ordinances,
rules, and regulations that in any manner may affect cost, progress or performance of the Scope
of Services.
b. Consultant represents and warrants to City that it has the experience and ability
to perform the services required by this Agreement; that it will perform the services in a
professional manner and with that degree of care and skill ordinarily exercised under the same
conditions by professionals practicing in the same field, at the same time, and similar locality;
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.
10. Independent Contractor Status/Labor Relations: The parties agree that Consultant is an
independent Contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Consultant is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Consultant is not authorized to represent the City or
otherwise bind the City in any dealings between Consultant and any third parties.
Consultant shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Consultant shall maintain workers’ compensation coverage
for all members and employees of Consultant’s business, except for those members who are
exempted by law.
11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered,
to the fullest extent permitted by law, Consultant agrees to release, defend, indemnify, and hold
harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions,
fees and costs (including attorney’s fees and the costs and fees of expert witness and
DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6
85
Professional Services Agreement – Engineering
FY2020-2021
Page 4 of 12
consultants), losses, expenses, to the extent caused by or resulting from or in any way related to:
(i) the negligent, reckless, or intentional misconduct of the Consultant; or (ii) any negligent,
reckless, or intentional misconduct of any of the Consultant’s agents.
For the professional services rendered, to the fullest extent permitted by law, Consultant
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or intentional misconduct of the Consultant or Consultant’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this
Section must not be construed to negate, abridge, or reduce any common-law or statutory rights
of the City as indemnitee which would otherwise exist as to such indemnitee(s).
Consultant’s indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by City.
Should the City be required to bring an action against the Consultant to assert its right to
defense or indemnification under this Agreement or under the Consultant’s applicable insurance
policies required below the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Consultant was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Consultant also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for
[City’s] own fraud, for willful injury to the person or property of another, or for violation of law,
whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Consultant shall at Consultant’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Consultant in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Consultant in this Section.
DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6
86
Professional Services Agreement – Engineering
FY2020-2021
Page 5 of 12
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the City.
Consultant shall furnish to the City an accompanying certificate of insurance and accompanying
endorsements in amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman shall be
endorsed as an additional or named insured on a primary non- contributory basis on both the
Commercial General and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of
cancellation or non-renewal. The City must approve all insurance coverage and endorsements
prior to the Consultant commencing work. Consultant shall notify City within two (2) business
days of Consultant’s receipt of notice that any required insurance coverage will be terminated or
Consultant’s decision to terminate any required insurance coverage for any reason.
12. Termination for Consultant’s Fault:
a. If Consultant refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and the
Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to
Consultant’s Fault”). The City may then take over the work and complete it, either with its own
resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 12, Consultant shall be
entitled to payment only for those services Consultant actually rendered.
c. Any termination provided for by this Section 12 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 12, Consultant shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
13. Termination for City’s Convenience:
DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6
87
Professional Services Agreement – Engineering
FY2020-2021
Page 6 of 12
a. Should conditions arise which, in the sole opinion and discretion of the City, make
it advisable to the City to cease performance under this Agreement, the City may terminate this
Agreement by written notice to Consultant (“Notice of Termination for City’s Convenience”). The
termination shall be effective in the manner specified in the Notice of Termination for City’s
Convenience and shall be without prejudice to any claims that the City may otherwise have
against Consultant.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Consultant shall immediately cease performance under this
Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Consultant shall do only such work as may
be necessary to preserve, protect, and maintain work already completed or immediately in
progress.
c. In the event of a termination pursuant to this Section 13, Consultant is entitled to
payment only for those services Consultant actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Consultant for its performance of this Agreement. Consultant shall, under no circumstances, be
entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any nature
arising, or claimed to have arisen, as a result of the termination.
14. Limitation on Consultant’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Consultant under this Agreement,
Consultant’s damages shall be limited to contract damages and Consultant hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of any
nature or kind.
b. In the event Consultant wants to assert a claim for damages of any kind or nature,
Consultant shall provide City with written notice of its claim, the facts and circumstances
surrounding and giving rise to the claim, and the total amount of damages sought by the claim,
within thirty (30) days of the Consultant becoming aware of the facts and circumstances giving
rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all
rights to assert such claim.
15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this Agreement
shall be Adam Oliver or such other individual as City shall designate in writing. Whenever
DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6
88
Professional Services Agreement – Engineering
FY2020-2021
Page 7 of 12
approval or authorization from or communication or submission to City is required by this
Agreement, such communication or submission shall be directed to the City’s Representative and
approvals or authorizations shall be issued only by such Representative; provided, however, that
in exigent circumstances when City’s Representative is not available, Consultant may direct its
communication or submission to other designated City personnel or agents as designated by the
City in writing and may receive approvals or authorization from such persons.
b. Consultant’s Representative: The Consultant’s Representative for the purpose of
this Agreement shall be Wade Irion or such other individual as Consultant shall designate in
writing. Whenever direction to or communication with Consultant is required by this Agreement,
such direction or communication shall be directed to Consultant’s Representative; provided,
however, that in exigent circumstances when Consultant’s Representative is not available, City
may direct its direction or communication to other designated Consultant personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and shall
be provided to the Representatives named in this Section. Notices shall be deemed given when
delivered, if delivered by courier to Party’s address shown above during normal business hours
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.
16. Permits: Consultant shall provide all notices, comply with all applicable laws, ordinances,
rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business
license, and inspections from applicable governmental authorities, and pay all fees and charges
in connection therewith.
17. Laws and Regulations: Consultant shall comply fully with all applicable state and federal
laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
18. Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by
Consultant of persons performing this Agreement shall be on the basis of merit and qualifications.
The Consultant will have a policy to provide equal employment opportunity in accordance with
all applicable state and federal anti-discrimination laws, regulations, and contracts. The
Consultant will not refuse employment to a person, bar a person from employment, or
discriminate against a person in compensation or in a term, condition, or privilege of employment
DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6
89
Professional Services Agreement – Engineering
FY2020-2021
Page 8 of 12
because of race, color, religion, creed, political ideas, sex, age, marital status, national origin,
actual or perceived sexual orientation, gender identity, physical or mental disability, except when
the reasonable demands of the position require an age, physical or mental disability, marital
status or sex distinction. The Consultant shall be subject to and comply with Title VI of the Civil
Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
thereunder.
Consultant represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Consultant must report to the City any violations of the Montana Equal Pay Act that
Consultant has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Consultant shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement. In addition, pursuant to City Commission Resolution 5169, the
entity awarded a contract under this project and any subcontractors must abide by the Equal Pay
Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by
the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices”
website, or equivalent “best practices” publication and has read the material.
19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant shall not
permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by
any employee or agent engaged in services to the City under this Agreement while on City
property or in the performance of any activities under this Agreement. Consultant acknowledges
it is aware of and shall comply with its responsibilities and obligations under the U.S. Department
of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and
related testing. City shall have the right to request proof of such compliance and Consultant shall
be obligated to furnish such proof.
The Consultant shall be responsible for instructing and training the Consultant's
employees and agents in proper and specified work methods and procedures. The Consultant
shall provide continuous inspection and supervision of the work performed. The Consultant is
responsible for instructing its employees and agents in safe work practices.
20. Modification and Assignability: This Agreement may not be enlarged, modified,
amended or altered except by written agreement signed by both parties hereto. The Consultant
may not subcontract or assign Consultant’s rights, including the right to compensation or duties
arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee
will be bound by all of the terms and conditions of this Agreement.
DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6
90
Professional Services Agreement – Engineering
FY2020-2021
Page 9 of 12
21. Reports/Accountability/Public Information: Consultant agrees to develop and/or
provide documentation as requested by the City demonstrating Consultant’s compliance with
the requirements of this Agreement. Consultant shall allow the City, its auditors, and other
persons authorized by the City to inspect and copy its books and records for the purpose of
verifying that the reimbursement of monies distributed to Consultant pursuant to this Agreement
was used in compliance with this Agreement and all applicable provisions of federal, state, and
local law. The Consultant shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
22. 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.
23. 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.
24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
25. 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.
26. Survival: Consultant’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
27. 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.
DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6
91
Professional Services Agreement – Engineering
FY2020-2021
Page 10 of 12
28. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
29. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
31. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties,
does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced
by a third party.
32. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
33. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part
thereof by reference, are not binding upon the parties. There are no understandings between
the parties other than as set forth in this Agreement. All communications, either verbal or
written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless
specifically made a part of this Agreement by reference.
34. Standard of Care: In providing services under this Agreement, Consultant will perform in
a manner consistent with the degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances. If any service should be found
to be not in conformance with this standard, the Consultant shall, at the City’s request, re-
perform the service at its own expense. Consultant shall also, at its own expense, make such
changes, modifications or additions to the project which are made necessary as a result of the
initial non-performance or the re-performance of services. The City’s rights herein are in addition
to any other remedies the City may have under the law
35. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all
monies due Consultant under this Agreement, Consultant’s work products produced under this
Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or
modification of the work products will be at City’s sole risk and without liability or legal exposure
to Consultant or to its officers, directors, members, partners, agents, employees, and
consultants.
36. Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30,
Chapter 18, Part 1, MCA.
DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6
92
Professional Services Agreement – Engineering
FY2020-2021
Page 11 of 12
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6
93
Professional Services Agreement – Engineering
FY2020-2021
Page 12 of 12
In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA CONSULTANT
BY: BY:
Jeff Mihelich, City Manager
DATE: DATE:
ATTEST:
BY:
Mike Maas, City Clerk
APPROVED AS TO FORM:
BY:
Greg Sullivan, City Attorney
DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6
5/31/20226/4/2022
94
First Amendment to Professional Services Agreement for Stormwater Facilities Plan Update FY 2023 – FY 2024 Page 1 of 3
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Stormwater Facilities Plan Update dated May 24, 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 DOWL,
LLC, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Updated Scope of Services: The attached scope of services and budget outlines
additional tasks which will inform the Facilities Plan Update
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
95
First Amendment to Professional Services Agreement for Stormwater Facilities Plan Update FY 2023 – FY 2024 Page 2 of 3
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.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
96
First Amendment to Professional Services Agreement for Stormwater Facilities Plan Update FY 2023 – FY 2024 Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA DOWL, LLC
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name: Wade Irion
Title: DOWL Water Practice Lead
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
97
Scope of Work for West Bozeman Flow Measurement Program
The following scope of work summarizes tasks to be completed by DOWL to collect flow data along the
south-to-north drainage on the West side of Bozeman below Farmers Ditch for the 2023 Spring to Fall
season. The tasks below highlight the effort to set up, maintain, calibrate, and tear down a single flow
measurement site. The associated budget assumes six sites will be set up along the South to North
drainages. DOWL has assumed collection at each site from Late April to Mid-October collecting flow
depth readings every 15 minutes.
Project Management
• DOWL will perform general project management tasks including setting up the contract,
invoicing and coordinating with the City of Bozeman.
Assessment of Flow Measurement Sites
• DOWL will perform a preliminary evaluation of the various south-to-north drainage to access
which drainages to install flow measurement devices. Nine drainages will be initially reviewed
and it’s assumed that 3 to 5 drainages will be recommended for flow measurement.
o Take pictures of locations potential locations.
o Collect general drainage ditch dimensions.
o Assess high water marks and baseflow conditions.
• DOWL will coordinate with the City of Bozman on the recommendation of the drainages to be
measured. Flow measurement devices may be installed at multiple locations along a drainage to
understand contributing runoff developed areas of the City.
Flow Measurement Program
• DOWL will travel to the site and set up the flow depth measurement equipment.
o Survey a cross-section of the ditch and channel flowline points upstream and
downstream to estimate the slope of the ditch.
o Install the In-Situ flow piezometer at the edge of the channel banks and verify the
elevation it is set at.
o Take pictures of the cross-section at setup.
• DOWL has assumed the City of Bozeman will participate in one of the site set ups and initial flow
measurement collection for some internal in-the-field training. DOWL will step through the flow
measurement equipment, set up and program the equipment, and step through flow
measurement collection using the HACH flow meter.
• Process data and develop a preliminary rating curve for each cross-section using some
estimated values.
• DOWL will travel to the site and use a Hach meter to determine the current flow rate at the site.
Three actual measurements will be performed at each site.
o Take pictures of the ditch at the time of flow measurement.
o DOWL may download the collected depth data from the In-Situ piezometer depending
on the setup conditions.
o Use flow measurement value to calibrate the cross-section rating table.
98
• DOWL will travel to the site and tear down the equipment at the end of the collection period.
• Develop final deliverables, GIS map of the flow measurement sites, flow rate chart for each site
and an excel document with all the collected flow data and photos.
Cost Estimate
$32,000
99
Memorandum
REPORT TO:City Commission
FROM:Max Ziegler, Facilities Project Coordinator
Mike Gray, Facilities Superintendent
Jon Henderson, Strategic Services Director
SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Professional
Services Agreement with FOS of CannonDesign for Facilities Condition
Assessment Services
MEETING DATE:April 25, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign the First Amendment to the Professional
Services Agreement with FOS of CannonDesign for Facilities Condition
Assessment Services
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:In order to adequately inform long term facilities planning and budgeting, a
comprehensive analysis of City buildings is needed to evaluate facility
condition, repair needs, and system lifespans. Contracting a Facilities
Condition Assessment consultant to inspect our buildings will provide the
City with an inventory of deferred maintenance needs and their associate
repair costs, forecasts for future maintenance expenditures and equipment
replacement cycles, and an understanding of buildings' lifecycles and capital
needs. Reports and deliverables from these assessments will provide a
dashboard for analyzing portfolio wide needs, forecasting expenses, and will
aid in managing facility repair and maintenance projects.
The City of Bozeman signed a contract with FOS of CannonDesign on May 3,
2022 for Facility Condition Assessment services. 12 sites were inspected in
the summer of 2022 which comprised some of the City's most critical
facilities and covered 339,792 square feet of buildings. These inspections
included detailed analysis of all major building systems lifecycles and needs,
and yielded powerful and actionable data which will inform maintenance
and capital improvement needs over the next ten years. With the success
and demonstrated value of the 2022 inspections, the Facilities Dept. has
expanded the scope of the inspections to an additional 35 structures across
the city to be inspected in 2023 which will total 335,559 square feet of
buildings inspected.
100
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Expenses for this facilities condition assessment service agreement are to be
a fixed fee of $80,018 to be expensed to Project Code: FCA22. This fee will
provide for the assessment of 35 City structures, asset tagging of equipment,
and reports and data deliverables as described in the scope of services.
Attachments:
Amendment 1 - PSA with FOS of CannonDesign - Facilities
Condition Assessments.pdf
Professional Services Agreement - FOS - Facilities Condition
Assessments - Signed.pdf
Report compiled on: April 13, 2023
101
First Amendment to Professional Services Agreement for Facility Condition Assessments
FY 2023 – FY 2024
Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS 1ST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Facilities Condition Assessment Services dated May 3, 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 FOS of
CannonDesign, 50 Fountain Plaza, Suite 200, Buffalo, NY 14202, hereinafter referred to as
“Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Extension of Term. Section 30 of the Agreement is extended for an additional one (1) year
period. The Agreement shall terminate on December 27, 2024.
