HomeMy WebLinkAbout06-27-23 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
Via Video Conference:
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
+1 669 900 9128
Access code: 933 7244 1920
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Authorize Absence
D.1 Authorize the Absence of Mayor Andrus and Commissioner Pomeroy (Maas)
E.Public Service Announcements
F.FYI
G.Commission Disclosures
H.Consent
H.1 Accounts Payable Claims Review and Approval (Waters)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, June 27, 2023
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the
meeting.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items but you may only comment once per item.
As always, the meeting will be recorded and streamed through the Commission's video page and
available in the City on cable channel 190.
For more information please contact the City Clerks' Office at 406.582.2320.
1
H.2 Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks from the City's
General Accounting Ledger(Stewart)
H.3 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation in the
Amount of $3,000,000 from the Bozeman Public Library Foundation for the Bozeman
Community Center Project(Henderson)
H.4 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation in the
Amount of $1,000,000 from the Bozeman Public Library Foundation for the Third
Installment for Construction Services for the Bozeman Public Library Renovation
Project(Henderson)
H.5 Authorize the City Manager to sign Notice of Award and Contract Agreement with Specialty
Applicators, LLC for Application of an Asphalt Surface Treatment(Van Delinder)
H.6 Authorize the City Manager to Sign a Notice of Award and Purchase Agreement with Tri
State Truck and Equipment, Inc. for One (1) New 2023 or Newer Volvo D13 Tractor
Truck(Van Delinder)
H.7 Authorize the City Manager to Sign the Aftermarket Comprehensive Services Plan with Pall
Water for Annual Inspection of the City of Bozeman Pall Water Aria Filtration System(Miller)
H.8 Authorize the City Manager to Sign a Professional Services Agreement with the Downtown
Bozeman Partnership for the Administration of the Downtown Business Improvement
District for Fiscal Year 2024(Cope)
H.9 Authorize the City Manager to Sign a Professional Services Agreement with the Downtown
Bozeman Partnership for the Administration of the Downtown Urban Renewal District for
Fiscal Year 2024(Staley )
H.10 Authorize the City Manager to Sign a Professional Services Agreement for the Engineering
Review Fee Study with BerryDunn(Kohtz)
H.11 Authorize the City Manager to Sign a Professional Services Agreement with Mountain Alarm
- Bozeman for City Hall Security Alarm(Ziegler)
H.12 Authorize the City Manager to Sign a Professional Services Agreement with Mountain Alarm
- Bozeman for Bozeman Public Library Security Alarm(Tolhurst)
H.13 Authorize City Manager to Sign a Professional Services Agreement with Human Resource
Development Council District IX for Community Housing Program Management(Munfrada)
H.14 Authorize the City Manager to Sign an Amendment 1 to Professional Services Agreement
with Sanderson Stewart for Architectural, Engineering, Land Surveying and Land-Use
Planning Services.(Fine)
H.15 Authorize the City Manager to Sign the Second Addendum to the PSA with Water and
Environmental Technologies, Inc. (WET), to Provide Environmental Consulting Services
pertinent to the East Gallatin Landfill(Flammond)
2
H.16 Authorize the City Manager to Sign Amendment No. 4 to the Professional Services
Agreement with Advanced Engineering and Environmental Services, Inc. for the Bozeman
Wastewater Collection System Phase II Model Update(Lehigh)
H.17 Resolution 5434, Annexation of 0.54 Acres and Adjacent Right-of-way, the 2103 Bridger
Drive Annexation, Application 21123(Rogers)
H.18 Resolution 5497, Authorizing the City Manager to Sign Prime Change Order 3 and
Guaranteed Maximum Price Amendment 5 with Martel Construction, Inc. for the
Construction of the Bozeman Public Library Renovation Project(Henderson)
H.19 Resolution 5499, Authorizing the City Manager to Sign Prime Change Order 1 and
Guaranteed Maximum Price Amendment 3 with Martel Construction, Inc. for the
Construction of the Fire Station 2 Relocation Project(Henderson)
H.20 Resolution 5501, Certification of Delinquent City Assessments to the County (Hodnett)
H.21 Ordinance 2121 Provisional Adoption, of the 2103 Bridger Drive Zone Map Amendment
Initially Establishing an R-2, Residential Moderate Density District, Zone to 0.5 and the
Accompanying Adjacent Right-of way in Association with Annexation of the Same,
Resolution 5434, the 2103 Bridger Drive Annexation, Application 21123(Rogers)
H.22 Ordinance 2138 Final Adoption, of the North 8th Zone Map Amendment Requesting
Amendment of the City Zoning Map to Change the Zoning on 0.4828 Acres from R-4 (High
Density Residential District) to R-5 (Residential Mixed-Use High Density District), Located on
the Southwest Corner of North 8th Avenue and West Lamme Street, Application
22366(Rogers)
H.23 Ordinance 2141 Final Adoption, of the West Kagy Zone Map Amendment Amendment of
the City Zoning Map for Two Existing Lots Consisting of Approximately 2.899 Acres and the
Accompanying Adjacent Right-of way from R-4 (Residential High Density) to R-5 (Residential
Mixed-use High Density) Property is Located on the Northeast Corner of South 19th and
West Kagy Boulevard, Application 22249(Rogers)
I.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 per topic. 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.
J.Action Items
J.1 Ordinance 2131, Provisional Adoption of The Short Term Rental Affirmative Obligations Text
Amendment, Application 23147(Lyon)
3
J.2 FY24 City Manager's Recommended Budget Presentation: Internal Service Funds, Enterprise
Funds, Special Assessment Districts (Street Maintenance, Street Arterials & Collectors, Parks
& Trails District, and Tree Maintenance (Forestry))(Hodnett)
K.Special Presentation
K.1 Impact Fee Study Update and Project Kickoff (Saunders)
L.Work Session
L.1 The Economics of Neighborhood Commercial (Fine)
M.FYI / Discussion
N.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at
www.bozeman.net.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
4
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Kira Peters, Assistant City Manager
Jeff Mihelich, City Manager
SUBJECT:Authorize the Absence of Mayor Andrus and Commissioner Pomeroy
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Authorize the Absence of Mayor Andrus and Commissioner Pomeroy
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Mayor Andrus and Commissioner Pomeroy notified City Manager Mihelich
and Deputy Mayor Cunningham of their anticipated absences.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: March 16, 2023
5
Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Nicole Armstrong, Accounts Payable Clerk
Levi Stewart, Assistant City Controller
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:June 27, 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.
In addition to the weekly check issue, please provide approval for checks
dated 6/15 thru 6/21, as there was no commission meeting on 6/20.
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: June 22, 2023
6
Memorandum
REPORT TO:City Commission
FROM:Levi Stewart, Assistant City Controller
Laurae Clark, City Treasurer
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks
from the City's General Accounting Ledger
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission approve the "writing-off" from the City's general
accounting ledger stale Accounts Payable warrants (also known as checks)
issued by the City over a year ago that have not been cashed by the
recipient.
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:Per Section 7-6-4303 of Montana Code Annotated (MCA), the City may
cancel municipal warrants that have remained outstanding or un-cashed for
one year or longer. In alignment with MCA, this item requests that stale
Accounts Payable checks (also known as warrants) issued by the City over a
year ago that have not been cashed be "written off" of the General Ledger of
the City.
Attached to this report, the Commission will find details on the checks to be
written off and information specific to attempts have made to contact check
recipients.
The Commission's action of writing-off these checks will not preclude the
holder of a stale check from ever being paid the amount they are due. The
action by the Commission will simply result in eliminating the effects of this
stale activity from the City's Balance Sheet. This action allows the City to
maintain records in conformity with Generally Accepted Accounting
Principles which will be validated by the annual audit.
UNRESOLVED ISSUES:Recipients of checks (also known as warrants) from the City who have not
cashed them have not responded to multiple inquiries. Writing the checks
out of the general ledger does not remove the opportunity for a recipient to
7
later cash a check. In the event a written off check is cashed, funds will be
made available within the appropriate fiscal year's budgeted dollars which
may include Reserve Funds. Reserve funds can be used for unexpected
expenses such as these.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:The total amount of checks to be written off of the General Ledger is
$20,946.44. As a result, Cash (an asset) will be added back to the City's
balance sheet with a corresponding amount recorded to "Abandoned
Property" (a liability), resulting in no change in the City's Net Financial
Position.
Attachments:
Stale Checks for Write-Off FY23.pdf
Report compiled on: June 20, 2022
8
Check Type Check #Date Amount Business Name/Last Name First Name Address City State Zip 1st Sent 2nd Sent 3rd Sent
Operating 226696 07/07/2021 $12.44 BRC WILSON, LLC 2441 Richau Ln Bozeman MT 59715 01/20/22 04/11/22 10/25/2022
Operating 226728 07/07/2021 $9.32 FITZGERALD MICHAEL 316 N 10th Ave Bozeman MT 59715 01/20/22 Returned
Operating 226751 07/07/2021 $79.67 HOVLAND LAURA 3466 S 28th Ave Bozeman MT 59718
Operating 226885 07/21/2021 $42.26 BUCKINGHAM HANNAH 3143 Cattail St Unit B Bozeman MT 59718
Operating 226976 07/21/2021 $59.60 KEITH D RYAN 4094 Carbon St Bozeman MT 59718 01/20/22 04/11/22 10/25/2022Operating22698307/21/2021 $98.99 KIDD ALISON 303 N 17th Ave Bozeman MT 59715 01/20/22 04/11/22 10/25/2022Operating22705407/21/2021 $70.83 POESCHL CARL 1612 W OLIVE ST APT 12 Bozeman MT 59715 01/20/22 04/11/22 10/25/2022Operating22706307/21/2021 $76.85 RASMUSSEN COLTON 1075 Abigail Ln Unit A Bozeman MT 59718 01/20/22 04/11/22 10/25/2022Operating22708907/21/2021 $66.77 STINSON NICHOLAS 4452 Cascade St Unit B Bozeman MT 59718 01/20/22 04/11/22 10/25/2022Operating22710207/21/2021 $60.55 THOMAS MALLORY 907 W Villard St Bozeman MT 59715 01/20/22 ReturnedOperating22713107/21/2021 $16.75 WILLIAMS TORIE 1903 Camden Dr Billings MT 59102 01/20/22 ReturnedOperating22762008/04/2021 $14.80 VINCENT-KULPER LINDSAY 2202 Sourdough Rd Bozeman MT 59715 01/20/22 04/11/22 10/25/2022Operating22765308/18/2021 $25.00 BENNETT ROBERT 2530 Fairway Dr Bozeman MT 59715 01/20/22 04/11/22 10/25/2022Operating22773408/18/2021 $95.73 HERSHEY ALEX 2362 Milkhouse Ave Bozeman MT 59718 01/20/22 ReturnedOperating22778308/18/2021 $9.31 MELLING WOODROW 32 Pheasant Run Unit 302 Whitefish MT 59937 01/20/22 04/11/22 10/25/2022Operating22793408/25/2021 $64.78 BULGRIN TROY 3504 GOLDEN VALLEY DR BOZEMAN MT 59718 01/20/22 04/11/22 10/25/2022Operating22795308/25/2021 $63.65 CREIGHTON BRADLEY 7127 N Rachel Way Alta WY 83414Operating22798808/25/2021 $24.08 GENTRY TIMOTHY 708 S 12th Ave Unit A Bozeman MT 59715 01/20/22 04/11/22 ReturnedOperating22799908/25/2021 $96.98 HALL NICHOLAS 1404 S 3rd Ave Bozeman MT 59715 01/20/22 04/11/22 ReturnedOperating22801208/25/2021 $72.32 HYSTAD RACHEL 937 Saxon Way Unit B Bozeman MT 59718Operating22804008/25/2021 $56.45 MAYER TYLER 732 S 12th Ave Unit A Bozeman MT 59715 01/20/22 04/11/22 10/25/2022Operating22805508/25/2021 $35.00 NAGEL SAMUEL PO BOX 2434 FRASER CO 80442 01/20/22 04/11/22 10/25/2022Operating22806108/25/2021 $27.40 OLSON SAMANTHA 2616 2nd Ave N Great Falls MT 59401 01/20/22 04/11/22 10/25/2022Operating22808908/25/2021 $67.81 SHEARAN DELANEY 1155 Abigail Ln Unit B Bozeman MT 59718Operating22813208/25/2021 $50.00 WEIDE JACE 1611 W Koch St Unit 16 Bozeman MT 59715 01/20/22 04/11/22 Returned
Operating 228288 09/08/2021 $43.48 AREVALO CESAR 600 NW 207TH ST APT 108 MIAMI GARDENS FL 33169 01/20/22 04/11/22 10/25/2022
Operating 228364 09/08/2021 $44.41 JOHNSON GARETH 221 E ROOSEVELT ST APPLETON WI 54911 01/20/22 04/11/22 10/25/2022
Operating 228383 09/08/2021 $29.70 MCLENNAN CASEY 1439 W Babcock St Bozeman MT 59715 01/20/22 04/11/22 10/25/2022
Operating 228413 09/08/2021 $76.04 PIERCE Sarah A 3123 Warbler Way Unit B Bozeman MT 59718 01/20/22 Returned
Operating 228428 09/08/2021 $26.87 SERICH SAMI 323 N 15th Ave Bozeman MT 59715 01/20/22 04/11/22 10/25/2022Operating22842909/08/2021 $86.90 SIGLER DAVID 1405 1/2 S Willson Ave Bozeman MT 59715Operating22843809/08/2021 $65.88 STRATFORD R L 5810 Sam Snead Trl Billings MT 59106Operating22858809/22/2021 $92.18 ASADOLLAHI, ALI & RAHELEH HEMMAT 22844 NE 14TH ST SAMMAMISH WA 98074 01/20/22 04/11/22 10/25/2022Operating22859209/22/2021 $356.85 BERNAUER CHRISTY ELIZABETH 3527 S FEDERAL WAY STE 103 BOISE ID 83705 01/20/22 04/04/22Operating22859609/22/2021 $48.50 CASSAVAUGH, RYAN & SARAH BREELAND 225 PIONEER DR UNIT 34 BOZEMAN MT 59715 01/20/22 04/11/22 10/25/2022Operating22866709/22/2021 $355.00 GENEVIEVE POOLE No address Provided Bozeman MT 59715Operating22893010/06/2021 $71.83 GAFFNEY BRIANA 104 S 29th Ave Bozeman MT 59718 01/20/22 ReturnedOperating22896610/06/2021 $47.10 KINCANNON WILL 9665 GENESEE AVE APT A2 SAN DIEGO CA 92121 01/20/22 04/11/22 10/25/2022Operating22899610/06/2021 $26.59 MOGER MASON 807 W Villard St Bozeman MT 59715 01/20/22 ReturnedOperating22904810/06/2021 $49.30 ROCKSTAD DONNA 3361 S 28th Ave Bozeman MT 59718 01/20/22 04/11/22 10/25/2022Operating22905410/06/2021 $35.00 SCHROEDER MELANIE 2721 Kingsway Dr Homedale ID 83628 01/20/22 04/11/22 10/25/2022Operating22907510/06/2021 $107.96 STORMY LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 01/20/22 04/11/22 10/25/2022Operating22910710/06/2021 $9.99 VARONY ABIGAIL 1027 N Cottonwood Rd Bozeman MT 59718 01/20/22 04/11/22 10/25/2022Operating22911510/06/2021 $123.92 WATSON VINCENT 220 S 16th Ave Unit D Bozeman MT 59715 01/20/22 04/11/22 10/25/2022Operating22978311/3/21 $172.64 SCHLENDER SANDY & DOUG 2827 Jackrabbit Ln Bozeman MT 59718 04/11/22 10/25/2022 02/02/23Operating22978611/3/21 $5.00 SHOULDERBLADE DYRON PO BOX 3987 Bozeman MT 59772 04/11/22 10/25/2022 ReturnedOperating22986211/10/21 $5.41 BIANCHI Conor & Etosha 226 S 18th Ave Unit B Bozeman MT 59715 04/11/22 10/25/2022 02/02/23Operating23016711/24/21 $13.12 BRENNAN NOAH 275 N Ferguson Ave Unit 3 Bozeman MT 59718 04/11/22 10/25/2022 02/02/23Operating23025611/24/21 $14.24 PAYNE AREIL 206 N Hanley Ave Unit B Bozeman MT 59718 04/11/22 10/25/2022 ReturnedOperating23062712/15/21 $8.31 HEMINGWAY-ROTHENBERG, ROBERT 2890 Spring Hill Rd Bozeman MT 59718 04/11/22 10/25/2022 02/02/23
Operating 230655 12/15/21 $46.13 MEZIN KELI 476 Enterprise Blvd #316 BOZEMAN MT 59718 04/11/22 10/25/2022 02/02/23
Operating 230699 12/15/21 $90.76 STEPHAN ZOE 1043 Twin Lakes Ave Unit B BOZEMAN MT 59718 04/11/22 10/25/2022 02/02/23
Operating 230730 12/15/21 $25.00 WINES CW 1207 Idaho St Unit B Belgrade MT 59714 04/11/22 10/25/2022 02/02/23
Operating 230804 12/22/21 $18.11 GUSLANDER DAVID 6800 Squaw Creek Rd Jackson WY 83001 04/11/22 Returned
Operating 230982 12/29/21 $125.34 DUNAWAY, MICHAEL T & EMMA J KUCHARSKI 503 W LAMME ST BOZEMAN MT 59715 04/11/22 10/25/2022 02/02/23Operating23109812/29/21 $131.78 MAISEY MICHELE 2863 N 27TH AVE UNIT 3 BOZEMAN MT 59718 04/11/22 10/25/2022 02/02/23Operating23116812/29/21 $16.46 SIMONSON ROBERT S & OLIVIA M 611 WESTGATE AVE STE A BOZEMAN MT 59718 04/11/22 10/25/2022 02/02/23Operating2315921/5/22 $21.28 HOLDEN LINDSIE 515 MICHAEL GROVE AVE UNIT 40 BOZEMAN MT 59718 04/11/22 ReturnedOperating2315991/5/22 $26.40 JOHNSON EMILY 114 MICHAEL GROVE AVE BOZEMAN MT 59718 04/11/22 10/25/2022 02/02/23Operating2316091/5/22 $13.68 KIRCHHOFF STEVE 516 S 6TH AVE BOZEMAN MT 59715 04/11/22 10/25/2022 02/02/23Operating2317511/12/22 $107.59 DIXON, JEREMY & STELLA SONG 21 WHITFIELD RD SOUTH HAMPTON NY 11968 04/11/22 10/25/2022 02/02/23Operating2317711/12/22 $116.14 FRANCIS GRAHAM Bozeman MT 59718 04/11/22Operating2320491/26/22 $118.00 ALLIANT INSURANCE SERVICES INC PO BOX 8473 PASADENA CA 91109 04/11/22 10/25/2022 02/02/23Operating2323102/2/22 $23.75 JOHNSON KELSEY 3 4TH AVE E THREE FORKS MT 59752 04/11/22Operating2323512/2/22 $67.29 RADKEVICH DMITRI 498 N WESTERN DR BOZEMAN MT 59718 04/11/22 ReturnedOperating2325382/9/22 $37.19 SALVATI ALVIN 5482 SNOWBRITE ST BOZEMAN MT 59718 04/11/22 10/25/2022 02/02/23Operating2325652/9/22 $359.04 TNT SPRINGS INC 31 ANDREA DR BELGRADE MT 59714 04/11/22 10/25/2022 02/02/23Operating2326882/16/22 $13.17 JENANYA AUSTIN 4088 BROADWATER CT BOZEMAN MT 59718 04/11/22 10/25/2022 02/02/23Operating2328142/16/22 $12.88 BACHMAN TYLER 362 MERIWETHER AVE BOZEMAN MT 59718 04/11/22 10/25/2022 ReturnedOperating2329822/23/22 $10.80 UGOROWSKI NOAH 2710 HEDGEROW CT BOZEMAN MT 59718 04/11/22 10/25/2022 02/02/23Operating2331173/2/22 $11.43 MANTILA WILHO & INGE 515 PARK PL BOZEMAN MT 59715 10/25/2022 02/02/23 Returned
9
Operating 233118 3/2/22 $7.12 MILLSPAUGH ANDREW 411 1/2 N TRACY AVE BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23
Operating 233163 3/9/22 $150.00 AGUILAR GINA 1641 WINDROW DR BOZEMAN MT 59718 10/25/2022 Returned
Operating 233179 3/9/22 $12.34 BOHAGER FRANCIS 1207 E MAIN ST #231 BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23
Operating 233230 3/9/22 $83.96 HOLLE JOSHUA 1506 BUCKRAKE AVE BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23
Operating 233330 3/9/22 $1,083.75 TIERNEY KAROLINA PO BOX 726 BOZEMAN MT 59771 10/25/2022