2. Expansion of Scope. Section 3 of the agreement is modified to include the Scope of
Services attached hereto as Exhibit B.
3. Modification of Payment. Section 4 of the agreement is modified to include additional
expenses of $80,018 as specified in the Scope of Service, Exhibit B.
4. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
102
First Amendment to Professional Services Agreement for Facility Condition Assessments
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 FOS of CannonDesign
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
103
EXHIBIT B
104
Facility Optimization Solutions, LLC
April 12, 2023
Max Ziegler
Facilities Project Coordinator
City of Bozeman
PO Box 1230
Bozeman, MT 59771
Dear Max,
Facility Optimization Solutions (FOS) of CannonDesign is pleased to discuss the potential to continue
additional services with the City of Bozeman (the ‘City’) following the recent completion of a 14-building
facility condition assessment (FCA).
Several added buildings are listed below, which would be assessed using the same methodology and level of
detail as the original project.
Additional Buildings – Scope of Work
A UniFormat Level 3/5 FCA will be performed for an additional 35 assets (listed below) with asset
tagging. Up to two weeks of field assessment is anticipated.
Building Address Square Footage
Sunset Cemetery – Equipment
Shop
Cypress & Cemetery 2,160
Lindley Park – Restroom 1102 E. Cutis 500
Kirk Park – Restroom 137 N. 20th Ave 500
Bogert Park – Pavilion 213 South Church 25,000
Bogert Park – Bandstand 213 South Church 1,500
Bronken Soccer Complex –
Concession/Restroom
4195 Durston Rd 2,500
Bozeman Sports Park –
Concession/Restroom
4600 Baxter Ln 800
Softball Complex –
Concession/Restroom
501 Haggerty Ln 1,600
Bozeman Pond – Restroom 550 S. Fowler 400
Bozeman Pond – Restroom 550 S. Fowler 200
Story Mill Park – Restroom 698 Bridger Dr 700
Glen Lake Rotary Park –
Restroom
830 Manley Rd 2,500
Christie Fields –
Concession/Restroom
Christie Fields 1,500
Sunset Cemetery – Toolshed Cypress & Cemetery 1,200
Southside Park –
Restroom/Storage
S. 5th Ave and W. College St 1,600
Story Mansion – Community
Service Building
811 S. Wilson Avenue 16,090
Story Mansion – Carriage House 811 S. Wilson Avenue 4,680
Bridger Center Lift Station 105 Commercial Drive 300
Norton Ranch Lift Station 260 Lauren Pkwy 500
105
Facility Optimization Solutions, LLC
Cattail Lift Station 2975 Trout Meadows Rd 500
Baxter Meadows Lift Station 3698 Cattail 500
Burrup Lift Station 437 Hospitality Rd 200
Laurel Glen Lift Station –
Equipment Storage
5519 Saxon Way 3,500
Laurel Glen Lift Station –
Sewage Lift Station
5519 Saxon Way 500
Loyal Gardens Lift Station 965 Golden Gate Ave 400
Pear Street Booster Station 1202 Pear St 800
Knolls Booster Station 1575 Kenyon Dr 1,300
Water Treatment Plant – House
on Site
7022 Sourdough Rd 2,600
Water Treatment Plant –
Storage Bldg 1
7022 Sourdough Rd 1,400
Water Treatment Plant –
Storage Bldg 2
7022 Sourdough Rd 800
Kenyon Drive Reservoir –
Communication Shed
1632 Kenyon Dr 300
Hyalite Diversion Intake Building
– Water Pump Station
10825 Hyalite Canyon Rd 1,000
Lyman Creek WTP & Reservoir –
Lyman WTP
Story Mill Rd 1,600
Bridger Park Downtown Parking
Garage
Black & Mendenhall 157,929
Public Safety Center 901 N. Rouse Ave 98,000
335,559
These assets will be added to FOScore® and accessible as part of the City’s current software trial.
Total Project Cost: $80,018
Clarifications:
No review of food service equipment or furniture is included. Destructive testing, sample analysis,
hazardous material, thermal imaging, arc flash testing, life safety analysis, legal compliance level of detail
ADA accessibility, or above ceiling survey is not included in the above proposal. Additionally, our field
engineers will not climb portable ladders, walk sloped roofs, or enter entry permit required confined
spaces. No review of underground site utilities, underground civil infrastructure, or landscaping is included.
We look forward to discussing this information with you at your convenience. If you have any questions, please
feel free to contact me directly.
Thank you,
Joseph Cassata, RA, NCARB
716.774.3258
jcassata@foscd.com
106
Version 8 30 21
Professional Services Agreement for Facilities Condition Assessment
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, FOS of CannonDesign, 50 Fountain Plaza, Suite 200,
Buffalo, NY 14202, 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 _____ day of ______________, 202_, 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,
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
2
December29th
May
3
3
107
Version 8 30 21
Professional Services Agreement for Facilities Condition Assessment
Page 2 of 11
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
108
Version 8 30 21
Professional Services Agreement for Facilities Condition Assessment
Page 3 of 11
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
109
Version 8 30 21
Professional Services Agreement for Facilities Condition Assessment
Page 4 of 11
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
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
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
110
Version 8 30 21
Professional Services Agreement for Facilities Condition Assessment
Page 5 of 11
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
111
Version 8 30 21
Professional Services Agreement for Facilities Condition Assessment
Page 6 of 11
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Max Ziegler, Facilities Project Coordinator or such other individual as
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
112
Version 8 30 21
Professional Services Agreement for Facilities Condition Assessment
Page 7 of 11
City shall designate in writing. Whenever approval or authorization from or communication
or submission to City is required by this Agreement, such communication or submission shall
be directed to the City’s Representative and approvals or authorizations shall be issued only
by such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
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.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
Joseph Cassata, President
113
Version 8 30 21
Professional Services Agreement for Facilities Condition Assessment
Page 8 of 11
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
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
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
114
Version 8 30 21
Professional Services Agreement for Facilities Condition Assessment
Page 9 of 11
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
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
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
115
Version 8 30 21
Professional Services Agreement for Facilities Condition Assessment
Page 10 of 11
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
116
Version 8 30 21
Professional Services Agreement for Facilities Condition Assessment
Page 11 of 11
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than May 3rd, 2024.
32. Contractor Tools: Contractor may use data, software, designs, utilities, tools, models,
systems and other methodologies and know-how that Contractor owns or licenses (“Tools”) in
performing the Services. Notwithstanding the delivery of any reports, Contractor retains all rights in
and to the Tools (including any improvements, customizations, modifications or knowledge
developed while performing the Services), and in any working papers compiled in connection with
the Services (but not the City information reflected in them), including any copyrights, patents, and/or
trademarks therein or associated therewith. The City acknowledges that the City has no right, title, or
interest in or to the Tools or any copyrights, patents, and/or trademarks therein or associated
therewith.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
Joseph Cassata, RA, NCARB
President
Joe Cassata
117
EXHIBIT A
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
118
RESPONSE TO REQUEST FOR PROPOSAL
City of Bozeman
Facilities Condition Assessment Cosultant Services
March 3, 2022
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
119
2
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
120
Contents
A Executive Summary
B Firm/Individual Profile
C Description of Proposed Solution
D Proposed Schedule
E Related Experience
F Recent and Current Work for the City of Bozeman
G References
H Cost Proposal
I Affirmation of Nondiscrimination
3
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
121
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
122
A
Executive Summary
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
123
Dear Selection Committee,
On behalf of FOS of CannonDesign, we are pleased to respond to the request for proposal from the City of
Bozeman (hereinafter known as the “City”) for facilities condition assessment (FCA) services. This significant
undertaking will have an impact on your entire city, and we appreciate the opportunity to help you thoughtfully
plan for the future. In anticipation of the City’s continued population growth, the data produced by this FCA
will enable you to accurately prioritize and plan maintenance and expansion efforts to accommodate the City’s
increasing infrastructure needs.
FOS of CannonDesign is the right partner for the City as you embark on this exciting endeavor. Our team offers a
number of advantages, including the below highlights.
In the last six years, FOS has performed over 600 million square feet of facility condition assessments, of which
no two are the same. We have deep experience in helping civic and municipal organizations, universities, and
corporations make bold, informed choices on their strategies for the future. Our Facility Optimization Solutions
(FOS) service utilizes a consistent and proven assessment process including real-time data capture. Like all of our
FCAs, the way we will deliver this project will be tailored to the City’s specifications defined in the RFP and further
refined during our scoping discussions.
FOS of CannonDesign has structured a robust interdisciplinary group of full-time FCA specialists, including
architects, engineers, cost estimators, constructors, facility managers, and technology specialists. We
understand how facilities are designed, built, operated, maintained, and repurposed. We understand the diverse
perspectives and obligations of individuals throughout agencies and institutions and deliver defensible decision-
making information that is useful at all levels of the organization. We believe that our team is fully capable and
best suited to assist the City in understanding the general condition of the 12 high-priority buildings listed in
the RFP, their components and systems, and the short- and long-term financial needs. FOS of CannonDesign
has dedicated in-house cost estimators with local construction knowledge and does not rely on commercially
available, regionalized cost estimating guidebooks. Our team estimates over $4 billion worth of active
construction projects on an annual basis.
Our team has a consistent, well-defined 9-step approach to facility condition assessments, determining
space and programming needs, and master planning. We’ve made an effort to understand your scope and
have designed a process that we believe will drive your city to the right outcomes. We understand the specific
challenges associated in municipal services, and we bring national expertise and lessons learned from our
partnerships with the County of San Luis Obispo, City of Greeley, City of Urbana, Orange County, and other
municipalities of varying size nationwide.
FOS of CannonDesign will be joined by local Bozeman engineers at Aspen Springs Consulting. Niles Hushka,
PE, Shane Strong, PE, and Shari Eslinger, PE, will participate in project meetings to provide in-sight from their
experience, background, ongoing design and construction projects. Aspen Springs Consulting will review the cost
estimates prepared by FOS of CannonDesign. We understand that the construction market in Bozeman is unique
and challenging in many ways. This collaboration is in-tended to provide further calibration to the local market
conditions.
In line with the City’s goals for this project, FOS of CannonDesign will:
• Compile a list of repairs and maintenance needs for each building. Our four-person assessment team will
walk each building with members of the City’s facility team to assess each system component and learn from
March 4, 2022
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
124
the institutional knowledge of those who work with those systems on a daily basis.
• Forecast long-term capital needs and system replacement cycles. Our team will use a 10-year assessment
scope window to identify future renewal needs of systems and components nearing the end of their useful
remaining life.
• Estimate rough order of magnitude estimates for repairs and building replacement, utilizing the knowledge
and resources of our own in-house cost estimators, not generalized books or databases.
• Develop a central dataset of pertinent information for all city buildings, compiled in our FOScore data
collection software system and exported into an Excel format for integration with CityWorks. FOScore is an
Asset Management Software for capital planning and project planning that complements CityWorks – it is not
a work order system. A free trial of FOScore is included at no additional charge.
• Support planning for energy efficiency improvements through identification of items that have potential for
energy improvements.
• Create plans and schedules for routine maintenance cycles for import into CityWorks.
The City’s 12 high-priority buildings will be assessed to gather general information on each building and
to evaluate the condition of the systems as they relate to: general condition; remaining useful life; current
deficiencies and items requiring maintenance, prioritized by urgency for repair; and rough order of magnitude
cost estimates for current and forecasted repair maintenance needs. Routine maintenance plans and schedules
for each building will be provided as well as comprehensive photographs of each building and their systems.
In response to the City’s scope of work, we’re proposing a components approach assessment, where our team
will observe the individual components of systems within physical assets – this level of detail is necessary for
preventative maintenance planning tasks. We also recommend including a pilot assessment, where one asset
from your group of 12 high-priority buildings will be selected to be taken through the entire process for review
and approval before the balance of reports are issued. This pilot assessment is a critical step toward ensuring
that the resulting data at the end of the project sufficiently matches your needs and expectations.
We also recognize the City’s ambitious climate goals and the critical role that energy efficiency in city buildings
plays in transitioning to a carbon-neutral economy over the next 30 years. In line with this RFP’s stated
deliverables, this assessment will identify known items that have potential for energy improvement to support
these efforts, and we also offer high-level approaches that can lead to more detailed studies – this can be
discussed further if that level of detail is needed in order to meet goals associated with increasing energy
efficiency at City facilities.
Ultimately, what defines the FOS of CannonDesign group is our desire to work in strong partnership with the City
in order to establish shared goals and exercise joint ownership of project decisions from start to finish. We strive
to provide exceptional services and pride ourselves on our unparalleled work ethic.
We appreciate your review and consideration of this proposal. Please feel free to contact us with any questions or
requests for additional information.
Thank you,
Joseph Cassata, RA, NCARB716.774.3258jcassata@foscd.com
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
125
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
126
B
Firm/Individual Profile
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
127
Section B Firm/Individual Profile
City of Bozeman | 10
We began with one person and a vision - that integrated design could achieve great results for our clients.
Now, a century later, that vision echoes in all our work. We’ve grown from a single small office to a global, award-winning, full-service architectural, engineering, construction, and facility management consulting firm.
CannonDesign has developed an international reputation for design excellence, technological innovation, and unsurpassed client service. Our wide-ranging service offerings allow us to provide organizations with comprehensive solutions that address specific needs, goals, and challenges.
Us (CannonDesign).
People
Firm wide, we have over 1,100 employees on staff. We have no geographic boundaries - we hand pick custom teams from our global network for the specific needs of each project.
Our vision emphasizes core values of integrity, teamwork, transparency, sustainability, and excellence. We differ from other multi-office design firms in our thinking, work ethic, and organization. We are an interdisciplinary firm, integrating all the skills needed to deliver innovative solutions.
Place
We have 21 global offices strategically placed across the globe. With a strong legacy of delivering successful projects, we are connected to the City of Greeley - it’s culture, its people, and its future. Our local office for this project is located at 1301 Wazee Street, Suite 100, Denver, CO 80204.
Purpose
We are guided by our common vision and purpose: “Together, we create design solutions to the greatest challenges facing our clients and society.”
This shared vision shapes the way we think and work. Our clients are our most important partners. By aligning ourselves with our client’s vision, we are able to address their challenges in multiple dimensions, drawing on our deeply-resourced, multi-disciplinary skill base.
BACKGROUND AND EXPERIENCE
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
128
Section B Firm/Individual Profile
City of Bozeman | 11
Facility Optimization Solutions (FOS) is a dedicated facility management services subsidiary of CannonDesign. Throughout the life-cycle of an asset portfolio, the time and capital spent on operations and maintenance far exceeds design and construction costs.