Operating 233403 3/16/22 $86.00 EVINGER JAEGER CITY EMPLOYEE-CD BOZEMAN MT 59715 10/25/2022Operating2335783/23/22 $5.75 DAVE'S LOCK & KEY 210 N 7TH AVE BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23Operating2337223/30/22 $16.00 BLACK DEREK CITY EMPLOYEE-WATER BOZEMAN MT 59715 10/25/2022Operating2337773/30/22 $62.22 LYNN DILLON 125 S 15TH AVE UNIT A BOZEMAN MT 59715 10/25/2022 ReturnedOperating2340804/13/22 $43.01 GOSSETT KYLE PO BOX 1115 MANHATTAN MT 59741 10/25/2022 02/02/23 04/12/23Operating2342904/20/22 $102.99 PERRY LESLIE 1707 S ROUSE AVE BOZEMAN MT 59715 10/25/2022 ReturnedOperating2343344/15/22 $15.00 BLACK DEREK CITY EMPLOYEE-WATER BOZEMAN MT 59715 10/25/2022Operating2343854/27/22 $13.17 DANKELMAN KYLE 3242 ROSE ST BOZEMAN MT 59718 10/25/2022Operating2344404/27/22 $57.35 HOSMAN CLINT 2402 WHEELER DR UNIT A BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Operating2344794/27/22 $22.38 OBRADOVICH JAMES 368 KIMBALL AVE UNIT A BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Operating2345635/4/22 $12.59 CAPPON WILLIAM G & SARAH M 1020 S TRACY AVE BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23Operating2345935/4/22 $52.48 FIRTH KATELYN 1 CHARLIES WAY CARDWELL MT 59721 10/25/2022 02/02/23 04/12/23Operating2346025/4/22 $14.34 GIBSON JUSTIN 3765 GALLOWAY ST APT B304 BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Operating2346055/4/22 $53.96 HARD TIMES INC 771 N 15TH AVE BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23Operating2346115/4/22 $16.10 JOHNSON GINIA 2411 DAWS DR APT B BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23Operating2346475/4/22 $60.03 NAUMANN JOHN 3069 FEN WAY UNIT A BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Operating2346915/4/22 $12.59 TOWERY RACHEL 1515 S BLACK AVE APT 4 BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23Operating2347555/11/22 $1,024.05 BARTIMCO PROPERTIES INC 701 GOLD AVE BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23Operating2347575/11/22 $198.32 BERNAUER CHRISTY ELIZABETH 3527 S FEDERAL WAY STE 103 BOISE ID 83705 10/25/2022 02/02/23 04/12/23Operating2347595/11/22 $126.22 BRAUER KARLA & FREDERICK E 2632 GELDING LN LIVERMORE CA 94551 10/25/2022 02/02/23 04/12/23Operating2347635/11/22 $65.34 CROSBY CHRISTINE E PO BOX 7456 BEND OR 97708 10/25/2022 02/02/23 04/12/23
Operating 234790 5/11/22 $127.50 MALCONIAN DANIEL R 2420 TSCHACHE LN UNIT 101 BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23
Operating 234806 5/11/22 $225.94 SANTOS VANESSA 408 N BOZEMAN AVE BOZEMAN MT 59715 10/25/2022 Returned
Operating 234813 5/11/22 $306.51 WESLEY HAROLD W 719 N GRAND AVE BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23
Operating 234916 5/11/22 $13.90 JOHNSON AUSTIN 1107 S BOZEMAN AVE BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23
Operating 235275 5/25/22 $15.03 PRETAT CHRISTOPHER 4532 ETHAN WAY BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Operating2352945/25/22 $42.75 STEEL TREYLIN 58716 LUMPY LN E ENUMCLAW WA 98022 10/25/2022 02/02/23 04/12/23Operating2354946/8/22 $40.45 MARTENSEN LUKE 3025 LANGOHR AVE BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23Operating2355386/8/22 $13.17 ROLON CARLOS 120 S BLACK AVE APT 5 BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23Operating2358006/29/22 $220.07 AYLWARD WESTLEY & MICHAEL 1227 BARLEY AVE BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Operating2358116/29/22 $220.70 BITZ ZANA E 90 HATFIELD CT BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Operating2358206/29/22 $101.65 BUSH MARTA BROWN & GEORGE ALEX 226 S 18TH AVE UNIT C BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23Operating2358216/29/22 $126.02 CARNEGIE NICOLE 4883 LOYAL DR BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Operating2358426/29/22 $405.84 DESTINATION HOMES LLC 1826 SANTA ANA CT BOZEMAN MT 59718 10/25/2022 ReturnedOperating2358636/29/22 $169.49 GROGAN IV EDWARD W 2708 COBBLESTONE PL UNIT C BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Operating2358986/29/22 $264.62 KIRKWOOD CHRIS & LISA 300A BURNT MILL RD BRANCHBURG NJ 08876 10/25/2022 ReturnedOperating2359256/29/22 $116.24 CHAOFU LU & JINLING KANG 3673 PIPESTONE ST BOZEMAN MT 59718 10/25/2022 ReturnedOperating2359296/29/22 $137.47 MAHER MAXWELL 2932 WARBLER WAY UNIT A BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Operating2359426/29/22 $380.27 MILLER MARK D 5 SANDERS AVE BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Operating2359526/29/22 $120.60 OLSON-HENRY HEIDI 3028 W VILLARD ST UNIT 1C BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Operating2359696/29/22 $155.79 QUERL JOSHUA A 11474 S KEYSTONE DR SOUTH JORDAN UT 84009 10/25/2022 02/02/23 04/12/23Operating2360346/29/22 $282.43 321 MAIN LLC 216 MCADOW AVE BOZEMAN MT 59715 10/25/2022Operating2360716/29/22 $30.07 BREKER JULIA 615 S 5TH AVE BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23Operating2360796/29/22 $35.88 BURR LUCY 2200 W DICKERSON ST APT 72 BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Operating2362156/29/22 $46.69 MCCLELLAND PATRICIA 1735 W KAGY BLVD BOZEMAN MT 59715 10/25/2022 02/02/23 ReturnedOperating2362566/29/22 $49.52 OSNESS ALLISON 1140 ROSA WAY APT M BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23
Operating 236330 6/29/22 $150.00 VERGE THEATER PO BOX 1611 BOZEMAN MT 59771 10/25/2022 02/02/23
$11,801.44 Operating Account Stale Checks Total
Check Type Check #Date Amount Business Name/Last Name First Name Address City State Zip 1st Sent 2nd Sent 3rd SentPayroll252218/5/21 $815.56 Duncan Bailey J 120 S Black Ave Apt X Bozeman MT 59715 1/20/2022 4/11/2022 10/25/2022Payroll252228/5/21 $7.38 Duncan Bailey J 120 S Black Ave Apt X Bozeman MT 59715 1/20/2022 4/11/2022 10/25/2022Payroll252549/8/21 $48.48 Conrad Katelynn M 1409 S Willson Ave Apt A Bozeman MT 59715 1/20/2022 4/11/2022 10/25/2022Payroll255236/7/22 $12.18 Johnson Nathan D 10/25/2022 02/02/23 04/12/23Payroll255256/7/22 $0.61 Stoddard Justin G 10/25/2022 02/02/23 04/12/23Payroll255326/10/22 $9.74 Miller Jacob 10/25/2022 02/02/23 04/12/23Payroll255336/10/22 $0.61 Doss Lisa 10/25/2022 02/02/23 04/12/23
$894.56 Payroll Stale Checks Total
10
Check Type Check #Date Amount Business Name/Last Name First Name Address City State Zip 1st Sent 2nd Sent 3rd Sent
Court 16808 08/18/21 $589.00 Davis James 513 19th Ave Bozeman MT 59718 1/20/2022 4/11/2022 10/25/2022Court1682408/19/21 $160.00 Battle Talon Edward 1907 W Dickerson St Apt 3 Bozeman MT 59718 1/20/2022 4/11/2022 10/25/2022 ReturnedCourt1682908/24/21 $65.00 Noyes Solley Jr NicholasCourt1690809/27/21 $5.00 Fleming Donald 8034 NE 123rd St Kirkland WA 98034 1/20/2022 4/11/2022 10/25/2022Court1692709/27/21 $480.00 Carroll Grant Donald 307 N Yellowstone Ave Bozeman MT 59718 1/20/2022 4/11/2022 10/25/2022 ReturnedCourt1694610/20/21 $100.00 Curtis Justin Wade 2124 Gallatin Green Blvd #1 Bozeman MT 59718 1/20/2022 4/11/2022 10/25/2022 ReturnedCourt1695010/20/21 $495.00 Robert Jesse Cain 1631 W College St Unit 32 Bozeman MT 59715 1/20/2022 ReturnedCourt1695510/20/21 $10.00 Walker William Allen 212 Virginia Way Bozeman MT 59718 1/20/2022 4/11/2022 10/25/2022Court1697210/21/21 $600.00 Redgrave Phillip John 230 Waterlily Dr Apt 16 Bozeman MT 59718 1/20/2022 4/11/2022 10/25/2022Court1697510/21/21 $65.00 Gustavson Drew Victor 14795 James Rd Rogers MN 55374 1/20/2022 4/11/2022 10/25/2022Court1699010/21/21 $165.00 Dos Santos Laissa Cavallini 102 Grant Chamberllin Dr Apt H Bozeman MT 59715 1/20/2022 ReturnedCourt1699410/21/21 $95.00 Kilbride Ruth 121 N Tracy Ave Bozeman MT 59715 1/20/2022 ReturnedCourt1700310/21/21 $75.00 Herren Jack Delano 4580 Ballantyne Rd Belgrade MT 59714 1/20/2022 4/11/2022 10/25/2022Court1700510/21/21 $9.69 Lesmes Lucas George 1212 S 5th Ave Bozeman MT 59715 1/20/2022 4/11/2022 10/25/2022 ReturnedCourt1700710/21/21 $10.00 Marr Skyler Reign 5 E Baxter Ln Bozeman MT 59715 1/20/2022 ReturnedCourt1701210/22/21 $572.75 MacDonald Kylie Marie 2773 Renee Way Bozeman MT 59718 1/20/2022 4/11/2022 10/25/2022Court1701310/22/21 $65.00 Tilden Max Silver 430 12th Ave E Apt 303 Seattle WA 98102 1/20/2022 4/11/2022 10/25/2022Court1702110/22/21 $600.00 Debruler Garrett 1308 W Babcock St Unit A Bozeman MT 59715 1/20/2022 ReturnedCourt1702410/22/21 $5.00 Grohouzky Kirsten 215 20th Ave Apt A Bozeman MT 59718 1/20/2022 4/11/2022 02/02/23Court1703110/25/21 $65.00 Culver Pepi MaitlandCourt1704812/17/22 $100.00 Redgrave Phillip John 230 Waterlily Dr Apt 16 Bozeman MT 59718 4/11/2022 10/25/2022 02/02/23Court1705212/17/22 $10.00 Aguilera Fernando Ismael 148 Teakwood Bozeman MT 59715 4/11/2022 10/25/2022 02/02/23Court1706312/27/22 $4.00 Pine Hills 4 N Haynes Miles City MT 59301 4/11/2022 10/25/2022 02/02/23Court1707212/27/22 $65.00 Nirta Allison Christina 340 Roosevelt Dr Butte MT 59701 4/11/2022 10/25/2022 02/02/23Court1707712/27/22 $100.00 Hanle Andrew John 5497 Vermeer Ln Bozeman MT 59718 4/11/2022 10/25/2022 02/02/23Court1709112/27/22 $70.00 Hansen Canon Peres 1481 N 25th Ave Bozeman MT 59718 4/11/2022 10/25/2022 ReturnedCourt1711602/04/22 $100.00 Carver Amanda 3715 Galloway St #D211 Bozeman MT 59718 4/11/2022 10/25/2022 02/02/23Court1713602/04/22 $100.00 Almashhad Mashhad Hussain M 106 Grant Chamberlain Dr Bozeman MT 59718 4/11/2022 Returned 04/12/23Court1715303/12/22 $75.00 Montana Motor Supply 20 W MAIN ST BOZEMAN MT 59715 10/25/2022 Returned 04/12/23Court1715903/12/22 $195.00 Castlebar Apartments 1201 N 25TH AVE BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Court1716303/12/22 $165.00 Eddlemon Christopher George 5 N YELLOWSTONE AVE BOZEMAN MT 59718 10/25/2022 02/02/23 ReturnedCourt1718303/12/22 $115.00 Carnefix Melissa 515 MICHAEL GROVE #58 BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Court1721603/29/22 $95.00 Castlebar Apartments 1201 N 25TH AVE BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Court1728104/06/22 $10.00 Salazar Gregory Finn 25 BILLMAN LN LIVINGSTON MT 59047 10/25/2022 02/02/23 04/12/23Court1732404/18/22 $100.00 Gonzalez Gloria 1603 W KOCH ST BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23Court1732904/18/22 $65.00 Lennox Jeremy Ryan 1098 N 15TH AVE D BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23Court1733204/18/22 $1,000.00 Kelley Ira Owen 2178 JACOBS ST BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Court1733304/18/22 $320.00 Hart Keith Gerald 403 S 10TH AVE BOZEMAN MT 59715 10/25/2022 02/02/23 ReturnedCourt1733604/18/22 $450.00 Riese Robert 417 E PEACH ST BOZEMAN MT 59715 10/25/2022 Returned 04/12/23Court1734604/25/22 $250.00 Bredvik John Paul 2632 CATRON ST APT 327 BOZEMAN MT 59718 10/25/2022 02/02/23 04/12/23Court1735504/25/22 $85.00 Cohen Caleb Elisha 2938 WARBLER WAY UNIT 6 BOZEMAN MT 59715 10/25/2022 02/02/23 04/12/23Court1735804/29/22 $40.00 Kiely John David PO BOX 1056 RED LODGE MT 59068 10/25/2022 02/02/23 04/12/23Court1738106/09/22 $370.00 Haak Casey 31 OLD CLYDE PARK RD LIVINGSTON MT 59047 10/25/2022 02/02/23 ReturnedCourt1741606/10/22 $50.00 Dominguez Carlos 1565 SW 6TH ST APT 5 MIAMI FL 33135 10/25/2022 02/02/23 04/12/23Court1741806/10/22 $85.00 Driver Paige Noel 400 PHARR ROAD BOX 177 ATLANTA GA 30305 10/25/2022 02/02/23 04/12/23
$8,250.44 Municipal Court Stale Checks Total
$20,946.44 GRAND TOTAL
11
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Strategic Services Director
SUBJECT:Authorize the City Manager to Sign a Letter of Agreement Accepting a
Donation in the Amount of $3,000,000 from the Bozeman Public Library
Foundation for the Bozeman Community Center Project
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Letter of Agreement Accepting a
Donation in the Amount of $3,000,000 from the Bozeman Public Library
Foundation for the Bozeman Community Center Project
STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural
"infrastructure" as the city grows.
BACKGROUND:On July 18, 2023 the City Commission will consider a Resolution adopting
ballot language for the proposed Bozeman Community Center, following the
March 21, 2023 approval of the concept design for a comprehensive
recreation center that will serve as a shared facility for aquatics, recreation,
and branch library services providing intergenerational recreation, youth
programming, and a holistic definition of wellness to support both civic and
cultural needs.
The Bozeman Public Library Foundation has approved $3,000,000 in funding
to support total project costs. It is intended that a portion of this Grant will
be used to pay for the costs associated with solar panel installation.
These funds will be used to lower the amount of the bond needed to
construct the facility, contingent upon voter approval. Exhibit 1 further
describes the terms associated with this Grant.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:The Bozeman Public Library Foundation represents to the City it has the
authorization and capacity to transfer funds to the City prior to substantial
completion of construction. The Foundation’s obligation to transfer funds to
the City pursuant to this Agreement is contingent upon the following two
conditions: first, that Foundation receive the full amount of the Grant from
12
the Kendeda Fund on or before December, 31, 2023, and second, voters
approve the sale of general obligation bonds at the November 7, 2023
election.
Attachments:
Bozeman Community Center - Library Foudnation - Donation
Agreement.pdf
Exhibit 1.pdf
Report compiled on: June 15, 2023
13
Page 1 of 3
Agreement between the Bozeman Public Library Foundation and the City of Bozeman
for the Bozeman Community Center
This Agreement is between the City of Bozeman (City), with a mailing address of PO Box 1230,
Bozeman, Montana, 59771, and the Bozeman Public Library Foundation (Foundation) with a
mailing address of 626 E. Main, Bozeman, MT 59715 related to the development of a new City
west-side branch library and recreation and aquatics center (Bozeman Community Center). The
City and Foundation are referred to collectively as the “Parties”.
I. Purpose
The purpose of this Agreement is to provide an understanding between the City and the
Foundation regarding the receipt of donations in support of funding the Bozeman Community
Center. The City’s current Capital Improvement Plan includes the construction of a new library
branch, recreation, and aquatics center in Bozeman’s west side in fiscal year 2024.
The Foundation and the City understand this Agreement provides the Parties’ agreement of how
the Project will be supported by donations and that this Agreement will be supplemented and
adjusted as needed; as such, except for the Foundation’s obligations regarding funding of the
Project (the “Funding” as described below), the understanding between the parties as stated in
this Agreement is subject to change.
II. The Project
The City of Bozeman’s Strategic Plan calls for ensuring library services that meet the demands
of the City, in addition to prioritizing recreational opportunities and active health programs and
facilities. Through previous studies, the Bozeman Public Library and the Parks & Recreation
Department have identified a critical need to expand civic amenities and services to all City
residents.
The proposed Bozeman Community Center will serve as a shared facility for branch library
services, in addition to aquatics and recreation services providing intergenerational recreation,
youth programming, and a holistic definition of wellness to support both civic and cultural needs.
III. Responsibilities
The Foundation has received a Grant Award from the Kendeda Fund in the amount of $3,000,000
for the following purpose: “in support of the design and construction costs associated with the
Library portion of the West Side Bozeman Community Center, Library and Pool Project. It is
intended that a portion of this Grant will be used to pay for the costs associated with solar panel
installation for the entire Project… (the ‘Purpose’).” A copy of the Grant terms of this Grant is
14
Page 2 of 3
attached to this Agreement as Exhibit 1. Subject to the conditions set forth below, The
Foundation agrees to provide $3,000,000 in funding for the costs and expenses of the Project in
accordance with the Purpose of the Grant (to include $500,000 dedicated to the installation of an
onsite solar array), while the City will provide project management support for the Project and
maintenance of the Bozeman Community Center after the Project is completed. City
responsibilities include executing an Architectural Services Agreement with the current project
Architect (ThinkOne / AMD) and preparing a Request for Proposals (or Request for
Qualifications) to select a General Contractor to support final design and provide construction
services and enter into a contract with the selected contractor.
The parties also understand City voters must approve the sale of general obligation bonds at the
November 7, 2023 election for the City to proceed with purchase, development, and construction
of the project.
IV. Financing
The Foundation represents to the City it has the authorization and capacity to transfer funds to
the City prior to substantial completion of construction. The Foundation’s obligation to transfer
funds to the City pursuant to this Agreement is contingent upon the following two conditions:
first, that Foundation receive the full amount of the Grant from the Kendeda Fund on or before
December, 31, 2023, and second, voters approve the sale of general obligation bonds at the
November 7, 2023 election.
V. Representatives
The Parties understand that decisions called for in the Agreement will be made by each Party’s
representative. For purpose of this Agreement the Foundation shall be represented by its
Director, Janay Johnson, and the City represented by its Director of Strategic Services, Jon
Henderson.
VI. No Partnership; Binding Agreement Required
Nothing herein shall be deemed to constitute the creation of a formal business entity or
partnership between the parties. The parties agree that except for the terms and conditions of the
use of the Grant as set forth in this Agreement, there are no other agreements, promises, or
representations, either oral or written, with respect to the payment of and the use of payment of
funds in accordance with this Grant and the use of those funds in the Bozeman Community
Center Project.
15
Page 3 of 3
#### END OF AGREEMENT EXCEPT FOR SIGNATURES ####
City of Bozeman
____________________________ DATE: __________
Jeff Mihelich, City Manager
Bozeman Public Library Foundation
____________________________ DATE: __________
Janay Johnson, Director
16
Exhibit 1
17
18
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Strategic Services Director
SUBJECT:Authorize the City Manager to Sign a Letter of Agreement Accepting a
Donation in the Amount of $1,000,000 from the Bozeman Public Library
Foundation for the Third Installment for Construction Services for the
Bozeman Public Library Renovation Project
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Letter of Agreement Accepting a
Donation in the Amount of $1,000,000 from the Bozeman Public Library
Foundation for the Third Installment for Construction Services for the
Bozeman Public Library Renovation Project
STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural
"infrastructure" as the city grows.
BACKGROUND:This Letter of Agreement confirms the understanding reached by all parties
and sets forth the terms and conditions of a contribution by the Bozeman
Public Library Foundation to the City of Bozeman for the third installment for
construction services for the Bozeman Public Library Renovation project.
Details of the project and the specific responsibilities of each party are
outlined in the Agreement between the Bozeman Public Library, the
Bozeman Public Library Foundation, and the City of Bozeman signed and
executed on August 17, 2021.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:Current project estimates total $5,677,534.00 to include all phases of pre-
construction and construction services. To date, the Library Foundation has
provided funding to the City totaling $3,710,671.83, and the City has
committed $437,000.00 in support of the project through the Library
Depreciation Fund. This Agreement accepts $1,000,000.00 to be allocated in
support of construction services. A subsequent Agreement and transfer of
additional funds necessary to complete the project will be necessary before
completion of the project.
19
Attachments:
Bozeman Public Library Expansion Project - Third Installment
for Construction Services - Letter of Agreement.pdf
Report compiled on: June 15, 2023
20
Letter of Agreement
June 27, 2023
RE: Installment for Construction Services for the Bozeman Public Library Expansion—
Letter of Agreement
This letter of agreement (the “Agreement”) confirms the understanding reached by the parties
and sets forth the terms and conditions of a contribution by the Bozeman Public Library
Foundation (“BPLF”) to the City of Bozeman (“City”) for the third installment for Construction
Services for the Bozeman Public Library Expansion.
1. Parties to the Agreement and Notices:
a. For BPLF
Contact: Janay Johnson, Director
Address: 626 East Main; Bozeman MT 59715
b. For City of Bozeman
Contact: Cyndy Andrus, Mayor
Address: 121 N. Rouse Ave; Bozeman MT 59715
2. Background:
Details of the project and the specific responsibilities of each party are outlined in the Agreement
between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of
Bozeman signed and executed on August 17, 2021.
Current project estimates total $5,677,534.00 to include all phases of pre-construction and
construction services. To date, the Library Foundation has provided funding to the City totaling
$3,710,671.83, and the City has committed $437,000.00 in support of the project through the
Library Depreciation Fund. This Agreement accepts $1,000,000.00 to be allocated in support of
construction services. A subsequent Agreement and transfer of additional funds necessary to
complete the project will be necessary before completion of the project.
3. BPLF Responsibilities:
a. Perform a wire transfer in the amount of $1,000,000.00 payable to the City no later
than July 15, 2023.
4. City of Bozeman Responsibilities:
a. Utilize the funds exclusively for Construction Services for the Library Expansion
Project.
21
b. Return any unused funds to BPLF at the completion of Construction Services.
c. Highlight BPLF’s funding and involvement in the project in press releases or other
promotional activities.
5. Acceptance:
By signing below, the undersigned represent that they are authorized to act on behalf of their
respective parties and to bind their respective parties to the terms of this Agreement, and that the
undersigned parties have read, understand and agree to the above.
Bozeman Public Library Foundation:
Signed: ____________________________
Janay Johnson, Director
Date: ______________________________
City of Bozeman:
Signed: _____________________________
Jeff Mihelich, City Manager
Date: _______________________________
22
Memorandum
REPORT TO:City Commission
FROM:John Van Delinder, Street Superintendent
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to sign Notice of Award and Contract Agreement
with Specialty Applicators, LLC for Application of an Asphalt Surface
Treatment
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Award and Authorize City Manager to sign a Contract Agreement for an
Application of an Asphalt Surface Treatment for a total of $139,830.19 to
Specialty Applicators, LLC.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Bozeman deploys three phases of pavement management across the life
cycle of asphalt streets; chip seals, mill and overlay, and full reconstruction.
Chip seals are the initial stage of preventative maintenance that enables the
life of an asphalt pavement to be extended before milling and overlaying the
top course and eventually reconstructing the full pavement section.
However, chip seals tend to generate user complaints when used in urban
areas and their cost has escalated significantly over the last three years.
In 2019, Streets Division invited Specialty Applicators, LLC to perform a test
section of alternate asphalt treatment in hopes of improving quality for our
residents. The test section has performed adequately and we are prepared
to expand the trial at scale. Streets selected for treatment are locations of
need, as identified by pavement condition index, in addition to our regularly
scheduled chip seal work. They include: S. 8th, E. Story, S. Wallace E. Olive
and S. Church and W. Oak.
Performance of this alternate treatment may inform a future change in chip
seal practice.
There remains no other local company able or willing to perform similar
services, thus the need for sole source approval. Approval has been
supported by Director of Finance and approved by City Manager.
UNRESOLVED ISSUES:None
23
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:This Item is in the FY23 Street Gas Tax Fund Budget (110-4120-433.5040) for
$139,830.19.
Attachments:
Contract Agreement - Specialty Applicators LLC
Exhibit A
Notice of Award
Sole Source Request - Specialty Applicators LLC - Asphalt
Surface Treatment
Report compiled on: June 1, 2023
24
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 1 of 17
CONSTRUCTION AGREEMENT
This Construction Agreement is made and entered into this __27th__ day of
____June_____, 2023_ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Specialty
Applicators LLC, 1812 W Sunset Blvd #1-538, St. George, UT 84770, hereinafter referred to as
“Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained
herein, the parties agree as follows:
1. Work to be Performed: a. Application of asphalt surface treatment only offered by Asphalt
Systems. We tried this treatment in 2019 with excellent results and less mess than chip
sealing. This will include GSB-88®, GSB-M and GSB-RS. Streets chosen by our Engineering Department using our pavement condition index are S. 8th, E. Story, S. Wallace E. Olive and S. Church and W. Oak. All of the above is hereby referred to as (the “Construction Project”) and Contractor’s duties are set forth in the Scope of Services
attached hereto as Exhibit A whereby the unit price for each item includes both labor and
materials. Exhibit A is by this reference made a part hereof. b. Prior to the commencement of any work on the Construction Project, Contractor’s representatives and City’s representatives shall hold a meeting to establish a
working understanding among the parties as to the scope of the Construction Project and
duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the parties are unable to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City
approves the related plans, designs, drawings, and specifications.
c. Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project.
d. During work on the Construction Project, and as part of the final completion of the Construction Project, Contractor shall clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the
25
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 2 of 17
performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project.
2. City-Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement.
3. Time of Performance: Contractor shall begin the Construction Project after
receiving a Notice to Proceed from City and shall complete the Construction Project no later than 9/30/2023. Time is of the essence of completion of all work and each phase of the Construction Project.
4. Liquidated Damages: If the Construction Project is not completed within the time
provided by this Agreement, the City may deduct for each day the Construction Project remains uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor’s failure to complete the Construction Project on time.
5. Compensation: a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of one
hundred thirty-nine thousand, eight hundred thirty and 19/100 Dollars ($139,830.19).
b. If work not included within the original Construction Documents is requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”).
c. City shall retain five percent (5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all “punch list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty
(30) days after the City’s final acceptance of the portion of work for which a separate price
is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its
officers, agents, and employees of and from any and all claims, demands, actions, causes
of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees.
6. Inspection and Testing:
26
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 3 of 17
a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access
to the Construction Project at all times and shall provide every reasonable facility for the
purpose of such inspection and testing, including temporarily discontinuing portions of the work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the work
strictly complies with the Agreement terms and conditions and all applicable laws and
building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement.
b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City
may take such corrective action, either with its own materials and employees or by
retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 7. Partial Utilization of Construction Project: City shall have the right to use or
occupy any portion of the Construction Project that City and Contractor mutually agree is
substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s performance of the remaining portions of the Construction Project. In the event City takes possession of any portion of the Construction Project, such possession shall not be deemed an
acceptance of the Construction Project, in whole or in part. City’s use of any portion of the
Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions of the Construction Project.
8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not otherwise addressed in this Agreement and provided such related work does not otherwise interfere
with Contractor’s performance of this Agreement or the completion of the Construction Project.
Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the opportunity to perform the related work, and shall properly coordinate the Contractor’s work on
the Construction Project with the related work.
9. Contractor’s Warranties: Contractor represents and warrants as follows:
27
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 4 of 17
a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not
otherwise specified, of the most suitable grade for their intended uses.
b. All workmanship and materials shall be of a kind and nature acceptable to the City.
c. All equipment, materials, and labor provided to, on, or for the Construction
Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) year from the final completion and acceptance by the City of the Construction Project, regardless of whether such equipment, materials, or labor were
supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers.
Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to
correct the defective or nonconforming condition within a time frame acceptable to the
City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s
acceptance of the corrective action.
d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the
completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until the completion of the Construction Project.
f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times. g. Contractor has examined all available records and made field examinations
of the site of the Construction Project. Contractor has knowledge of the field conditions to
be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market.
h. Contractor is responsible for the safety of the work and shall maintain all
lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times.
28
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 5 of 17
i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the
reason or cause of the damage or loss; provided, however, should the damage or loss be
caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. j. Contractor is responsible for any loss or damage to materials, tools, or other
articles used or held for use in the completion of performance of the Construction Project.
k. Contractor’s performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation of existing machinery or equipment.
l. Title to all work, materials, and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances.
10. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of
the termination of such delay, give the City written notice of the total actual duration of the delay.