(FOS) of CannonDesign provides facility management and strategic capital planning consulting to meet the ongoing stewardship needs of our clients.
We crafted a unique, interdisciplinary team of subject matter experts that is an industry leader in providing facility condition assessments, facility management optimization, and custom software solutions to help our clients understand and extend physical asset life-cycles.
Flexible, Dynamic, Data-Driven Solutions
We leverage our diverse resources to develop innovative
solutions for each of our clients’ unique needs. Our
expertise in physical asset management includes:
• Facility condition assessments
• Asset inventory & maintenance planning
• Capital improvement planning
• Job order contracting (JOC) software &
program management
• Energy audits
• Forensic & feasibility assessments
• ADA / Life Safety Solutions
World Ranked
#1 in U.S.
Facility Management Services by an AE firm -World Architecture 100, 2019
+400 million
Square Footage Assessed (past 5 years)
100%
Client satisfaction rating
BACKGROUND AND EXPERIENCE
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
129
Section B Firm/Individual Profile
City of Bozeman | 12
Assessment Team
Paul PokigoLEED AP, CDTSenior Project Manager
David MalinowskiMechanical & Plumbing Assessor
Mark TittleAssoc. AIAField Project Manager/Architectural Assessor
Brad HalvorsonElectrical Assessor
Mario AlcantaraAssoc. AIAArchitectural Assessor
Project Management
Joe CassataRA, NCARB FOS President, Project Executive
Nicholas DerrAssoc. AIAFCA Process Leader
Niles Hushka, PEAspen Springs Consulting, BozemanSenior Engineer
Subject Matter Experts
Matt CloughSoftware Integration Leader Bill GrillCPE, LEED AP BD+CCost Estimating Leader
Amir Rezaei-BazkiaeiPHD, BPACEnergy/Emission Reduction
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
130
Section B Firm/Individual Profile
City of Bozeman | 13
Joseph Cassata
RA, NCARB
FOS President, Project Executive
Joe Cassata leads CannonDesign’s Facility Optimization Solutions team in its efforts to help organizations understand and leverage their facility assets to be more efficient, effective and sustainable. With over 30 years of experience as an accomplished project manager, Joe is uniquely qualified to partner with our clients on developing insightful facility condition assessments, maintenance planning, asset management, space utilization studies and other services. Joe prides himself on building long term relationships with our clients and leverages his PM expertise to manage schedules and budgetary challenges for organizations across all industries.
EDUCATION
MArch, Architecture, State University of New York at Buffalo
BA, Environmental Design, State University of New York at Buffalo
CERTIFICATIONS
Registered ArchitectNCARBAIA (American Institute of Architects)
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS of CannonDesign came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
Orange County Community Resources, Irvine, CACannonDesign completed a comprehensive Facility Condition Assessment (FCA) of the 1 million sf of assets comprised of the Orange County Zoo, 36 parks and 35 libraries.
City of Denver, Denver, COFOS of CannonDesign has provided on call assessment services for the City of Denver since 2019. Typically these are ADA assessments, due diligence assessments, or pre-design assessments to aid the City in data driven facility planning.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management
software.
Current workload:
Providing leadership to a team of 50 facility management and software professionals.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
131
Section B Firm/Individual Profile
City of Bozeman | 14
Nicholas Derr
ASSOC. AIA
FCA Process Leader
Nick is a third-generation builder, designer, consulting facility planner, and software implementation specialist. With over 20 plus years of technically focused experience, he excels at creating data centered programs that empower clients to realize new goals. Nick is responsible for engaging FOS clients as a partner in the total process, ensuring stakeholder satisfaction and valid results - all while driving meaningful and measurable improvements in the built environment throughout our communities.
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS of CannonDesign came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
City of Urbana- Urbana, IllinoisThe City of Urbana set out to preserve “the quality of life for the citizens, visitors, businesses and government agencies.” FOS conducted a Facility Conditions Assessment including 12 assets and 102,527 square feet that resulted in their long-term capital plans being approved by their City Council.
City of Denver, Denver, COFOS of CannonDesign has provided on call assessment services for the City of Denver since 2019. Typically these are ADA assessments, due diligence assessments, or pre-design assessments to aid the City in data driven facility planning.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management
software.
EDUCATION
BA, Architecture, Syracuse University
AFFILIATIONS
American Institute of Architects
National Eagle Scout Association
Current workload:
10% Commitment to A.T. Still University, 10% commitment to Salvation Army
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
132
Section B Firm/Individual Profile
City of Bozeman | 15
Paul Pokigo
LEED AP, CDT
Senior Project Manager
EDUCATION
M, Technology Education,
Bachelor, Architecture, University at Buffalo
AFFILIATIONS
• American Institute of Architects• Hospitality Design Institute• National Association of Homebuilders• Construction Specifications Institute• US Green Building CouncilProject Management Institute (PMI)
RELEVANT EXPERIENCE
Town of Amherst, Amherst, NYFOS of CannonDesign is performing a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
Diocese of Lansing, Lansing, MIFOS conducted an assessment of the Diocese of Lansing to review their assets which included 200 assets included churches, k-12 buildings, rectories, offices, and community buildings. The FOS team providing short and long term investment strategies to assist the Diocese in their long term planning efforts. Phase two will include additional schools and offices.
Foothills-De Anza, Los Altos Hills, CAMulti-campus facility condition assessment (FCA) for 2.1M sf of facilities across two campuses to provide the District with the necessary information needed to make informed decisions on critical aspects of the facilities and infrastructure serving all their campuses. The FCA has identified current conditions, helped with risk analysis, and will be able to guide stakeholders in decisions that impact the long-term use of the buildings and ultimately the students.
Paul, a Senior Project Manager for FOS, has led efforts with design-build and construction firms for over 25 years. With training in architecture and technology education, he is well-versed in the ways of working with owners, architects, and construction managers.
Paul is a firm believer in collaborative work environments, and uses his experience managing the project planning, execution, and development processes to guide field teams.
Paul previously taught architecture, design, and civil engineering to high school students and is even an award-winning designer from a tree-house hotel and operations plan competition. His unique perspectives and project management experiences are an asset to any project.
Current workload:
50% commitment to Town of Amherst (ends mid April), 1-% commitment to Denver Public Schools 5-year FCA
program
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
133
Section B Firm/Individual Profile
City of Bozeman | 16
Mark Tittle
ASSOC. AIA
Field Project Manager/Architectural Assessor
EDUCATION
AAS, Architectural Technology, State University of New York at Buffalo
BS, Architecture, State University of New York at Buffalo
CERTIFICATIONS
Associate AIA
AFFILIATIONS
American Institute of Architects
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS of CannonDesign came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
Orange County Community Resources, Irvine, CACannonDesign completed a comprehensive Facility Condition Assessment (FCA) of the 1 million sf of assets comprised of the Orange County Zoo, 36 parks and 35 libraries.
City of Denver, Denver, COFOS of CannonDesign has provided on call assessment services for the City of Denver since 2019. Typically these are ADA assessments, due diligence assessments, or pre-design assessments to aid the City in data driven facility planning.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management
software.
Mark is an architectural field assessor in CannonDesign’s Facility Optimization Solutions (FOS) group. With over 25 years of experience as a project manager for design and construction projects, Mark has intimate knowledge of architectural systems and building life-cycle analysis. His experience includes projects in diverse environments including healthcare, education, recreational, industrial, and corporate/commercial.
Availability: 90%
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
134
Section B Firm/Individual Profile
City of Bozeman | 17
Mario Alcantara
ASSOC. AIA
Architechtural Assessor
Mario is an architectural assessor for FOS of CannonDesign. With over 20 years of design, construction, assessment, and project management experience, he brings broad architectural systems experience to the FOS team. In addition to his design and assessment experience, Mario has a construction quality assurance background that drives his firm attention to detail.
EDUCATION
BArch, Fine Arts in Architecture, Rhode Island School of Design
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS of CannonDesign came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
Orange County Community Resources, Irvine, CACannonDesign completed a comprehensive Facility Condition Assessment (FCA) of the 1 million sf of assets comprised of the Orange County Zoo, 36 parks and 35 libraries.
City of Denver, Denver, COFOS of CannonDesign has provided on call assessment services for the City of Denver since 2019. Typically these are ADA assessments, due diligence assessments, or pre-design assessments to aid the City in data driven facility planning.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management
software.
Availability: 90%
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
135
Section B Firm/Individual Profile
City of Bozeman | 18
David Malinowski
Mechanical & Plumbing Assessor
David is an mechanical systems Assessor in CannonDesign’s Facility Optimization Solutions (FOS) group. He provides Facility Condition Assessments (FCA) for electrical, mechanical, plumbing, and fire protection systems in a variety of building typologies including education, healthcare, industrial, manufacturing, government, and corporate organizations. David has over 30 years of HVAC project management and estimating experience in the construction field.
EDUCATION
MCAA, Institute for Project Management, State University of Texas at Austin
AAS, Electro-Mechanical Drafting, State University of NY, Alfred State
Project Management Certificate Program, State University of New York at Buffalo
RELEVANT EXPERIENCE
Orange County Community Resources, Irvine, CACannonDesign completed a comprehensive Facility Condition Assessment (FCA) of the 1 million sf of assets comprised of the Orange County Zoo, 36 parks and 35 libraries.
CharlotteCounty, Punta Gorda, FL The comprehensive facilities condition assessment for 115 municipal buildings and sites (1.76M sf) in Charlotte County, FL is a 2020 update to the same FCA completed in 2013. Facility types include parks, libraries, justice center, fire stations, law enforcement centers, community centers, maintenance and utility structures, county administrative facilities and other building types. ADA-related deficiencies observed were also recorded.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management
software.
Alameda County, Oakland, CAFacility condition assessments to determine the state of deferred maintenance and identify capital needs across an asset portfolio of 86 municipal buildings.A database was populated using our assessment and asset management software, FOScore®, which integrates with industry standard CMMS, BIM, and GIS software. This database can interface with existing maintenance and capital renewal procedures to inform work order management using real time actionable facility condition data.Availability: 90%
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
136
Section B Firm/Individual Profile
City of Bozeman | 19
Bradley Halvorson
Electrical Assessor
Brad is adept at assessing, installing, and maintaining major electrical systems. With his experience spanning across all markets, he has been a successful supervisor. Brad performs electrical projects including teaching code exam preparation and continuing education classes to other licensed electricians.
CERTIFICATIONS
Master Electrician: MNJourneyman Electrican: CO
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS of CannonDesign came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality.
Charlotte County, Punta Gorda, FLFacilities condition assessment for 115 municipal buildings and sites (1.76M sf). Facility types include parks, libraries, justice center, fire stations, law enforcement centers, community centers, maintenance and utility structures, county administrative facilities and other building types.
Foothills-De Anza, Los Altos Hills, CAMulti-campus facility condition assessment (FCA) for 2.1M sf of facilities across two campuses to provide the District with the necessary information needed to make informed decisions on critical aspects of the facilities and infrastructure serving all their campuses. The FCA has identified current conditions, helped with risk analysis, and will be able to guide stakeholders in decisions that impact the long-term use of the buildings and ultimately the students.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and
management software.
Availability: 90%
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
137
Section B Firm/Individual Profile
City of Bozeman | 20
Experienced in a variety of software languages,
environments, and platforms, Matt is adept at working with
clients to solve challenges through software application
development. Matt’s experience is specific to facilities asset
management solutions in markets including government,
higher education, PK-12, healthcare, aviation, defense, and
more. His robust experience with database architecture, web-
based user interfaces, data analysis, and reporting will ensure
that all software specifications for the project are met and
exceeded.
Matt’s technical experience helps clients identify needs and
challenges them to implement functional, valuable solutions.
He strives to pave a path forward to implement innovative
improvements to all our platforms and client programs.
EDUCATION
Bachelor of Business Administration, Information Systems, University of Texas at San Antonio
Matt Clough
Software Integration Leader
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management software.
Foothills-De Anza, Los Altos Hills, CAMulti-campus facility condition assessment (FCA) for 2.1M sf of facilities across two campuses to provide the District with the information needed to make informed decisions on critical aspects of the facilities and infrastructure serving all their campuses. The FCA has identified current conditions, helped with risk analysis, and will be able to guide stakeholders in decisions that impact the long-term use of the buildings and ultimately the students.
CharlotteCounty, Punta Gorda, FL The facilities condition assessment for 115 municipal buildings and sites (1.76M sf) in Charlotte County, FL is a 2020 update to the same FCA completed in 2013. Facility types include parks, libraries, justice center, fire stations, law enforcement centers, community centers, maintenance and utility structures, county administrative facilities and other building types. ADA-related deficiencies observed were also recorded.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
138
Section B Firm/Individual Profile
City of Bozeman | 21
William (Bill) Grill
CPE, LEED AP BD+C
Cost Estimating Leader
Bill is the director of our in-house cost estimating group,
a team of interdisciplinary professionals maintaining a
robust cost database refined over the past forty years. Bill
and his team provide ongoing database support to ensure
the UPB reflects all local, regional, national, and global
economic conditions. Bill has experience in all markets for
projects ranging from small renovations to major $1B+ new
construction.
As an integral point of leadership and guidance for the JOC
cost estimating group, Bill ensures that all of our cost data is
up to date, controlled for quality, and that long-term market
and local conditions are understood and predicted for the
benefit of all cost data users internally and externally.
EDUCATION
BS, Mechanical Engineering, Alfred University
AFFILIATIONS
Alpha Lambda Delta Honor SocietyTau Beta Pi Engineering Honor Society
RELEVANT EXPERIENCE
City of Denver, Denver, COFOS of CannonDesign has provided on call assessment services for the City of Denver since 2019. Typically these are ADA assessments, due diligence assessments, or pre-design assessments to aid the City in data driven facility planning.
Foothills-De Anza, Los Altos Hills, CAMulti-campus facility condition assessment (FCA) for 2.1M sf of facilities across two campuses to provide the District with the necessary information needed to make informed decisions on critical aspects of the facilities and infrastructure serving all their campuses. The FCA has identifievd current conditions, helped with risk analysis, and will be able to guide stakeholders in decisions that impact the long-term use of the buildings and ultimately the students.
City of Urbana, Urbana, ILThe City of Urbana set out to preserve “the quality of life for the citizens, visitors, businesses and government agencies.” FOS conducted a Facility Conditions Assessment including 12 assets and 102,527 square feet that resulted in their long-term capital plans being approved by their City Council.
City of Santa Rosa, Santa Rosa, CAFacility Condition Assessment and Structural / Seismic Evaluations Assessments includes 115 assets and 651,327 square feet across the City of Santa Rosa.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
139
Section B Firm/Individual Profile
City of Bozeman | 22
Amir Rezaei-Bazkiaei
PHD, BPAC
Energy/Emission Reduction
Amir is an engineer and energy data geek. Amir’s numerical simulation approach is complemented by his creative and collaborative approach to team integration. He is known for bringing design ideas to the table as well as simplifying the technical performance data of projects into actionable information for project stakeholders. His professional goal and passion is to help integrate advanced computational methods within the building design process that would accelerate the adoption of net-zero and positive-energy design concepts.
Amir is proficient with multiple energy simulation and design software platforms including: EnergyPlus, OpenStudio, IES-VE, TRNSYS, DesignBuilder, jEplus+EA, GenOpt and SketchUp. Amir is also a guru with Microsoft Excel, creating custom analysis and post-processing solutions. Amir is an active leader in the local ASHRAE chapter, the international building performance simulation association (IBPSA), and is a regular speaker, locally and nationally, on high performance design and advanced energy simulation topics.
EDUCATION
Ph.D, Civil, Structural and Environmental Engineering, State University of New York at Buffalo
B.Sc, Civil Engineering, Sharif University of Technology
Master of Science, Environmental Engineering, Iran University of Science and Technology
CERTIFICATIONS
LEED Green Associate
AFFILIATIONS
American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE)International Building Performance Simulation Association (IBPSA)
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS of CannonDesign came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
Orange County Community Resources, Irvine, CACannonDesign completed a comprehensive Facility Condition Assessment (FCA) of the 1 million sf of assets comprised of the Orange County Zoo, 36 parks and 35 libraries.
City of Denver, Denver, COFOS of CannonDesign has provided on call assessment services for the City of Denver since 2019. Typically these are ADA assessments, due diligence assessments, or pre-design assessments to aid the City in data driven facility planning.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management
software.
Availability: 40%
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
140
C
Description of Proposed Solution
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
141
Section C Description of Proposed Solution
City of Bozeman | 24
Description of Proposed Solution
The team at FOS understands that the City requires facility condition assessment (FCA) data that will help
identify current deficiencies, inform and prioritize preventative maintenance measures, forecast long-term capital
needs, and achieve the city’s climate goals. This is what our interdisciplinary team was designed to do. We are
full-time facility condition assessment providers.
FOS provides accurate FCA data derived from a highly developed, nine-step facility condition assessment
process that has been tested at facilities across the country – we present our approach for your evaluation. In
addition to covering FCA planning, on-site facility condition inspection, analysis of FCA information, FCA report
and database preparation, and presentation of findings in a final report & database phase, we facilitate three
important collaborative phases that are necessary to ensure our joint success. Points below shown in orange
indicate collaboration points.
The first step in our process is the orientation session. At the project onset, it is critical that we meet and discuss
the long-term uses of the FCA, work that has been completed to date including previous assessments, and the
stewardship goals of all stakeholders. This orientation becomes an instructive lens that guides the development
of the FCA. The orientation meeting is also typically where we select assets for the pilot assessment program.
Collaboratively, we will identify one or more assets to take through the entire process to test each step and
ensure that the final deliverable meets your requirements and specifications. This allows us to jointly dial into
exactly what the City needs and expects from the FCA deliverables. The pilot is delivered in draft format with a
review period by all City stakeholders. Once the City has reviewed the pilot report and database, we will meet
again for a collaboration session. This is our shared opportunity to discuss data collection detail, prioritization,
categorization, specific recommendations of the assessment team, and other aspects of the scope of work. The
comments and directives of the City will inform the adjustments which, once accepted, will serve as the model
for all other assets.
Our team has built the following process, which augments what the City has requested:
Phase 1: FCA PLANNING (PRE-ASSESSMENT)
Prior to the on-site facility condition assessment, our team, which includes Paul Pokigo (Field Project Manager),
Mario Alcantara (Architectural Assessor), Mark Tittle (Field Project Manager/Architectural Assessor), Bradley
Halvorson (Electrical Assessor), and David Malinowski (Mechanical/Plumbing Assessor), will gather existing
facilities data from the City, including drawings and prior inspection reports, and establish access protocols and
scheduling. We will prepare a project scope summary that documents our purpose, specific scope items, and the
proposed schedule or sequence of assessments.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
142
Section C Description of Proposed Solution
City of Bozeman | 25
PHASE 2: ON-SITE FACILITY CONDITION INSPECTION (SITE SURVEY)
Our team will provide a detailed on-site condition assessment that includes both facilities and infrastructure. The
primary goal of the on-site assessment will be to identify all maintenance, repair, and replacement requirements
with recommendations for upgrades and improvements.
The onsite assessment will allow our team to properly populate the asset inventory, determine maintenance,
renewal, and replacement needs, and appropriately assign a condition prioritization and category as defined by
the City for the capital planning database and documents.
Proper identification of the FCA level of detail is critical to the City’s satisfaction and success of this project.
The industry standard for dialing into the appropriate level of detail is the Construction Specifications Institute
(CSI) UniFormat categorization hierarchy. UniFormat is a classification system ranging from a broad to a detailed
level of building assembly nomenclature. The UniFormat hierarchy catalogs and organizes the major divisions of
construction information separated by their special function. By tailoring the UniFormat level of this project to the
City’s precise needs, we can ensure that this assessment will provide the proper amount of data to inform your
decision making – no more, no less.
In response to the Scope of Work included in the City’s RFP, FOS recommends a UniFormat Level 3/5
components approach assessment. This detailed FCA approach uses a hybrid of UniFormat Levels 3 and 5, where
our team observes the individual components of systems within physical assets. This level of detail is necessary
for preventive maintenance planning tasks. Each component and system record includes recommendations for
addressing deferred maintenance deficiencies or capital renewal/replacement needs and an associated cost
estimate. These actionable assessment records are prioritized by year and may be developed into individual
project plans which may then be bundled into capital plans. This approach calculates a facility condition index
(FCI) and discipline condition index (DCI) for each asset as well as a system condition index (SCI) for each system
or component.
Using this approach, we deliver recommendations and cost estimates for asset deficiencies and renewal/
replacement needs at the individual major system and/or component level as determined by observation. Our
team will use a 10-year assessment scope window to identify future renewal needs of systems and components
nearing the end of their useful remaining life. Component cost estimates are based on individual units of measure
and quantities for each system and component record. System cost estimates may be based on building gross
square feet (BGSF) when a system is deficient, and a grouped repair factor is appropriate.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
143
Section C Description of Proposed Solution
City of Bozeman | 26
System- and component-level deficiencies, if observed, are recorded within a 10-year planning window and
cataloged as systems (UniFormat Level 3) and individual components (UniFormat Level 5) where appropriate. The
systems and components included in this level of assessment include the following items:
1. Site
Utility connections and shut offs at the building, facility entry points, paving systems, walkways, ramps, and
exterior lighting, will be assessed within a 10 foot distance of the building perimeter. Storm water drainage will be
observed and discussed as part of field interviews to understand historic problem areas associated with major
rain events. Underground main and distribution building utilities will require additional information from you to be
included as an assessed item.
2. Structural Systems and Exterior Architecture
Structural frames and building envelopes will be visually evaluated and include exposed foundations both
interior and exterior, exterior wall systems, openings including doors, windows, vents, skylights, storefronts and
curtainwalls, cladding wall and roofing systems, balconies, staircases, basements, and walkable tunnels. Crawl
spaces will be observed but not entered. Seismic evaluations are not included in this assessment.
3. Interior Architecture
Interior architectural elements and finished spaces, including lobbies, corridors, assembly areas, classrooms,
and restrooms, will be assessed. Within these spaces, the condition of floors, walls, ceilings, doors, and finishes
will be assessed and catalogued in UniFormat. Isolated cosmetic and routine maintenance items will not be the
focus of the assessment, and opinions of probable cost will not be determined for these items.
4. Mechanical Systems
Mechanical systems and equipment, including basic heat generation and distribution systems, steam service
entrance, condensate piping, pressure reducing station, meters, valves, and controls, will be identified and
assessed.
5. Air Conditioning and Ventilation Systems
Air conditioning and ventilation systems, including chillers, cooling towers, air handlers, split systems, package
units, etc., will be assessed. Chilled water service entrance, including supply and return piping, meters, and
valves, will be assessed. Building automation system controls, building management systems, and component
equipment will be observed.
6. Electrical Systems
Electrical systems and equipment distribution panels, transformers, meters, emergency generators, lighting
systems, and emergency systems will be assessed.
7. Plumbing Systems
Plumbing systems, including exposed piping, domestic hot water production equipment, and other equipment
or fixtures, will be assessed. Piping concealed within walls will be assigned the same condition rating as the
exposed, adjacent piping unless alternate information is provided during the pre-assessment phase.
8. Life Safety/Fire Protection Systems
Life safety and fire protection systems and equipment, including sprinklers and standpipes, fire alarm systems,
smoke detectors, and emergency lighting, will be assessed.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
144
Section C Description of Proposed Solution
City of Bozeman | 27
9. General ADA Compliance
A high-level tier II ADA assessment focused on access barriers, including site accessibility, access to building
products and services, restrooms, and communication features will be conducted. Only a visual identification
and documentation of items that appear to be noncompliant will be performed. The purpose of this assessment
is to identify areas of risk related to accessibility. It is not intended to be a legal compliance review or full
evaluation of Federal ADA standards. Measurements and calculations will not be performed.
10. Communication and Access Control Systems
Telecommunication systems and equipment, including data communication, voice communication, audio/visual
communication, distributed communication and monitoring, and supplementary components, will be assessed.
Access control and intrusion detection, electronic surveillance, detection and alarm, electronic monitoring,
control, and safety/security supplementary components will also be assessed.
PHASE 3: ANALYSIS OF FACILITY CONDITION ASSESSMENT INFORMATION
Our team will evaluate the data we collected from the condition assessment to determine trends, comparisons,
and potential correction strategies. We will provide an expanded evaluation to transform the raw data into
strategic information sets. Specific reports that will be provided include:
FCI = Deferred Maintenance Deficiencies (DMD) / Current Replacement Value (CRV)
Our team will utilize the life cycle analysis process to develop the above component renewal costs. We provide
strategic repair and replacement recommendations for each component. We review every major piece of
equipment and their components to ensure a complete understanding of the overall system and provide
targeted scopes of work to extend the life of the asset.
We do not simply provide ‘age-based assessments’ based on published standards. This approach often leads
to the recommendation for unnecessary replacements of systems that are in good condition, or impractical
to replace, solely on their installation date without regard to maintenance practices, installation, or field
conditions. Typically, this age-based approach swells the indicated investment requirement and fails to direct
capital to where it is truly needed. We understand that a facility’s useful life is limited by the durability of its
systems and generally does not fail as a whole but as individual components or systems. Building components
will be evaluated based on their individual life cycles, determined by an on-site evaluation of the age and
observed condition.
The renewal cost for the components will be documented and identified by renewal year as we assign priority
and category. Our team will report the life-cycle costs at the component level and building level and will
provide a grand total for the City’s entire portfolio.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
145
Section C Description of Proposed Solution
City of Bozeman | 28
DEFICIENCY PRIORITIZATION
Within our assessment data collection software, deficiencies are prioritized based on observed remaining life,
deficiency category, risk of failure, and impact of failure. These determinations are a result of professional
recommendations made by our assessment teams. Our default and industry-best practice prioritization schedule
is based on ASTM E2018-15 - Guide for Property Condition Assessments.
DEFICIENCY CATEGORIZATION
Within our assessment data collection software, deficiencies are categorized based on their current observed
condition. There is an extensive list of categories that can be customized to the needs of each client. The list of
priorities included in the City’s RFP (e.g. energy efficiency, deferred maintenance, etc.) will be implemented into
the platform to ensure proper and consistent collection.
PHASE 4: FCA REPORT & DATABASE PREPARATION
Using the data collected during the on-site facility condition assessment and analysis phase, our team will
provide a complete and comprehensive set of narrative reports as well as a Microsoft Excel database for all the
City facilities studied. The Excel database deliverable is made possible through FOScore, the digital collection
tool we developed and use to make our assessments consistent and accurate across large, diverse portfolios.
This tool affords us complete configurability over the database deliverable we will provide for the City. All aspects
of the collection and reporting tool will be configured prior to executing field assessment work to ensure that the
final deliverables to the City capture the needs and intent of this project. The condition assessment written report
and database package will contain the following components:
An Excel spreadsheet briefly summarizing each buildings’ systems and condition
We will work with City staff to ensure the deliverable integrates existing facilities
management system hierarchies and naming conventions
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
146
Section C Description of Proposed Solution
City of Bozeman | 29
An Excel list of each building’ s current deficiencies requiring repairs, including:
Rough order of magnitude estimates for repairs
Rough order of magnitude estimate for complete replacement of each building
An Excel list of each building’s systems lifespans and replacement schedules, including:
Expected remaining lifespans of major building systems
Rough order of magnitude estimates for system replacements
Digital photograph library for each building and its systems in JPG format and organized by major
discipline.
A plan and/or schedule of regular preventative maintenance needs for each building. Tasks and
frequencies will be by unit type and reflect best practices. Manufacturer research or ‘by unit’ scheduling
is possible, but not included in this proposal.
PHASE 5: PRESENTATION FINDINGS FINAL REPORT & DATABASE
We will present these FCA findings through reports, graphs, and charts in PDF format as well as in Microsoft
Excel for future use and modification by the City.
This is a fully customizable report and is provided for discussion purposes. We have the in-house data
visualization and reporting staff to tailor this report to meet the exact needs of the City. The charts and graphs
will provide a visual representation of the condition assessment data to assist City leadership in understanding
the scope and allocation categories of the funding needs. These findings will be presented at the citywide and
individual asset level.
Cost Estimating
FOS utilizes our own in-house cost estimating resources. We do not use published national cost estimating books
or databases; these costs can be overly generalized and lack sufficient insight to build projects and capital plans.
Our in-house cost estimating team performs $4 billion in cost estimates every year and has a less than a 3%
margin of error over the last ten years using Sage Timberline as their platform. Our live cost database is built
from ongoing construction work around the country, our contractor relationships, market rate and cost analysis,
multiple bid scenarios and change orders post award. Because we are designers and builders, we hold ourselves
to a higher level of accuracy.
Energy
Our base assessment will identify known items that have a potential for energy improvement to support the
city’s planning for energy efficiency improvement projects. This is a high-level approach that could lead to more
detailed studies such as ASHRAE energy audits.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
147
Section C Description of Proposed Solution
City of Bozeman | 30
Added-Value Option: ASHRAE Energy Audits
FOS’s experienced and licensed team of facilities professionals and sustainability specialists perform facility
energy audits to identify reduction opportunities and create a framework for strategic planning of related capital
improvements. We utilize energy audits developed by the American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (ASHRAE) for auditing commercial building energy use based on industry best practices.
These energy audits are industry-standard guidelines that we use to collect widely accepted and consistent data
with an adaptable scope, and we tailor each energy audit to meet individual client goals.