If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by
the intentional interference of the City with the Contractor’s performance, Contractor shall make
no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 11. Suspension:
a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension,
Contractor shall use its best efforts to minimize costs associated with the suspension.
b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts
for materials, services, or equipment; (3) promptly make every reasonable effort to obtain
suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4)
29
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 6 of 17
continue to protect and maintain the Project, including those portions on which work has been suspended.
c. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the
extent required in the Notice of Suspension, Contractor’s organization and equipment
committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the
remaining portion of the work post-suspension if, as a direct result of the suspension, the
cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work
(“Notice to Resume Work”), Contractor shall immediately resume performance of the
suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City’s review and approval. Contractor’s failure to timely
make such a claim shall result in a waiver of the claim.
e. No compensation described in Section 11(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this
Agreement.
12. 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 Construction Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the
contract to any other third party, and may immediately take possession of and use such
materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project. b. In the event of a termination pursuant to this Section 12, Contractor shall be
entitled to payment only for those services Contractor actually rendered. In the case of a
lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Construction Project has been completed. Upon completion of the Construction Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City
30
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 7 of 17
of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs
resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to
the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City.
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, 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. 13. 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 work on the Construction Project, 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 work on the Construction Project, discontinue placing orders for materials, supplies, and equipment for
the Construction Project, and make every reasonable effort to cancel all existing orders or
contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed, in progress, or in transit to the construction site.
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any
materials that City is obligated to purchase from Contractor will remain the City’s sole
property. d. The compensation described in Section 13(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.
31
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 8 of 17
14. 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 ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim. 15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Nicholas Ross, Director of Transportation and Engineering or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals
or authorizations shall be issued only by such Representative; provided, however, that in
exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents 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 Mark LaBelle, Project Manager or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be 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.
32
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 9 of 17
16. Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the
provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work.
17. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Construction Project.
18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this
Agreement or work on the Construction Project, shall be promptly furnished to the City (“City
Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to
the other any express or implied licenses under any patents, copyrights, trademarks, or other
intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 19. 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. 20. 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
33
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 10 of 17
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.
21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Construction Project. 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. 22. Labor Relations:
a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction Project to cease for any period of time, Contractor specifically agrees to take immediate
steps, at its own expense and without expectation of reimbursement from City, to alleviate
or resolve all such labor problems or disputes. The specific steps Contractor shall take to resume work on the Construction Project shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the work on the
Construction Project to resume and be completed within the time frames set forth in the
Construction Schedule at no additional cost to City. b. 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.
34
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 11 of 17
c. 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. d. 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. e. Contractor shall post a legible statement of all wages and fringe benefits to
be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly
wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
f. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work
for all work to which they are assigned.
g. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Construction Services in effect and applicable to
Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all
hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
h. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages.
i. 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.
35
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 12 of 17
j. Contractor shall indemnify, defend, and hold the City harmless from any
and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting
from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages.
23. Subcontractors:
a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed.
b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors.
Contractor shall hold all payments received from the City in trust for the benefit of
subcontractors, and all such payments shall be used to satisfy obligations of the Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the
City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall
promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may
elect to withhold any payment otherwise due to Contractor and upon seven (7) days’
written notice to Contractor, may pay subcontractor by direct or joint payment. 24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in
connection with the Construction Project. If the Contractor allows any indebtedness to accrue to
subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the
Contractor shall immediately notify the City and shall cause the same to be discharged of record
within thirty (30) days after its filing. 25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of
Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City
ordinances. Contractor shall supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during
36
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 13 of 17
the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work
involving these chemicals may commence.
26. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have
the right to inspect all such accounts and records, including but not limited to, Contractor’s records,
books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices, bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurance; Bonds:
a. Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the
negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent,
reckless, or intentional misconduct of any of the Contractor’s agents. b. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification
obligations of this Section must not be construed to negate, abridge, or reduce any
common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s).
c. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City.
d. Should 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.
e. 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.
37
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 14 of 17
f. 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. g. These obligations shall survive termination of this Agreement and the services performed hereunder. h. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section.
The insurance coverage shall not contain any exclusion for liabilities specifically assumed
by the Contractor in subsection (a) of this Section. 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 shown below:
• Workers’ Compensation – not less than statutory limits;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $2,000,000 per occurrence; $4,000,000 annual aggregate;
• Products and Completed Operations – $1,000,000;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles);
• Builder’s Risk/Property Insurance at least as broad as that provided by the ISO
special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned
by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to the Construction Project or City Hall is covered by other insurance;
• Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations
with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or
38
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 15 of 17
omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence;
$2,000,000 aggregate;
• Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate
The amounts of insurance provided 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. 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. i. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not be required to provide bonds as required by 18-2-201(1) under this Agreement.
28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand
Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
29. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the
termination or expiration of this Agreement for the maximum period allowed under applicable law.
39
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 16 of 17
31. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach.
33. 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.
34. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect. 35. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana.
36. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 37. Amendments: This Agreement may not be modified, amended, or changed in any
respect except by a written document signed by all parties. 38. 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.
38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without
the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City.
40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the
performance of this Agreement and the completion of the Construction Project, Contractor shall
40
Construction Agreement for an Asphalt Surface Treatment FY2022-2023 Page 17 of 17
render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by
Contractor at all times will be considered the agents, employees, or independent contractors of
Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference.
43. 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, Contractor and City have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By: Jeff Mihelich, City Manager Print Name: Title:
APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney
41
SPECIALTY APPLICATORS, LLC
1812 W. Sunset Blvd #1-538
St. George, UT 84770
www.specialtyapplicators.com
Phone: (435) 705-1706
Customer: City of Bozeman ESTIMATE #23-7065
Address: Bozeman, MT Revised 4/19/2023
Phone:
Requested By: Mark LaBelle
Project Number:
Project Name: 2023 GSB-M CIP Project Estimate By:Bodin Breinholt
Project Location: Bozeman, MT 435-705-1706
DBW: N/A bodin@specialtyapplicators.com
Item #Item Description Quantity UofM Unit Price Total
1 Mobilization 1.00 Each $9,870.00 $9,870.00
2 Oak Street GSB-M Treatment* (see notes below)7,166.00 SY $2.67 $19,133.22
3 Oak Street Additional: Traffic Control, Preservation of Thermoplastic
Markings (Turn & Merge Arrows, Crosswalk, Stop Bars, Bike Symbol),
Tabbing of existing pavement marking locations.1.00 LS $6,837.51 $6,837.51
4
GSB-RS (Rapid Seal) Treatment: 8th Ave, Story, Wallace, Olive &
Church Ave.37,422.00 SY $2.67 $99,916.74
*Oak Street Treatment Includes: Pre-treatment of raveled locations
(hand applied), followed by full application of GSB-M.
Bonding, Payment & Performance available for additional 3% of Estimate
Invoice Subtotal $135,757.47
Total $135,757.47
Customer Name (print) Date of Acceptance:
Signature
***The prices quoted in this document are valid for 30 Days from the above date and are based upon Specialty Applicators LLC's costs of materials. In
the event that such costs increase substantially, the prices quoted will increase proportionally upon notice to the customer.
****Pricing Includes: Traffic Control, Tabbing of Paint Marking Locations, Masking & Preservation of Manhole/Monuments & Utilities.
Any invoice submitted by Specialty Applicators shall be due 30 days after the date of such invoice. Any invoice not paid within the 30 day period will accrue interest at a rate of 1.5% per month; further in event of collection activities become necessary, Specialty Applicators shall be entitled to recover all its costs incurred in the collection of the amounts due and owed, including but not limited to attorney's fees and court costs
42
EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2
Notice of Award
Date: _______________
Project: Application of Asphalt Surface Treatment only offered by Specialty Applicators, LLC
Owner: City of Bozeman Owner's Contract No.:
Contract: Application of asphalt surface treatment only offered by Specialty Applicators, LLC. We tried this treatment in 2019 with excellent results and
less mess than chip sealing. This will include GSB-88®, GSB-M and GSB-RS. Streets chosen by our Engineering Department using our pavement condition
index are S. 8th, E. Story, S. Wallace E. Olive and S. Church and W. Oak.
Engineer's Project No.: 23-7065
Bidder: Specialty Applicators, LLC
Bidder's Address: 2775 West 1500 South, Salt Lake, UT 84104
You are notified that your Bid dated April 19, 2023 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Base Bid.
The Contract Price of your Contract is one hundred thirty-nine thousand, eight hundred thirty and 19/100 Dollars ($139,830.19).
Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award.
1. Deliver to the Owner Four (4) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Contract Documents (Article 6), General Conditions (Paragraph 5.1), and Supplementary
Conditions.
3. Other conditions precedent:
Deliver with the executed Contract Documents the required insurance certificates.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award, and declare your Bid security forfeited.
43
EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2
Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents.
City of Bozeman Owner By: Authorized Signature Title Copy to Engineer
44
From:Jeff Mihelich
To:Nicholas Ross
Cc:Melissa Hodnett; John Van Delinder
Subject:RE: Sole Source Request - Specialty Applicators LLC - Asphalt Surface Treatment
Date:Wednesday, June 7, 2023 3:43:47 PM
Approved. Thanks.
Jeff Mihelich | City Manager ICMA-CM
City of Bozeman
406-582-2306
jmihelich@bozeman.net
From: Nicholas Ross <nross@BOZEMAN.NET>
Sent: Wednesday, June 7, 2023 2:41 PM
To: Jeff Mihelich <jmihelich@BOZEMAN.NET>
Cc: Melissa Hodnett <mhodnett@BOZEMAN.NET>; John Van Delinder
<JVandelinder@BOZEMAN.NET>
Subject: Sole Source Request - Specialty Applicators LLC - Asphalt Surface Treatment
Hello Jeff,
This email serves as a request for Sole Source approval as allowed under 18-4-306, MCA , as the
statute is implemented by the State of Montana Department of Administration, Administrative Rule
of Montana 2.5.604 on Sole Source Procurement, and the city’s companion sole source policy
Purchasing Admin Order 2021-11 . The rules establish guidelines that sole source procurement is
permissible under the following circumstances:
(2) Sole source procurement is permissible under the following circumstances:
(a) the compatibility of current services or equipment, accessories, or replacement parts is
the paramount consideration;
(b) there is no existent equivalent product; or
(c) only one source is acceptable or suitable for the supply or service item.
For the project under consideration, Specialty Applicators LLC is the sole provider of the asphalt
surface treatment we intend to use for a portion of our annual pavement maintenance work this
season. Four years ago the above-referenced company was approved by the Finance Director at the
time to provide us with an alternate surface treatment to chip sealing. That product has now proven
to be as effective, if not more so, than chip seals. The product carries the added benefit of less
disruption to traffic, fewer loose chips, and is now cheaper per square yard than chip seals.