Added-Value Option: Equipment Asset Tagging
Purpose: As an added value component of a UniFormat Level 3/5 Hybrid facility condition assessment, our
team can create a comprehensive asset inventory with QR code/barcode/numerical code tagging. This inventory
identifies fixed capital equipment, catalogs information about that equipment, and tags each asset for field
identification and point of use access through QR code or Type 39 barcode. Information is collected and
warehoused in the FOScore® platform and may be exported to Excel or integrated or uploaded into CityWorks.
Process: We can create and deliver custom tags for application on your equipment and include any other
necessary details such as a barcode for linking to your work management system. QR Code labels can also be
customized to include client-defined data field information such as client name, unique starting number, client
logo, and be delivered on multiple materials, durability levels and adhesives to meet specific requirements. Our
standard label is an extreme performance polyester medium with high-tack permanent acrylic adhesive. Printed
using an abrasion and solvent resistant resin, our tags are suitable for demanding environments where ultraviolet
light, chemicals, abrasion, and weathering are a factor.
Asset tag number information can be transferrable via a Microsoft Excel or SQL file to any of your associated
software including work management, GIS, BIM. The FOS software development team has created a state-of-
the-art dynamic application that would allow the City to have the capability at their fingertips to retrieve facility
data by simply scanning the affixed tag on their mobile device. This allows a dynamic solution for retrieving all
data collected on a specific asset that is stored in the assessment record and helps develop a framework for
preventative and predictive maintenance planning.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
148
D
Proposed Schedule
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
149
Section D Proposed Schedule
City of Bozeman | 32
Proposed Schedule
Based on FOS’ significant experience performing FCAs, we estimate the entire length of this FCA project to be 12
weeks. This may seem aggressive at first glance, but this is the type of work that this team was designed to do
and perform on a full-time basis.
The four-member assessment team will spend one week in the field, collecting data at the system and
component level. They will each spend an additional 2-3 in the office producing recommendations and
coordinating with our cost estimators. The team will work to align our findings with our understanding of the city
work requirements and review documents and materials provided by the City and on analysis following the site
survey. Approximately three weeks will be spent on cost estimation, utilizing the data collected in the field to
determine rough order of magnitude estimates for repairs and building replacement. This will be followed by a
rigorous QA/QC process.
One asset, the pilot assessment, will be provided in full ahead of delivery of the remaining eleven assets. This will
allow the City to review the findings and to ensure that the data can be imported into CityWorks.
Generally, a team of four can field assess a single 100,000 SF asset in one day. Smaller assets present their
own challenge as a limited number of buildings can be assessed in one day. The amount of time to document
the assets varies on the level of detail that is required and varies on a client-to-client basis. Each year, our teams
assess approximately 100 million square feet of assets.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
150
E
Related Experience
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
151
Section E Related Experience
City of Bozeman | 34
REFERENCE CONTACT INFORMATION:Will Jones Public Works Deputy Director 970.350.9751 will.jones@greeleygov.com
Relevant Experience
Facility Condition Assessment
PROJECT DATES:8/2020
PROJECT SIZE:2 million sf 137 buildings
LOCATION:Greeley, CO
City of Greeley
The City of Greeley in Colorado set out to conduct
a facilities assessment across all City owned
facilities, identifying not only the current state of
physical assets, but also determine operations
and maintenance funding levels to better promote
effectiveness, efficiency, stewardship of public
resources, and adaptability to future challenges.
FOS of CannonDesign came onsite and performed
a detailed facility condition assessment (FCA),
inventorying and analyzing almost 2 million square
feet. We identified current facility condition
deficiencies, recommended corrections along with
cost estimates, and forecasted future capital renewal
cost. FOS used our FCA & Capital Planning software
platform, FOScore®, to complete the assessment. 137
building level, 5 site level, 1 portfolio level, and various
reports were delivered to assist in the proactive
management and capital planning for the municipality.
After the project closeout, we asked our partners
at the City if they found the data that was delivered
useful, if they were satisfied with the team who
performed the work, if they found value in the services
provided, and if they would recommend FOS to
another organization. We were met with a resounding
“yes” to all questions.
Scan the QR code above to catch a webinar we did
for NASFA (National Association of State Facilities
Administrators) showcasing our work with the City of
Greeley. We discuss how a combination facility condition
assessment (FCA), space need assessment, and master
planning can help vastly different organizations make
better decisions. Learn how to ask for what you need –
ultimately optimizing your physical assets!
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
152
Section E Related Experience
City of Bozeman | 35
The FOS of CannonDesign team completed a comprehensive facility condition assessment and energy study for Orange County Community Resources. 35 library sites were assessed for condition and energy conservation measures. 259 park assets including restrooms, pavilion structures, sports fields and courts, playgrounds, and pedestrian bridges were assessed. Systems assessed for all buildings in scope included exteriors, interiors, roofs, structure, electrical distribution, HVAC, plumbing, fire protection, and information technology. The project deliverables provided a short and long-term planning tool for informing capital plans for capital renewal as well as strategies for implementing more efficient systems that reduce environmental impact while saving operating costs. Orange County Community Resources has continued to benefit from FOS’ findings by utilizing our FOScore® software since 2019.
The vision of Orange County Parks states,
“As a team, we will take pride fulfilling the needs of our community
and guests by providing the best parks, trails, and recreation.”
FOS is committed to deeply understanding our clients - the culture,
mission, people, business goals, and more - so that our solutions
elevate and empower you in every way.
PROJECT DATES:2018
PROJECT SIZE:1 million sf 71 sites
LOCATION:Orange County, CA
REFERENCE CONTACT INFORMATION:Cecelia Varela Capital Improvement Planning Manager 714.973.6876 cecelia.varela@ocparks.com
Relevant ExperienceFacility Condition Assessment
Orange County Community Resources
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
153
Section E Related Experience
City of Bozeman | 36
Relevant ExperienceFacilities Assessment & Master Plan
City of Urbana
This project involved three distinct phases. The FOS
team led Phase 1 which included a facility condition
assessment. Phase 2 was led by CannonDesign’s
workplace strategy team, BlueCottage. Lastly, Phase
3 (Master Planning Recommendations) was continued
by this entire team.
The City of Urbana’s mayor, administrator, and
facilities leader are very happy with our work, and
appreciated the seamless execution that resulted in
their long term capital plans being approved by the
City Council without any reservations. The City needed
our help, they placed their trust in us, and it is our
greatest achievement to see our work directly being
applied and serving their community!
Today’s municipal facilities should be functional
environments where capital improvement plans are
ever-present. As a team of experienced assessors,
the technical skills we bring to projects help us fuel
our clients to manage effective spaces for their
people. The City of Urbana’s progressive values
include civic engagement, celebrating entrepreneurs
and innovators, smart growth, and transparent
governance. Their mission, to preserve “the quality
of life for the citizens, visitors, businesses and
government agencies,” guided our capital asset
planning and management system while shaping our
recommendations for repair and maintenance funds
as well as the master plan as a whole.
REFERENCE CONTACT INFORMATION:Vince Gustafson Deputy Director of Operations 217.384.2342 vhgustafson@urbanaillinois.us
PROJECT DATES:2020
LOCATION:Urbana, IL
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
154
Section E Related Experience
City of Bozeman | 37
Relevant Experience
Facility Condition Assessment, Capital Improvement Planning, Asset Tagging & Geo Tagging
County of San Luis Obispo
FOS set out to complete a facility condition
assessment over three years for the County of San
Luis Obispo to determine the overall condition of
the County’s asset portfolio and implement capital
planning data integration into existing SAP and
management software. This portfolio included exterior
and interior architecture, electrical, mechanical,
plumbing, communication, vertical transportation,
and park amenities. Our facilities assessment
professionals evaluated the condition of the systems
using a Uniformat® level 3 and 5, the industry-standard
for collecting system-based deferred maintenance and
capital renewal projects along with an asset inventory,
data integration, and predictive maintenance planning.
Despite travel restrictions put into place due to the
ongoing global pandemic, our team has been able to
seamlessly work in partnership with the County to
complete the assessment of over 1.4 million square
feet. We are also geo locating amenities at the County-
owned parks to provide GPS coordinates for the
various amenities.
To assist in accomplishing this project, we are
conducting asset tagging utilizing our FOScore® FCA
software. The County has subscribed to FOScore® for
the next 5 years.
“This is a very detailed assessment of County
facilities, and the client has been impressed with our
ability to customize the data we collect to fit their
needs.”
- Randy Heim, FOS Senior Project Manager
REFERENCE CONTACT INFORMATION:Shelby Hopkins Program Manager 808.788.2315 shopkins@co.slo.ca.us
PROJECT DATES:March 2021 - Present
PROJECT SIZE:1.4 million sf
LOCATION:California
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
155
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
156
F
Recent & Current Work for the City of Bozeman
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
157
Section F Recent & Current Work for the City of Bozeman
City of Bozeman | 40
Recent & Current Work for the City of Bozeman
FOS of CannonDesign has no active or past contracts with the City of Bozeman.
Our business model, as a facility condition assessment provider, is to provide FCA data and populate CMMS systems to empower our clients with the information and tools to make strategic and financially prudent decisions.
FOS of CannonDesign helps clients define budgets and build scopes of work for projects. We provide the information and tools for our clients to make strategic decisions and then partner with trusted local partners to execute the work. We do not pursue the work that comes out of these studies because we recognize the value to our clients of having an independent third party review. We will not pursue any deferred maintenance deficiency correction work resulting from this study.
Additionally, please note that Cannon Design has reviewed your Request for Proposals. Should we be selected for this project, we look forward to discussing certain contractual terms for the mutual benefit and protection of the City and FOS. By making such terms mutually beneficial, the project may realize certain process efficiencies, while also ensuring the insurability of the final agreement. Thank you for your consideration in this important matter and we look forward to the opportunity to work with you.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
158
G
References
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
159
Section G References
City of Bozeman | 42
References
City of Greeley Public Works Deputy Director
Will Jones
970.350.9751
will.jones@greelygov.com
City of Urbana Deputy Director of Operations
Vince Gustafson
217.384.2380
vhgustafson@urbanaillinois.us
County of San Luis Obispo Program Manager
Shelby Hopkins
808.788.2315
shopkins@co.slo.ca.us
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
160
H
Cost Proposal
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
161
Section H Cost Proposal
City of Bozeman | 44
Cost Proposal
We believe that the tasks identified in the following table meet the deliverables as outlined by the City of
Bozeman.
An excel workbook that:
A. Summarizes each buildings systems and condition using City hierarchies and nomenclature
B. Includes prioritized deficiencies, ROM repair costs, and current replacement values (CRV)
C. Catalog of each systems anticipated observed remaining life, replacement schedules, and costs
Additionally we will provide:
D. A photo record for each asset organized by major discipline.
E. An excel workbook with preventative maintained tasks and steps formatted for upload into CityWorks
F. One free year of software use
1 Provide a Uniformat Level 3 and 5 facility condition assessment with
correction cost estimates. Format excel deliverables formatted for import
into CityWorks for the 12 priority assets.
$119,385
2 Provide preventative maintenance planning for up to 500 pieces of
equipment. Frequencies and steps will be best practices and will be
equipment type based. No manufacturer research or unit based PM’s will
be provided. Additional equipment can be added at a cost of $175 per piece
of equipment.
$78,750
3 Added value: Provide asset tags for up to 500 pieces of equipment. Tags
will have bar code, QR code and unique numerical code to identify each
item in CityWorks.
$41,055
This is based on our understanding of the scope from the RFP and answers to questions. We welcome
the opportunity to review our assumptions and tailor the final product to the specific needs and goals of
the City of Bozeman. Simply put, our fees are negotiable.
Notes:
1. All deliverables will be provided in PDF and Excel format
2. No requests for reimbursable expenses will be requested. Fees are inclusive of all costs.
Clarifications:
No review of food service equipment or furniture is included. Destructive testing, sample analysis,
hazardous material, thermal imaging, arc flash testing, life safety analysis, legal compliance level of
detail ADA accessibility, or above ceiling survey is not included in the above proposal. Additionally, our
field engineers will not climb portable ladders, walk sloped roofs, or enter entry permit required confined
spaces. No review of parking structures, underground site utilities, underground civil infrastructure, or
landscaping is included.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
162
I
Affirmation of Nondiscrimination
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
163
Section I Affirmation of Nondiscrimination
City of Bozeman | 46
Appendix A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
FOS of CannonDesign hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age,
marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability
and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as
described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’ s
employees and to all subcontracts.
In addition, FOS of CannonDesign hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “ best practices” website, or equivalent “ best practices publication and has read the material.
Founder & President-
FOS of CannonDesign
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
164
Chat with our team!
Joe Cassata, RA, NCARB
President, FOS of CannonDesign
716.316.5664
jcassata@foscd.com
www.foscd.com
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
165
4.19.22
An excel workbook that:
A. Summarizes each buildings systems and condition using City hierarchies and nomenclature
B. Includes prioritized deficiencies, ROM repair costs, and current replacement values (CRV)
C. Catalog of each systems anticipated observed remaining life, replacement schedules, and costs
Additionally we will provide:
D. A photo record for each asset organized by major discipline.
E. An excel workbook with preventative maintained tasks and steps formatted for upload into CityWorks
1
Provide a Uniformat Level 3 and 5 facility condition assessment with correction
cost estimates. Format excel deliverables formatted for import into CityWorks
for 14 initial assets.151,305$
2
Provide asset tags for up to 300 pieces of equipment. Tags will have bar code,
QR code and unique numerical code to identify each item in CityWorks.
Additional tags can be provided at a cost of $100 per piece of equipment. Data
will be collected to support future preventative maintenance planning tasks.
25,806$
177,111$
Notes:
1. All deliverables will be provided in PDF and Excel format
2. No requests for reimbursable expenses will be requested. Fees are inclusive of all costs.
3 Provide 3-year subscription to FOScore® software (year one is a free trial)$30,000
4 Provide 5-year subscription to FOScore® software (year one is a free trial)$45,000
5
Provide preventative maintenance planning for up to 300 pieces of equipment.
Frequencies and steps will be best practices and will be equipment type based.
No manufacturer research or unit based PM's will be provided. Additional
equipment can be added at a cost of $175 per piece of equipment.49,500$
6
Provide a Uniformat Level 3 and 5 facility condition assessment with correction
cost estimates. Format excel deliverables formatted for import into CityWorks
for the remaining 140 assets.
negotiated sum
7 Provide Job Order Contracting (JOC) rapid construction procurement software
and support.negotiated sum
FEE MENU
Clarifications:
No review of food service equipment or furniture is included. Destructive testing, sample analysis,
hazardous material, thermal imaging, arc flash testing, life safety analysis, legal compliance level of
detail ADA accessibility, or above ceiling survey is not included in the above proposal. Additionally, our
field engineers will not climb portable ladders, walk sloped roofs, or enter entry permit required confined
spaces. No review of parking structures, underground site utilities, underground civil infrastructure, or
landscaping is included.
Future Phases:
We believe that the tasks identified in the following table meet the deliverables as outlined by the City of
Bozeman.
* Items 3 and 4 related to FOScore® software subscription options are not part of this contract and will fall
under the repective EULA and order form.
DocuSign Envelope ID: 2428AB01-92C4-4D9B-85B7-AE8158411D52
166
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Resolution 5489, Authorizing the City Manager to Sign Change Order
Number 3 with CK May, Belgrade, MT for the Griffin Drive and Manley Road
Street and Stormwater Improvements Project
MEETING DATE:April 25, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approval of Resolution 5489 Authorizing the City Manager to Sign Change
Order 3 with CK May, Belgrade, MT for the Griffin Drive and Manley Road
Street and Stormwater Improvements Project.
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:Conflicts with powerlines necessitated changes to the design of the street
lighting for the Griffin Drive and Manley Road Street and Stormwater
Improvement project. The coordination and redesign process delayed the
installation of the street lighting from summer 2022 to spring 2023. The
redesign requires additional quantities and the delay has necessitated
adjustments to bid costs. Staff has reviewed the change order request and
feels that the cost increases are justified. Staff recommends that the
Commission approve Change Order 3.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:Change Order 3 adds $280,020.18 to the contract cost of the Griffin Drive
and Manley Road Street and Stormwater Improvements Project. Those
additional costs are available in the existing budget for project SIF110
Manley & Griffin Construction.
Attachments:
Resolution 5489_Change Order 3 with CK May fro Griffin
Drive.pdf
ChangeOrder3_with CK May for Griffin Drive and Manley
167
Road.pdf
Report compiled on: March 30, 2023
168
Version February 2023
RESOLUTION 5489
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH CK MAY EXCAVATING, INC,
BELGRADE, MONTANA.
WHEREAS, the City Commission did, on the 4th day of April 2021, authorize award of the
bid for the Griffin Drive and Manley Road Street and Stormwater Improvements Project, to CK
May Excavating, Inc. of Belgrade, Montana; and
WHEREAS, it has become necessary in the prosecution of the work to make alterations or
modifications to the specifications and/or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit: that the proposed modifications and/or alterations to the contract between
the City of Bozeman, a municipal corporation, and CK May Excavating, as contained in Change
Order No. 3, attached hereto, be and the same are hereby approved; and the City Manager is
hereby authorized and directed to execute the contract change order for and on behalf of the
City; and the City Clerk is authorized and directed to attest such signature.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 25th day of April, 2023.
169
Version February 2023
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
170
4/14/23171
172
Memorandum
REPORT TO:City Commission
FROM:Alex Nordquest, Forestry Division Manager
Mitch Overton, Director of Parks, Recreation, Cemetery, and Forestry
SUBJECT:Mayoral Proclamation Proclaiming Arbor Day
MEETING DATE:April 25, 2023
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Proclaim April 28, 2023 as Arbor Day in Bozeman, Montana. Urge all citizens
to celebrate Arbor Day and to support efforts to protect our trees and
woodlands, and further, urge all citizens to plant trees to gladden the heart
and promote the well-being of this and future generations.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:A proclamation to celebrate Arbor Day is one requirement for Tree City USA
designation through the Arbor Day Foundation. The Tree City Designation
also states minimum requirements for items such as; minimum number of
trees to be planted and maintained per capita, as well as funds spent per
year on the city urban forest per capita. Meeting these requirements
ensures that we continue to invest in our urban forest. 2023 marks
Bozeman's 29th year as a Tree City USA community.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by City Commission.
FISCAL EFFECTS:None.
Attachments:
Bozeman Arbor Day Proclamation.docx
Report compiled on: January 30, 2023
173
Proclamation Regarding Arbor Day
Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day
be set aside for the planting of trees; and
Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and
Whereas, Arbor Day is now observed throughout the nation and the world; and
Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, clean the air, produce life-giving oxygen, provide habitat for wildlife, and provide cooling spaces,further mitigating the impacts of climate change; and
Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires,and
countless other wood products; and
Whereas, protecting existing trees, increasing the number of trees, and planning for tree replacement are
all essential practices to ensure a healthy and resilient urban forest; and
Whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and
Whereas, wherever they are planted, trees are a source of joy and spiritual renewal.
Now, therefore, I, Cynthia L. Andrus, the Mayor of Bozeman, do hereby proclaim that the City of
Bozeman will continue to invest,maintain,and expand the urban forest in our community to increase the
number of trees in urban areas; and
I further proclaim Friday, April 28, 2023,as Arbor Day, and I urge all citizens to celebrate Arbor Day and support efforts to protect our trees and woodlands.
Signed and Proclaimed this 25th day of April 2023.
_________________________________
Cynthia L. Andrus
Mayor, Bozeman, Montana
174
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Strategic Services Director
SUBJECT:Triannual Climate Plan Report
MEETING DATE:April 25, 2023
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Sustainability Program Manager, Natalie Meyer, will present an update on
the 2020 Bozeman Climate Plan.
STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas
(GHG) emissions, increase the supply of clean and renewable energy; foster
related businesses.
BACKGROUND:On December 22, 2020, the City Commission approved Resolution 5248
adopting the Bozeman Climate Plan. The Climate Plan identifies community
goals and actions to reduce greenhouse gas emissions and prepare for the
impacts of climate change.
Sustainability Program Manager, Natalie Meyer, will present work
accomplished since the last Triannual Report presented on December 6,
2022, to include updates on the following items:
Greenhouse Gas Emission Inventory
Utility Renewable Rate Option
Legislative Agenda
Electrification Campaign
Planned Development Zones
Unified Development Code
Cleanup Week / Earth Day
Sustainability Citizen Advisory Board
Triannual Climate Plan Reports are planned every four months on a
triannual basis to provide both the City Commission and the community with
regular progress updates. A community dashboard is also available
providing a condensed view of current progress, updated twice yearly.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
175
FISCAL EFFECTS:None.
Report compiled on: April 13, 2023
176
Memorandum
REPORT TO:City Commission
FROM:Elizabeth Cramblet, Associate Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Annexation Application 22383 Requesting Annexation of Approximately
20.515 Acres and Adjacent Right of Way for Fowler Lane and Amendment to
the City Zoning Map for the Establishment of a Zoning Designation of R-4
(Residential High Density District), Located South of the Intersection of
Stucky Road and Fowler Lane, Application 22383
MEETING DATE:April 25, 2023
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:City Commission Recommended Annexation Motion:
Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 22383 and move to approve the
4840 Fowler Lane Annexation subject to the terms of annexation and direct
staff to prepare an annexation agreement.
City Commission Recommended Zoning Motion:
Having reviewed and considered the staff report, application materials,
public comment, recommendation of the Zoning Commission, and all
information presented, I hereby adopt the findings presented in the staff
report for application 22383 and move to approve the 4840 Fowler Lane
Zone Map Amendment with contingencies of approval necessary to
complete adoption of an implementing ordinance.
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 owner seek to annex one parcel totaling
approximately 20.515 acres into the City limits and establish initial zoning of
R-4, Residential High Density district. The property is currently zoned
"Agriculture Suburban" (AS) within the county. The same AS County zoning is
also to the north, south and west. Nearby municipal zoning to the east and
southeast is R-4, Residential High Density, R-5, Residential Mixed Use High
Density, and R-3, Residential Medium Density district. The Future Land Use
177
Map in the Bozeman Community Plan (BCP) 2020 designates the property as
"Urban Neighborhood" which includes the R-4 district as an implementing
zoning district. The property is bordered by Fowler Lane to the west (a
Bozeman classified minor arterial street), and Stucky Road to the north, (a
Bozeman classified collector). The proposed annexation would bring in
additional right of way to build out on Fowler Lane to the City's collector
standard adjacent to the subject property as would be required with future
development. There is an existing single household dwelling with associated
outbuildings on the parcel.
UNRESOLVED ISSUES:There are no identified conflicts on this application at this time.
ALTERNATIVES:1. Approve the application;
2. Recommend modifications to the requested zoning;
3. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or
to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment.
Attachments:
22383 4840 Fowler Ln Annx-ZMA CC SR.pdf
Report compiled on: April 19, 2023
178
Page 1 of 35
22383 Staff Report for the 4840 Fowler Lane Annexation and ZMA
Public Hearing Dates: Zoning Commission – April 3, 2023
City Commission - April 25, 2023
Project Description: Annexation application 22383 requesting annexation of approximately
20.515 acres and adjacent right of way for Fowler Lane and amendment to the City
Zoning Map for the establishment of a zoning designation of R-4 (Residential High
Density District).
Project Location: South of the intersection of Stucky Road and Fowler Lane and legally
described as a tract of land being Tract 2 of COS 1996 located in the Northwest One-
Quarter of Section 23, Township 2 South, Range 5 East, Principal Meridian, Gallatin
County, Montana.
Recommendation: Meets standards for approval with terms of annexation and
contingencies.
Zoning Commission Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 22383 and move to recommend approval
of the 4840 Fowler Lane Zone Map Amendment, with contingencies required to
complete the application processing.
Recommended City Commission Annexation Motion: Having reviewed and considered
the staff report, application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for application
22383 and move to approve the 4840 Fowler Lane Annexation subject to the terms of
annexation and direct staff to prepare an annexation agreement.
Recommended City Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 22383 and move to approve the 4840 Fowler Lane
Zone Map Amendment with contingencies of approval necessary to complete
adoption of an implementing ordinance.
Report: April 19, 2023
Staff Contact: Elizabeth Cramblet, Associate Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action - Legislative
179
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 2 of 35
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report addresses both the zoning amendment for Zoning Commission as well as
the annexation and the zoning amendment for the City Commission. Application materials
available at 4840 Fowler Lane Application 22383 (External Link).
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The applicant and property owner seek to annex one parcel totaling approximately 20.515
acres into the City limits and establish initial zoning of R-4, Residential High Density
district. The property is currently zoned “Agriculture Suburban” (AS) within the county. The
same AS County zoning is also to the north, south and west.
Nearby municipal zoning to the east and southeast is R-4, Residential High Density, R-5,
Residential Mixed Use High Density, and R-3, Residential Medium Density district. The
Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property
as “Urban Neighborhood” which includes the R-4 district as an implementing zoning district.
The property is bordered by Fowler Lane to the west (a Bozeman classified minor arterial
street), and Stucky Road to the north, (a Bozeman classified collector). The proposed
annexation would bring in additional right of way to build out Fowler Lane to the City’s
collector standard adjacent to the subject property as would be required with future
development.
There is currently an existing single household dwelling with associated outbuildings and a
septic system on the parcel. The property is surrounded to the north and west with rural
residential/agricultural uses, and agricultural land directly south and east of the parcel.
Southeast of the site has active construction of existing and future residential uses at the Gran
Cielo subdivision.
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or
mitigate possible negative impacts are incorporated in many locations in the municipal code
but are principally in Chapter 38, Unified Development Code. References in the text of this
report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on April 3, 2023 and voted 5:2 to recommend denial of the requested R-4
180
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 3 of 35
zoning to the City Commission. In general the five members recommending denial of the
zoning request were not in favor of establishing an R-4, Residential High Density, district at
this location. Several suggested a more flexible mixed use zone district like REMU was more
appropriate for the site while others felt a lower density district might be more appropriate.
Below is a video link to the April 3rd Community Development Board meeting. The item
begins about 7 minutes into the meeting.
Video Link for CDB meeting (External Link)
Alternatives
1. Approve the application;
2. Recommend modifications to the requested zoning;
3. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
181
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 4 of 35
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES: ................................................................................................... 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 9
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 12
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 12
Annexation ........................................................................................................................ 12
Zone Map Amendment ..................................................................................................... 12
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 13
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 21
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 28
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 28
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 29
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 31
APPENDIX D – ADVISORY COMMENTS......................................................................... 31
FISCAL EFFECTS ................................................................................................................. 33
ATTACHMENTS ................................................................................................................... 33
182
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 5 of 35
SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
Stucky Road Fowler Lane Subject
Property
183
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 6 of 35
Map 2: BCP 2020 Future Land Use Map
Subject
Property
Urban Neighborhood
Community
Commercial
Mixed Use
Residential
Mixed Use
Public Institutions
184
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 7 of 35
Map 3: Existing City Zoning
Subject
Property
185
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 8 of 35
Map 4: Existing County Zoning (grey is city area)
Subject Property
Agriculture Suburban
City Zoning
Res. Office
186
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 9 of 35
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified as
the 4840 Fowler Lane Annexation.
2. An Annexation Map, titled 4840 Fowler Lane Annexation Map with a legal description
of the property and including any adjoining un-annexed rights-of-way and/or street
access easements for Fowler Lane must be submitted by the applicant for use with the
Annexation Agreement. The map must be supplied as a PDF for filing with the
Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City
Engineer’s Office. This map must be acceptable to the Director of Public Works and City
Engineers Office, and must be submitted with the signed Annexation Agreement.
3. The applicant must execute all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the distribution of the annexation agreement
from the City to the applicant or annexation approval shall be null and void.
4. The Annexation Agreement must include the following notices:
a. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for preparing a storm water master plan in
conjunction with future development. The storm water master plan shall address
maintenance and operations until and unless the City affirmatively assumes
responsibility for maintenance and operations of stormwater facilities within the
area of the annexation.
b. The Annexation Agreement must include notice the City will, upon annexation,
make available to the Property existing City services only to the extent currently
available, or as provided in the Agreement.
c. The Annexation Agreement must include notice that, prior to future final
development approval, the applicant will be responsible for transfer of water
rights or a payment in lieu as required by the Bozeman Municipal Code.
d. The Annexation Agreement must include notice that there is no right, either
granted or implied, for Landowner to further develop any of the Property until it
is verified by the City that the necessary municipal services are available to the
property.
e. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the properties in accordance with the City of Bozeman's
infrastructure master plans and all City policies that may be in effect at the time of
development.
187
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 10 of
35
f. The Annexation Agreement must include notice that utility easements may be
required to be provided by the landowner at the time of development to ensure
necessary municipal services are available to the property.
g. The Annexation Agreement must include notice that charges and assessments
may be required after completion of annexation to ensure necessary municipal
services are available to the property.
h. The Annexation Agreement must include notice that the City will assess system
development and impact fees in accordance with Montana law and Chapter 2,
Article 6, Division 9, Bozeman Municipal Code.
5. All procedural terms necessary to establish the Annexation Agreement in conformance
with state law and municipal practice will be included with the final Annexation
Agreement.
6. The applicant must properly abandon the existing on-site septic tank and leach field prior
to connection to the City sanitary sewer system. The applicant must report the
abandonment to the City Water and Sewer Superintendent for inspection, and the
applicant must report the abandonment to the Gallatin County Health Department. In
addition to abandonment of the septic tank and leach field, the applicant must
demonstrate that the sanitary sewer service to the septic tank has been completely
disconnected from the old septic system prior to connection to the City sanitary sewer
system.