However, there are no contractors in Montana offering this product and service, thus requiring sole
source approval. Please note that for this season, we will maintain our typical chip seal program in
addition to delivering the additional work referenced here. We do not require any additional budget
capacity for this work.
Director Hodnett supported sole source method as appropriate for this use via email on 05.22.2023.
45
Please respond with your decision on approval and we can move ahead with contracting.
Thank you,
-Nick
Nicholas Ross, P.E.
Director | Transportation and Engineering
City of Bozeman
C: 406-595-3437
O: 406-582-2315
nross@bozeman.net
46
Memorandum
REPORT TO:City Commission
FROM:John Van Delinder, Streets Superintendent
Nicolas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Notice of Award and Purchase
Agreement with Tri State Truck and Equipment, Inc. for One (1) New 2023 or
Newer Volvo D13 Tractor Truck
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Award Bid and Authorize City Manager to Sign Purchase Agreement for a
2023 or Newer Volvo D13 Tractor Truck for a Total of $173,092.54.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The approved FY23 Street Operation Capital Improvement Program (CIP) and
the FY23 approved budget lists the purchase of a Tractor Truck for
Trailer(STR119). We received bids from three vendors and the lowest most
responsible bid was Tri State Truck and Equipment in Billings MT. The
budgeted amount was one hundred sixty thousand dollars ($160,000) from
STR119. The extra $13,092.54 will come from the savings where we did not
spend all the money we had budgeted for concrete work from STR75.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:This item is in the FY23 Streets Operations CIP and approved FY23 budget.
Attachments:
BID PURCHASE AGREEMENT
Bid Form
Notice of Award
Report compiled on: June 15, 2023
47
Purchase Agreement Page 1 of 5
BID PURCHASE AGREEMENT
THIS AGREEMENT is made this ____day of___________, 2023, by and between the CITY OF BOZEMAN, a municipal corporation organized and existing under the laws of the State of Montana, 121 North Rouse Ave., Montana 59715, hereinafter referred to as “City,” and Tri-State Truck & Equipment, Inc, with a mailing address of 5250 Midland Road, Billings, MT 59101, hereinafter referred to as (“Seller”).
In consideration of the mutual promises and agreements hereinafter contained, the parties agree as follows: 1. PROPERTY PURCHASED: Seller agrees to sell and City agrees to purchase the
property requested and described in the City’s Bid Specifications, as modified by the parts of
Seller’s response accepted by City, all of which is incorporated into this Purchase Agreement by this reference. By accepting this Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Purchase Agreement which are not of the Seller’s design,
composition, or manufacture shall be free and clear of infringement of any valid patent, copyright,
or trademark. Seller shall hold the City harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to defend such claims, suits, or actions.
The property being purchased (“Property”) consists of:
One (1) New Current Model Year 2023 or Newer Volvo D13 Tractor Truck.
TOTAL PRICE: $173,092.54 2. SPECIFICATIONS: The Seller agrees that all material and workmanship in and upon this Property complies with the City’s Bid Specifications as shown on the Seller’s Bid Form and the Seller’s response thereto as accepted by the City. Unless otherwise agreed to by the City,
the City’s Bid Specifications as shown on the Seller’s Bid Form govern in the event of inconsistencies with the Seller’s response to the same. 3. PRICE: The City agrees to pay One Hundred Seventy-Three Thousand Ninety-
Two 54/100 Dollars ($173,092.54) as the purchase price. All prices are less any applicable local,
state or federal taxes that may be applied to the Property to be purchased. This price is firm and not subject to escalation under agreed to in writing by the City. 4. DELIVERY AND PAYMENT: Time is of the essence in the performance of this
Purchase Agreement. Seller assumes full responsibility for all transportation, transportation
scheduling, packing, handling, insurance, and other served associated with delivery of the Property. Seller agrees to deliver the above-described Property to the City within ninety (90) days of the receipt of City’s order. Delivery will occur at the City of Bozeman’s Vehicle Maintenance
48
Purchase Agreement Page 2 of 5
Shop (1812 North Rouse Ave., Bozeman, MT 59715), or at a place otherwise selected by City. If delivery of the Property and/or performance of services required under this Purchase Agreement
cannot be made Seller shall promptly notify the City of the earliest possible date for delivery or
performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform required services within the time specific or to the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore without liability except or good or services previously provided and accepted. The City’s receipt or acceptance of any part of a non-
conforming delivery or service shall not constitute a waiver of any claim, right or remedy the City
has under this Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure that it meets Bid Specifications as modified by Seller’s responses accepted by City. If the Property meets the modified Bid Specifications, City shall tender the purchase price stated above to Seller through the City’s normal
claim process. Unless otherwise agreed in writing, payment terms shall be net thirty (30) days
from the date of receipt of invoice or acceptance of goods and services by the City, whichever occurs last. Payment will be made to Seller at the address previously stated unless Seller provides a different address in writing. Invoices must be mailed to: John Van Delinder, Street Superintendent, PO Box 1230, Bozeman, MT 59771-1230.
5. NONDISCRIMINATION: Seller will not discriminate in the performance of this Agreement 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 shall ensure this provision applies to all subcontracts let by the Seller in fulfillment of this Purchase Agreement.
6. DEFAULT/ TERMINATION/ REMEDIES: In the event of Seller’s breach of this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s Bid Specifications, City may, at its option, take any or all of the following actions without prejudice to any other rights or remedies available to the City by law: (i) declare the Seller
in default and immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair
or replace any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so, repair or replace the same at Seller’s expense; (iii) reject any material or equipment included in the Property containing defective or nonconforming equipment or material and return for credit or replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach
by Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure
substitute property to replace the Property described herein. In such event, Seller is liable to City for the difference between the price set forth herein and the price paid by City for the replacement property. Additionally, the City may pursue any other remedy it has at law or in equity.
In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s
recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price payable for equipment and material delivered to the City prior to such breach. 7. CHANGE ORDERS: The City shall have the right to revoke, amend, or modify
this Purchase Agreement or the equipment or material included in the Bid Specifications at any
time. Seller’s receipt of City’s written change order without response received by the City within
49
Purchase Agreement Page 3 of 5
10 (ten) business days or Seller’s shipment or other performance reflecting the change, whichever occurs first, shall be Seller’s acceptance of the change without any price or other adjustment.
8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY FOR A MINIMUM OF TWO (2) YEARS AND SHALL ALSO ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY
IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS
DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO
EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN. 9. Insurance/Indemnification: The Seller shall insure the Property for a minimum of the purchase price against all damages during the delivery period per the Specifications. In
addition to and independent from the above, during the delivery period Seller shall defend,
indemnify, and hold the City, its officers, employees, and agents harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by,
growing out of, or in any way arising or resulting from any intentional or negligent act on the part
of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by the city of the Property. 10. ASSIGNMENT: Seller may not delegate, subcontract, or assign any duties and services or assign any rights or claims under this Purchase Agreement without the express
written consent of City.
11. ENTIRE AGREEMENT: This Agreement, including its appendices, if any, embodies the entire understanding between the parties relating to the subject matter contained herein. No agent or representative of either party has authority to make any representations,
statements, warranties or agreements not herein expressed and all modifications or amendments
of this Agreement, including the appendices, must be in writing and signed by an authorized representative of each of the parties hereto. 12. APPLICABILITY: This Agreement and any extensions hereof shall be governed
and construed in accordance with the laws of the State of Montana, and the same is binding upon
the parties, their heirs, successors, and assigns.
50
Purchase Agreement Page 4 of 5
13 Permits: Seller 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.
14. Laws and Regulations: Seller 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.
15. 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.
16. 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.
17. 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.
18. 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.
51
Purchase Agreement Page 5 of 5
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.
19. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
20. 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 have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written. CITY OF BOZEMAN ______________________________________ SELLER (Type Name Above)
By___________________________________ By____________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By____________________________________ Greg Sullivan, City Attorney
52
53
54
55
56
57
58
59
60
61
NOTICE OF AWARD
Dated: June 15, 2023
TO: Tri-State Truck & Equipment, Inc
ADDRESS: 5250 Midland Road, Billings, MT 59101
CONTRACT FOR: One (1) New Current Model Year 2023 or Newer Volvo D13 Tractor
Truck.
You are notified that your Bid opened on May 11, 2023 at 2 p.m. for the above Contract has been
considered. You are the apparent Successful Bidder and have been awarded a Contract for the: One
(1) New Current Model Year 2023 or Newer Two Hundred and Thirty-four (234) Inch Wheelbase
Day Cab Tractor Truck.
The Contract Price of your Contract is: One hundred Seventy-three thousand, Ninety two 54/100
Dollars ($173,092.54)
Two (2) copies of each of the proposed Contract Documents have been signed and One copy
accompanies this Notice of Award for your records.
CITY OF BOZEMAN, MONTANA
BY: __________________________________ (CITY MANAGER)
BY: ___________________________________
(CITY CLERK)
DATE: _______________________________
62
Memorandum
REPORT TO:City Commission
FROM:Jill Miller, WTP Superintendent
John Alston, Utilities Director
SUBJECT:Authorize the City Manager to Sign the Aftermarket Comprehensive Services
Plan with Pall Water for Annual Inspection of the City of Bozeman Pall Water
Aria Filtration System
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the Aftermarket Comprehensive Services
Plan with Pall Water for annual inspection of the City of Bozeman Pall Water
Aria Filtration System.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:In March 2014 the City of Bozeman began treating water with the 22 MGD
membrane filtration plant with a membrane system provided by Pall Water.
The WTP has had an annual inspection and refresher training for 3 days each
winter/spring. The annual inspection by a Pall Water Field Services Engineer
(FSE) determines the system functional status, offers preventative
maintenance recommendations, and ensures the plant is operating within
the membrane warranty parameters. This time is also used to provide new
operators training and complete the required exam with a Pall Water FSE.
The more experienced operators have the opportunity to discuss system
changes with a Pall Water FSE and receive any refresher training needed. In
the past, the same FSE that performed the initial commissioning of the
membrane filtration system have performed the annual inspection and
refresher training which is anticipated to continue. Having this contract in
place gives the WTP 24/7 phone support from Pall Water at no additional
cost.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Forgo annual inspection and pay for phone support at a cost per initial
incident and pay hourly for each follow up call per incident.