7. The applicant must completely disconnect the on-site well from the house prior to
connection to the City water system to protect the City’s system from cross
contamination. The applicant must contact the City Water and Sewer Superintendent to
inspect the disconnection prior to connection of water service from future development to
the City water system.
8. If they do not already exist the applicant must provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of Special Improvement
Districts (SIDs) for the following as part of the Annexation Agreement:
a. Street improvements to S. 27th Avenue between Stucky Road and Blackwood
Road including lighting, signalization, paving, storm/gutter, sidewalk, and storm
drainage,
b. Street improvements to Stucky Road between Fowler Lane and South 19th
Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage,
c. Street improvements to West Graf Street between Fowler Lane to South 19th
Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage,
d. Street improvements to Fowler Lane between Blackwood Road and Stucky Road
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
188
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 11 of
35
e. Intersection improvements at South 27th Avenue and West Graf Street including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
f. Intersection improvements at Fowler Lane and West Graf Street including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage,
g. Intersection improvements at West Graf Street and South 19th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage,
h. Intersection improvements at Stucky Road and South 19th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage,
i. Intersection improvements to Fowler Lane and Stucky Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage,
j. Intersection improvements to Fowler Lane and Blackwood Road including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of the improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a copy of the SID waiver prior to the adoption of Resolution of Annexation.
9. Fowler Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan
(TMP), which has a minimum right-of-way ROW width of (100) feet. The applicant must
provide their respective Fowler Lane ROW (50 feet) from the centerline of the existing
ROW as a public street and utility easement where Fowler is adjacent to the property
prior to the adoption of Resolution of Annexation.
10. No water rights or a cash-in-lieu of water rights will be required with this annexation.
Upon future development, compliance with the water adequacy is required.
11. The land owners and their successors must pay all fire, street, water, and sewer impact
fees at the time of connection; and for future development, as required by Chapter 2.
Bozeman Municipal Code, or as amended at the time of application for any permit listed
herein.
189
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 12 of
35
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. The applicant must submit a zone amendment map, titled 4840 Fowler Lane Zone
Map Amendment, acceptable to the Director of Public Works, as a PDF which will be
utilized in the preparation of the Ordinance to officially amend the City of Bozeman
Zoning Map. Said map shall contain a metes and bounds legal description of the
perimeter of the subject property including adjacent rights-of-way for Fowler Lane,
and total acreage of the property.
2. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed
Montana surveyor.
3. That all documents and exhibits necessary to establish the amended municipal zoning
designation of R-4 (Residential High Density) shall be identified as the 4840 Fowler
Lane Zone Map Amendment.
4. All required materials shall be provided to the Department of Community
Development within 60 days of a favorable action of the City Commission or any
approval shall be null and void.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) recommends approval of the requested annexation.
The City Commission will hold a public meeting on the annexation on April 25, 2023. The
meeting will begin at 6 p.m. Instructions on joining the meeting will be included on the
meeting agenda.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an
annexation request. Staff’s recommendation and staff responses are predicated on
approval of the annexation, application 22383.
190
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 13 of
35
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on this ZMA on April 3, 2023. A brief summary of their recommendation is
on page two of this staff report.
The City Commission will hold a public hearing on the zone map amendment on April 25,
2023. The meeting will begin at 6 p.m. Instructions on joining the meeting will be included
on the meeting agenda.
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
Criterion Met. The property in question is contiguous to the City limits on the east over 650
lineal feet.
Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Neutral. The subject property is not surrounded in its entirety. This is a goal which
encourages a specific outcome. It does not limit other annexations.
Goal 3: The City encourages all properties currently contracting with the City for City
services such as water, sanitary sewer, and/or fire protection to annex.
Neutral. The subject property is currently occupied. It is not currently contracting with the
City for water, sewer or fire protection services. Future development will be required to
connect with City services.
Goal 4: The City of Bozeman requires annexation of all land proposed for development
lying within the existing and planned service area of the municipal water and sewer
systems as depicted in their respective facility plans, any land proposed for
development that proposes to utilize municipal water or sewer systems.
Criterion Met. The subject property lies within the planned service area of the municipal
water and sewer services. Future proposed developments will be required to utilize municipal
water or sewer systems as discussed in Recommended Terms of Annexation #4 above. The
191
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 14 of
35
location of existing sewer and water services is shown on the two maps below. Existing
sewer lines are located at Gran Cielo subdivision about 150 feet from the southeast corner of
the subject site and main water lines are stubbed at the corner. Both services are planned for
future expansion as shown in the City’s adopted water and sewer master plans, available
through the City’s website that will include the 4840 Fowler Ave property.
Map of wastewater collection system (dark green) within the city
192
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 15 of
35
Map of water distribution system (blue) within the city
Goal 5: The City encourages annexations within the urban area identified on the future
land use map in the current Bozeman Growth Policy.
Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban
Neighborhood’ and is within the urban area of the growth policy. The property is located
over two miles inside the outer edge of the urban area. See the discussion under Criterion A
of Section 6 of the report for more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
Criterion Met. The proposed annexation is physically contiguous to the City on the east and
will create a peninsula to the west. However, one property to the south (Homestead Buffalo
Run) has recently acquired site plan approval to develop and the parcel adjacent to Buffalo
Run has an application to annex (Gran Cielo II) in active review. More of the Section has
been annexed than has not. Combined with these two applications, this annexation will not
create an annexation island.
Goal 7: The City of Bozeman encourages annexations which will enhance the existing
traffic circulation system or provide for circulation systems that do not exist at the
present time.
Criterion Met. The subject property will provide additional right of way for Fowler Lane to
the west which is designated by the City as a minor arterial. Easements or future easements
for Fowler Lane are required by the terms of annexation (see Terms of Annexation 9 above).
193
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 16 of
35
Although the improvements will not happen at the time of annexation, future development
will be required to install these improvements as their frontage requirements. Upon future
development, Fowler Lane will need to be constructed to the City’s adopted standards
adjacent to the subject property. Any future road design will be coordinated between the City
and the County Road Office. Future development within the annexing area will create a local
street network to provide local services and will also provide connections back to the existing
street network to the east through Bennet Boulevard.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size,
but will allow annexation of smaller parcels if factors such as topographic limitations,
sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a
smaller annexation.
Criterion Met. The subject property is approximately 20 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of the
property with annexation.
Criterion Met. After annexation, the subject property will be bound to the provisions of
38.410.130 (External Link) which requires evaluation of water adequacy and provision of
water if needed at time of development. The municipal code section requires water rights or
an equivalent to be provided. Exact timing and amounts will be evaluated during
development review. There are several methods to address the requirements of 38.410.130.
The annexation agreement will provide notice of this requirement, see Recommended Terms
of Annexation #10. The landowner will consent to this requirement by signature on the
annexation agreement.
The range of development intensity allowed within municipal zoning is broad. Due to the
wide range of possible outcomes, deferring acquisition of water rights until time of
development helps ensure an accurate amount of water rights are obtained to provide service
to the site.
Goal 10: The City of Bozeman encourages annexations for City provision of clean
treated water and sanitary sewer.
Criterion Met. The subject property is located within the City’s planned water and sewer
service area. See Goal 4 above. Any future development will be required to connect to the
City systems.
Per Term of Annexation 4, the Annexation Agreement required to finalize the annexation
requires the applicant to design extensions of services to meet the City’s adopted
infrastructure standards. These include provisions for minimum water pressure and volumes,
adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to
protect public health and safety and ensure functional utilities.
194
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 17 of
35
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or
storm or sewer mains, and Class I public trails not within the right of way for arterial
or collector streets. Annexations must also include waivers of right to protest the
creation of special or improvement districts necessary to provide the essential services
for future development of the City.
Criterion Met. As discussed in Section 5, Goal 7, additional right of way is being included
for Fowler Lane. The Recommended Terms of Annexation include requirements for this
right of way provision. See Terms of Annexation 9. Waivers of right to protest the creation of
special or improvement districts is listed in Terms of Annexation 8.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior to
or in conjunction with the application for annexation.
Criterion Met. The subject property is planned for Urban Neighborhood. No change to the
growth policy is required. The application includes a request for initial zoning of R-4. See the
zone map amendment section of this report for analysis of the zone map amendment criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
Criterion Met. The property is designated “Urban Neighborhood” on the future land use map.
No growth policy amendment is required. See discussion under zone map amendment
Criterion A.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The City Zoning Commission reviewed the requested zoning district designation on April 3,
2023. The Community Development Board’s recommendation, acting in their capacity as the
Zoning Commission, will be passed along to the City Commission for review and
consideration along with the annexation request on April 25, 2023.
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Criterion Met. The applicant has requested a zoning designation of R-4, Residential High
Density district. See Section 6 of this report for analysis of the requested zoning.
195
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 18 of
35
Policy 6: Fees for annexation processing will be established by the City Commission.
Criterion Met. The appropriate application processing and review fees accompanied the
application.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Criterion Met. The subject property is accessed on the west by Fowler Lane which is a minor
arterial street. It is currently not paved, however, upon future development, Fowler Lane will
need to be constructed to the City’s standards adjacent to the subject property. No access for
future residents is allowed until completion of the road improvements per Division 38.400 of
the municipal code and Term of Annexation 4.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water
rights thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.410.130 of the municipal code. The calculated amount will be determined by the
Director of Public Works and based on the zoning designation approved by the City
Commission. Term of annexation 10 requires notice of this requirement to be part of the
annexation agreement. Satisfaction of this requirement will occur with future development.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Criterion Met. The area proposed for annexation is adjacent to the City. City infrastructure
and emergency services can be extended to the subject property. The property is located
adjacent to existing service areas of the Hyalite Fire District. The property is located near the
City’s water and sewer service areas. Expansion of municipal utility and park facilities to
serve the development will occur during the development process. As noted above, the
annexation agreement will require future development to meet municipal standards.
Present emergency services are provided by Hyalite Fire District and the Gallatin County
Sherriff. No comments on the annexation have been received.
196
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 19 of
35
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
Criterion Met. Currently there is an existing single household dwelling without-buildings
serviced by an existing septic system. City services are not currently being provided to this
property. Future development will be required to hook up to City services and the owner will
need to abandon the existing septic and well (see Terms of Annexation 4, 6 and 7). This
annexation is not a result of an emergency condition requiring connection.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Criterion Met. Mapping to meet the requirements of the Director of Transportation and
Engineering must be provided with the Annexation Agreement. Mapping requirements are
addressed in Recommended Term of Annexation 2. The map must include adjacent right of
way and therefore cannot be described solely by reference to platted lands.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Neutral. The annexation does not require immediate payment of fees. The annexation
agreement will provide notice of obligations to pay impact fees at times of triggers as
required in ordinance. See Term of Annexation 4.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle
twice, and posted on the site as required. See Appendix A for more details.
197
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 20 of
35
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Criterion Met. This policy will be implemented only if the Commission acts to grant
approval. If the application is denied then no annexation agreement will be necessary.
Policy 15: When possible, the use of Part 46 annexations is preferred.
Criterion Met. This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
Neutral. No road improvement district is associated with this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
Criterion Met. The necessary agencies were notified and provided copies of the annexation
and zoning application information.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Criterion Met. Terms of annexation 6 and 7 requires full compliance with this policy. There
is an existing home onsite. If approved and prior to any new development, all septic systems
and water use for human consumption will be severed and abandoned. All future
development will be required to connect to city services.
198
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 21 of
35
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigate negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code. The Bozeman Community Plan 2020 (BCP2020), pages 73-78, describe
how the City applies these criteria.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion Met. The Bozeman Community Plan (BCP) 2020 (External Link), Chapter 5, p. 73,
in the section titled Review Criteria for Zoning Amendments and Their Application, discusses
how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria
varies depending on whether an amendment is for the zoning map or for the text of Chapter
38, BMC. The first criterion for a zoning amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future
land use map. The introduction Chapter 3 discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
199
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 22 of
35
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the anticipated growth area of the City. As shown on the
maps in Section 1, on the excerpt of the current future land use map, the property is designated
as Urban Neighborhood. The Urban Neighborhood designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
restricted to, proximity to commercial mixed use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table excerpt, the R-4 district is an implementing district of the
Urban Neighborhood category.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been
identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
200
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 23 of
35
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of
when the City may initiate a zoning change to a more intensive district to increase
development opportunities. This section demonstrates that the City, as a matter of policy, is
supportive of more intensive zoning districts and development. It is inconsistent with this
approach to zone at annexation for lower intensities than what infrastructure and planning
documents will support. This policy approach does not specify any individual district but
does lean towards the more intensive portion of the zoning district spectrum.
N-1.1 Promote housing diversity, including missing middle housing.
N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing.
Goal N-3: Promote a diverse supply of quality housing units.
The requested R-4 district supports all three of the above as it authorizes a wide range of
housing types, lot sizes, and services to create a mix of housing.
Goal DCD-1: Support urban development within the City.
The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the
City Commission declines the annexation then the requested R-4 zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
DCD-2.2 Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support businesses.”
The 2017 Transportation Master Plan has Fowler Avenue listed as a Minor Arterial street.
It runs south of Durston Road where it dead ends before reaching Babcock. Then starts again
from Babcock to Huffine Lane. In the Capital Improvement Plan (CIP) Project Report for
Fiscal Years 2022-2026, one of the larger projects that will expand capacity to the road
network in FY23, FY24 and FY26 is an expansion of Fowler Avenue from Oak to Huffine
Lane. An additional CIP project added to Fiscal Year 2028 is to improve Stucky Road from
19th Street to Fowler Lane which currently runs from Stucky Road to Hyalite. Stucky Road
will become a City Standard street with curb, gutter, sidewalks and pathways and Fowler
Lane will eventually be constructed to a city standard street as well with new development.
Fowler Avenue, when completed, will be a straight connection through Bozeman from
Valley Center Road to Hyalite Canyon. This will connect major recreation, commercial,
housing, and medical areas. Fowler Avenue will be a main corridor.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans.
201
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 24 of
35
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
Gallatin County has been notified of the proposed annexation. The County’s land use
plan for the area calls for higher intensity residential development. The Triangle Community
Plan created by both Gallatin County and the City of Bozeman supports annexation of
properties proposed for development within water and sewer service areas, see Section 4.8.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The property in question is contiguous to the City limits on the east on over 650 lineal
feet. It adds approximately 20 acres to the City limits that is available for urban development.
The area is adjacent to areas served with water and sewer and extensions to service this site
are in the water and sewer facility plans.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
Refer to previous response (RC – 3.3 response)
B. Secure safety from fire and other dangers.
Criterion Met. The existing buildings are constructed of unknown quality, fire, and safety
measures. Any removal and replacement must meet the development standards of the City.
Fire protection water supply will be provided by the City of Bozeman water system. The
property is not within any delineated floodplain nor does it have other known natural
hazards. Upon annexation the subject property will be provided with City emergency
services including police, fire and ambulance. Future development of the property will be
required to conform to all City of Bozeman public safety, building and land use
requirements. Prior to development proposals, the applicant will go through a subdivision
review process to identify infrastructure needs and The City provides emergency services to
nearby properties to the south and east. No obstacles have been identified in extending
service to this parcel.
C. Promote public health, public safety, and general welfare.
Criterion Met. The proposed zoning designation will promote general welfare by
implementing the future land use map and identified policies in the BCP 2020. Public health
and safety will be positively affected by requiring new development to connect to municipal
sanitary sewer and water systems, which will prevent groundwater pollution and depletion by
wells and septic systems.
Prior to any development of raw land, infrastructure needs are evaluated through the
subdivision review process. Development proposals then go through extensive review to
202
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 25 of
35
ensure compliance with the City’s zoning and building codes when submitting for planning
and building permits. As noted in Criterion B, further development and redevelopment must
be in accordance with modern building, access, stormwater, pedestrian circulation, ingress
and egress to the site, and full connection to the greater transportation network for users
ensuring the promotion of public health, safety and general welfare.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion Met. This property is included in future planning areas for transportation, parks,
sewer, and water. The City conducts extensive planning for municipal transportation, water,
sewer, parks, and other facilities and services provided by the City. The adopted plans allow
the City to consider existing conditions and identify enhancements needed to provide
additional service needed by new development. The City implements these plans through its
capital improvements program that identifies individual projects, project construction
scheduling, and financing of construction. As noted in the BCP2020, page 74, the details of
development are generally unknown at the time of annexation. Therefore, reliance on the
adopted plans and implementation through subsequent development is reasonable if the
amendment is consistent with planned system expansion.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
See also comments under Criterion C.
All future construction must extend services in conjunction with subdivision and site
development. Those extensions must meet current standards and will advance this standard.
Terms of Annexation require any future development to meet municipal standards.
E. Reasonable provision of adequate light and air.
Criterion Met. The R-4 zoning designation has requirements for setbacks, height, and lot
coverage which provide for the reasonable provision of adequate light and air. Any future
203
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 26 of
35
development of the property will be required to conform to City standards for setbacks,
building design, height, lot coverage, and buffering. The criterion is not about personal
preferences but about protection of public health and safety. The adopted standards address
protection of public health and safety.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
Criterion Met. The proposed zoning will allow for a higher density of uses than is currently
allowed under Gallatin County zoning. The Gallatin County zoning is an agricultural
protection zone which requires 20 acres per home. Such low-density development is
inherently auto dependent. The site is presently occupied by a single household dwelling with
outhouses. Any development under Bozeman R-4 zoning will generate more traffic, on foot,
bicycle, or vehicle, than the existing single household lot.
To meet the adopted standards of 38.400 (External Link), when a development is proposed, it
will be responsible for frontage improvements along Fowler Lane. Existing conditions will
be considered and additional on and off-site improvements will be determined to meet
additional demand expected from new development. The zoning amendment itself does not
authorize any construction nor change travel demand.
Future development will be required to provide these improvements which will enhance the
city’s motorized and non-motorized transportation systems. Local streets will be laid out and
constructed as development proceeds. Sidewalks and bike facilities are minimum standards
and will be constructed as needed. Municipal design standards for arterials and collectors
such as Fowler Ave and Stucky Rd include complete street requirements to provide for multi-
modal travel. The City includes upgrades to Stucky Road as part of its capital improvement
program over the next few years.
As noted in the BCP2020, page 74, this criteria does not require that there be less impact
from future development than from the existing conditions. “Although a text or map
amendment may allow more intense development than before, compliance with the adopted
Plans and standards will provide adequate capacity to offset that increase. The City’s
development standards require on-site parking for bicycles and motor vehicles and pedestrian
circulation within each site.”
G. Promotion of compatible urban growth.
Criterion Met. The intent of the R-4 zone is to provide for high density residential
development through a variety of housing types to serve the varying housing needs of the
community’s residents. The subject property is adjacent to low-density residential uses to the
north, south and west. There is an undeveloped parcel in the city limits zoned R-4 east of the
204
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 27 of
35
site and high intensity residential uses to the southeast with active new construction at Gran
Cielo where a variety of housing types exist and are currently under construction. The City’s
zoning policy encourages continued development of mixed uses. Creating a more dense
residential development adjacent to a higher intensity residential area is a compatible use.
In addition, this property is accessed by Fowler Lane which is designated as a minor arterial
in the Bozeman Transportation Master Plan (TMP). Improvements to Fowler Lane will occur
with future development in accordance with the terms of annexation. The proposed zoning is
in accordance with the Bozeman Community Plan’s future land use designation of Urban
Neighborhood.
H. Character of the district.
Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing agricultural character of the subject property. It is not expected that zoning freeze
the character of an area in perpetuity. Rather, it provides a structured method to consider
changes to the character. The intent and purpose of the R-4 district is available in
38.300.100(External Link) E and in Appendix B of this report.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in
harmony with adjoining development, existing neighborhoods, and the goals
and objectives of the City's adopted growth policy. Elements of compatible
development include, but are not limited to, variety of architectural design;
rhythm of architectural elements; scale; intensity; materials; building siting;
lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks.
Compatible development does not require uniformity or monotony of
architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in R-4 to be
compatible with adjacent development and uphold the residential character of the area. As
205
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 28 of
35
noted in the growth policy under discussion of this criterion a local street is considered an
adequate separation between different uses and districts to minimize impacts, see page 77.
The BCP2020, page 76, says “If the amendment is accompanying an annexation request there
is often a substantial change in use that will occur. In this case, the Commission must look at
what the growth policy recommends for the area, as there is less built context to provide
guidance.”
The existing character of the site is a single household large lot. Any change in zoning will
modify the essential character of the property. To the east is the City limits with various higher
density zoning districts. To the west is a rural 80-acre parcel in the county with an existing
single family dwelling. The zoning amendment is in conjunction with annexation of the
property. Annexation and urban zoning will change the character of the application site.
However, the requested zoning is consistent with adjacent urban zoning. The urban zoning will
be separated by a public street from the rural area to the west. It will not be separated from
rural properties to the north and immediate south. It is appropriate to zone the annexing area
consistent with the current growth policy designation of Urban Neighborhood and other
standards of the City. The amendment does not alter the allowed uses or standards within the
adjacent unzoned rural subdivision.
Looking out about a half a mile south and east of the subject site is substantial change and
development. One half mile south of the subject site is a recently annexed 20-acre parcel with
an initial zoning of R-4 known as Buffalo Run. Immediately north of Buffalo Run is an 80-
acre parcel where the Gran Cielo development is expanding and has an active application for
annexation and zone map amendment to R-4. North of this expansion is a previously approved
application where high-density residential development is occurring southeast of the subject
site. The proposed zone map amendment is compatible and in harmony with the surrounding
area considering existing and future development possibilities south and east of the subject
site.
I. Peculiar suitability for particular uses.
Neutral. The property is within the City’s planning area for land use and utility extensions.
There is frontage on Fowler Lane, a minor arterial street. Upon future development, Fowler
Lane will be constructed to municipal Street Standard adjacent to the property. Municipal
utilities and emergency services can be extended to the area. The proposed R-4 zoning
designation is suitable for the property’s location and adjacent uses. Other municipal districts
could also be suitable.
J. Conserving the value of buildings.
Criterion Met. There is one single family dwelling with associated outbuildings on the
subject property. The amendment is for the zoning map and does not alter allowed uses on
adjacent properties.
206
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 29 of
35
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed R-4 zoning designation will encourage the most appropriate use
of land as the property is near high density residential uses to the east and south. Upon future
development, there will be access to the city’s services, including streets, thus the site is able
to support a higher intensity of uses as allowed within the R-4 zoning district. Furthermore,
the proposed R-4 zoning designation is consistent with the BCP 2020 future land use map
designation of “Urban Neighborhood”.
The proposed R-4 zoning designation is the same as the zoning immediately to the east and
compatible with adjacent development southeast of the subject site at Gran Cielo where
active construction is underway. Within one half mile of the project site, two parcels recently
received annexation and zone map amendment approvals for REMU and R-4 zoning
designations and an additional application is being processed for Gran Cielo phase II
requesting R-4 zoning. Considering the activity within the immediate area and proposed
higher density housing, the proposed R-4 zoning designation appropriate for this site.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
207
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 30 of
35
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on March 18th and 25th, 2023. The
notice was posted on site and notices mailed by the applicant as required by 38.220 (External
Link) and the required confirmation provided to the Planning Office. Notice was provided at
least 15 and not more than 45 days prior to any public hearing.
As of the writing of this report on April 19, 2023, two written comments have been received
on this application. Any received comments will be made available through the City’s
Laserfiche (External Link) system.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020.
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted
to, proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-4, High Density Residential district whose intent is
to:
Residential high density district (R-4). The intent and purpose of the R-4 district is to
establish areas within Bozeman that are high density residential in character and to
provide options for a variety of housing types within the city with associated service
functions. These purposes are accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the
established development patterns and provide greater flexibility for clustering lots
and mixing housing types in areas with new development.
208
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 31 of
35
2. Providing for a diverse array housing types, including single and multi-family
household dwellings that will serve the varying and changing needs of the
community.
3. Allowing office use as a secondary use that is measured by percentage of total
building area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts,
and/or served by transit to accommodate a higher density of residents in close proximity to jobs
and services.
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the
proposed zoning designation of R-4 correlates with the Growth Policy’s future land use
designation of “Urban Neighborhood”.
209
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 32 of
35
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: 2B, LLC, 7555 Cottonwood Road, Bozeman MT 59715
Representative: Intrinsik Architecture, 106 E Babcock St, Ste 1A, Bozeman MT 59715
210
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 33 of
35
Report By: Elizabeth Cramblet, Associate Planner, Community Development Department
APPENDIX D – ADVISORY COMMENTS
The following informational items are provided for consideration during the design of
development on the site in the future. These comments are for information only at this time.
Compliance with noted requirements will occur during future subdivision or site plan review.
General
1. BMC 38.410.100 (C.4) Watercourse Setback - Where a development is crossed by or is
adjacent to a watercourse, the developer must mitigate the impacts of the development on
the watercourse.
2. All proposals for regulated activities in wetlands areas must be reviewed by the review
authority. The applicant must prepare a functional assessment for all wetlands. Based on
the functional assessment and other submittal materials, the review authority may request
the WRB, if established, forward a recommendation of approval, conditional approval or
denial to the review authority.
Stormwater
1. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High
Groundwater - The subject project is located in an area that is known to have seasonally
high groundwater. Upon future development, the applicant must confirm seasonal high
groundwater level (SHGWL), and seasonal high groundwater data must be measured and
submitted with any future development application on the parcel. Due to the seasonal
nature of SHGWL measurements, the applicant is advised to begin groundwater
measurements in the winter and continue measuring through fall. Measurements must be
at sufficient intervals to define the SHGWL across the site. Industry guidance
recommends a three-foot minimum separation from the bottom of a stormwater facility to
the underlying groundwater table. The applicant is advised that future development may
be subject to limitations or restrictions based on seasonal high groundwater elevations.
2. DSSP Section V.B - Sanitary Sewer System Design Criteria - Upon future development,
the applicant must provide an estimate of the peak-hour sanitary sewer demands, certified
by a professional engineer, for the proposed project. The City will analyze and determine
if sewer capacity is available to accommodate the project. The applicant is advised that
sewer capacity is allocated on a first come first serve basis and is not entitled until
preliminary plat or site plan approval.
3. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems – In
conjunction with streets construction - The City’s Water Facility Plan identified the need
211
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 34 of
35
for a water transmission main (CIP Reference: 16-inch water main New Growth and
Development) directly adjacent to the subject property in Fowler Lane to service future
development. Water infrastructure improvements will be reviewed with future
development applications. The identified water capital planning improvements must be
designed in coordination with any future Fowler Lane improvements adjacent to the
subject property.
The applicant is advised that the capital Improvements identified within the facility plans
must be located within City ROW, a public street and utility easement, or a water and
sewer easement.
4. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems - The
subject property is located within the overall Cattail Creek Sanitary Sewer Drainage
Basin. Figure 5-1 of the City’s wastewater facility plan, shows the subject property in a
smaller identified sub-basin (still within the overall Cattail Creek Drainage Basin), but
directly adjacent to the Baxter Creek Sanitary Sewer Drainage Basin.
The identified sub-basin assumes that certain portions of the property would flow by
gravity into the future 12-inch Fowler Lane sewer main, as identified in the facility plan
(Capital Improvement Plan (CIP) Reference: 12-inch Fowler Ln: Blackwood Road to
Stucky Road). Based on new hydraulic modeling information a 15-inch main will be
required and will be updated per the City's wastewater facility plan update.
The identified wastewater capital planning improvements must be designed in
coordination with any Fowler Lane improvements. Sanitary sewer infrastructure
improvements will be reviewed with future development applications.
The applicant is advised that infrastructure plans for the Buffalo Run development, which
is south of the property, received infrastructure approval to install a new 15-inch
wastewater main from their property to the intersection of Stucky Road and Fowler Lane.
The completion date of said water and sewer improvements by the Buffalo Run
development is not currently known. The applicant should closely coordinate with
engineering prior to future subdivision or site plan on associated infrastructure
improvements.
Transportation
1. BMC 38.400.010 Streets (A) - Upon future development, Fowler Lane must be
constructed to the City’s Minor Arterial Standard adjacent to the subject property. Any
required ROW or public street and utility easement acquisition from offsite property
owners is the applicant’s responsibility.
212
Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 35 of
35
2. Stucky has been added to the City’s Capital Improvement Plan (CIP) FY 2028. Refer to
the City’s capital improvement plan for additional details and the extent of proposed
improvements.
3. Payback District – The subject property is within the boundaries of the Meadow Creek
Subdivision Sewer Payback, an assessment of payback charge will be required with any
future subdivision on site plan applications. The applicant is advised that the payback
must be paid at the time of development approval. Reference document Gallatin County
Clerk and Recorder #2293493.
Water
1. DSSP.V.A.5 Water – Main Extensions – Future development of this site will require
main extensions to be looped, a single dead end loop will not be allowed.
2. DSSP Section V.A – Main Size – The applicant is advised that the subject property is
located at the southern end of the City’s main pressure zone (Sourdough Zone). Water
pressure around the subject property vary from 35 to 50 psi. Upon future development,
the water distribution system must be designed to meet the requirements outlined in the
City of Bozeman Design Standards and Specifications Policy. Additionally, all water
system improvements must also be designed and installed in accordance with the
Montana Department of Environmental Quality Circular 1; Montana Public Works
Standards and Specifications (MPWSS); City of Bozeman Modifications to MPWSS; and
the City’s most recent Water Facility Plan.
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record was electronically submitted and can be viewed at Project
Information Portal (External Link). Select ‘Project Documents’ and navigate to application
21442 to view the full application. Digital access is also available at the Community
Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials direct link:
Application 22383 (External Link)
213