FISCAL EFFECTS:The inspection is budgeted for in the FY24 WTP Operating budget. The cost
of the annual inspection is $15,640.
63
Attachments:
City of Bozeman Annual Aftermarket Services Plan 2023
final.pdf
Report compiled on: June 13, 2023
64
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Confidential - Company Proprietary Confidential - Company Proprietary
Aftermarket Comprehensive Services Plan
for
City of Bozeman
Pall Water Aria Filtration System
Equipment Type Large Water 6 Racks PALL SAP#: 566060
WBS No.: 01.000163 Start Up Date:
Module Warranty Expires: Equipment Warranty Expired:
Company Contact: Jill Miller E-Mail: jmiller@bozeman.netPhone:
Site Location: 7022 Sourdough Canyon Rd. Bozeman, MT 59715
Table of contents Page
1 Cover Page; Ordering Instructions and table of contents 2 Proposal Summary, Description of Services and pricing detail
3 Customer Authorization for Service Form; Site & Billing addresses
4 Definition of Contract Terms 6 Essential Service Event Details
8 Terms and Conditions
Ordering Instructions
Complete the “Customer Authorization for Service” form on page 3 and remit to:
Pall Water Customer Service Email: Pall_Technology_csc@pall.com
OR P.O. Box 5630, 839 State Route 13
Cortland, New York 13045-5630 Fax: 607-758-4526
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 1 of 17
65
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Confidential - Company Proprietary Confidential - Company Proprietary
PROPOSAL SUMMARY
Pall Water provides a post-warranty support service plan to ensure continued aftermarket operation of your System. Over time, machinery ages and may malfunction. Components and technology also get upgraded - or become obsolete - as new innovations develop and get implemented. Our Technical Team is also
commissioned to 24/7 on-call availability.
The frequency of the proposed service is an Annual visits. If you require service frequency of Semi-Annual or
Quarterly, the contract can be revised to accommodate your service needs. If additional service support is required beyond the contract frequency and scope, it can also be provided at the Pall standard service rates above. Advance authorization is required for any time that exceeds the scope of service and the amount of the
issued PO. Additional T&E will apply.
DESCRIPTION OF SERVICE Annual Service Plan Fee per 12-Mo. visit
SYSTEM INSPECTION SERVICE* (MM #38588)
Overall System Review
•Review system and process operation
•Make system adjustments and improvements as time allows
•Identify future needs for operation staff to maintain plantperformance
•All Travel and Expenses included in pricing
$8,840.00
REFRESHER TRAINING* (MM #16115) (performed in conjunction with the above-scheduled System
Inspection Service visit during the contracted Services Plan visit) Hands on refresher training
$6,800.00
ANNUAL RATES $15,640.00
**Note: Without an Aftermarket agreement, non-contracted customers will be subject to a Fee-per-Incident
for phone support service (credit card required at time of call).
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 2 of 17
66
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Confidential - Company Proprietary Confidential - Company Proprietary
Customer Authorization for Service Form
Effective Date and Duration: This Agreement will be effective as of the date signed below, and will remain in
effect:
•for 12 consecutive months (or as indicated in the annual or multi-year contract)
•or until 30 days after receipt of written notice of termination by either party.
Customer Billing Address: Customer Shipping Address (Spare Parts):
Customer Comments:
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 3 of 17
I am an authorized representative of the Customer, and I accept the Terms and Conditions of this Service Agreement on behalf of the Customer. I authorize Pall Water Systems to perform the work defined in this
agreement, and accept the costs and charges defined in this agreement.
Company:
Print Name Title/Position
Signature Date
Purchase Order No. or Reference for Billing:
Requested Date(s) to Schedule Service Visit(s): (unless deemed emergency service, please allow a 4-week window to accommodate scheduling by Pall
Water Systems.)
Remit this form & PO# to our Pall Water Customer Service email: pall_technology_csc@pall.com
WTPJMM06132023
January
Jeff Mihelich City Manager
City of Bozeman WTP
7024 Sourdough Canyon Road
Bozeman, MT 59715
City of Bozeman WTP
7024 Sourdough Canyon Road
Bozeman, MT 59715
City of Bozeman
67
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Confidential - Company Proprietary Confidential - Company Proprietary
Definition of Plan Terms
Pall - Pall Water or its assigned Representative
Customer - Company or Organization purchasing services as defined by this contract The Customer’s maintenance staff will be responsible for supplying tools, ladders, lifts, or other equipment required to execute the maintenance function. Site personnel will be solely responsible for ensuring that all maintenance
procedures are performed in accordance with all applicable safety regulations.
FSE - The role of the Pall Water Field Service Engineer (FSE) is to complement the sites existing technical /
maintenance staff by providing expertise specific to Pall Water supplied technology. The Pall Water FSE will direct site maintenance staff in the proper execution of maintenance procedures.
Description of the Plan Services
1.System Inspection Service
2.Operator Training
1.System Inspection Service
Upon arrival, the Pall Water FSE will meet with designated plant personnel to review the planned scope of
work for the Inspection, and obtain confirmation prior to proceeding. Should the Customers expectations
be outside of the scope of work, the inspection will not proceed until Pall Water and the Customer agree to
the Scope of Service. If necessary, Scope changes can be quoted and accepted onsite, prior to performingthe planned service.
The FSE will perform a comprehensive inspection of the Pall Water Aria Filtration System, which includesall hardware and operating parameters to determine System functional status, and make preventive
maintenance recommendations. Should an issue be identified that can be resolved by the FSE during thisvisit, a price for the immediate service can be provided, and the work completed with your approval bymeans of a verbal change order to Pall Water Systems Customer Service. Advance authorization is
required for any time that exceeds the Scope of Service and the amount of the issued PO.
Upon completion of the service, the FSE will meet with designated Plant personnel to review the findings
of the Inspection, and discuss any problems, corrective actions or recommendations.
2.Operator Training
To support proper operation of your system, Pall recommends that you take advantage of a training session with actual hands-on time to achieve a significant level of competence and confidence with the equipment. Sessions should be repeated annually as refresher training, or when you have new system
operators.
Classroom instruction will ONLY be provided if it is specifically indicated as part of the proposal summary.
The content would include information on the Principles of Filtration, and Cross-flow Technology, as well as general procedures will be presented in a combination of PowerPoint slides and hands-on activities. A training binder would be provided for each participant.
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 4 of 17
68
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Confidential - Company Proprietary Confidential - Company Proprietary
Hands-on CIP training / refresher CIP refresher training is ONLY provided when Pall performs the CIP
service, and if it is specifically indicated as part of the proposal summary. The CIP service visit should be scheduled preferably when reduced system flux suggests the modules could benefit from cleaning. As Pall Systems require periodic cleaning; the cleaning frequency will vary. CIP neglect will cause
long-term flux deterioration, which can be difficult to restore. If not performed on a regular basis, CIP Protocols may become unfamiliar, ominous and critical.
Essential Service Event Details
Materials: This proposal covers the scope of work described above. All additional materials purchased by Pall Water for use on your System that have been verbally authorized by you to complete this work
will be invoiced as part of this contract.
Scheduling: When possible, Pall Water will make every effort to accommodate a Customer’s schedule for services, once they have been defined and communicated. Field Service requires a minimum 4- week advance notification. Upon receipt of your purchase order, we can confirm the schedule, and
allocate the appropriate Pall Water Service resources.
Validity: This proposal is valid for 90 days.
Terms of Sale: Pall Water Standard Terms and Conditions of Sale of Services apply.
Terms of Service:
Regular minimum service charge is for a 10-hour day. Maximum workday is 12 hours,including travel time.
Service Order acceptance and payment terms: Pall Water requires all accounts outstanding beyond 30 days to be paid in full prior to order acceptance. Your account status will be verified at the time of order placement, and you will be notified if you have a balance due. To avoid order processing, goods
shipment, or service scheduling delays, please insure your account is up to date in advance of placing your order. Charges per the proposal will be invoiced automatically, and become payable within 30 business days of receipt.
Changes: If additional service is required beyond the Plan frequency and scope, Pall Water will work with you to make those changes. Advance authorization is required for any activity that exceeds the
scope of service and the amount of the issued PO. Additional T&E may apply.
Pall Water shall not implement any changes in the Scope of Services described in its proposal unless
Customer and Pall Water agree to the details of the change, and any resulting price, schedule or other contractual modifications. This includes any changes necessitated by a change in applicable law.
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 5 of 17
69
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 6 of 17
Confidential - Company Proprietary Confidential - Company Proprietary
A Purchase Order or acceptable letter of authorization, including Travel & Expense per diem
reimbursements, and a signed copy of the attached Customer Authorization of Service Form is required prior to Pall Water providing the services defined in this proposal.
Maintaining an Aftermarket Service Plan, or an Aftermarket Phone Support Service, provides the best possible return on your Pall Water System investment. The Plan also provides pre-emptive measures that
help to identify potential anomalies or malfunctions which may create untimely disruptions, costly down-times, or otherwise, could contribute to disaster response issues encountered by Municipal Plants and a community’s water system. Implementing the Service Plan ensures priority response and avoids the Fee-
per-Incident charges.
Sincerely,
Alexander Braman
Regional Sales Manager Phone: 720-202-6536 E-mail: alexander_braman@pall.com
70
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Confidential - Company Proprietary Confidential - Company Proprietary
Terms and Conditions of Sale Non-
Systems – The Americas Pall Water
1. Applicability: Entire Agreement:
1.1. These terms and conditions of sale (these "Terms") are the only terms which govern the sale of the goods identified on Buyer's purchase order (the "Goods") by Seller to Buyer. By placing a purchase order, Buyer makes an offer to purchase the Goods pursuant to these Terms, including (a) a list of the Goods to be purchased; (b) the quantity of each of the Goods ordered; (c) the requested delivery date; (d) the unit Price for each of the Goods to be purchased; (e) the billing address; and (f) the delivery location (the “Basic Purchase Order Terms”), and on no other terms.
1.2. The accompanying quotation, proposal, confirmation of sale, invoice, order acknowledgment or similar document delivered by Seller to Buyer (the "Sales Confirmation"), the Basic Purchase Order Terms and these Terms (collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations,
representations and warranties, and communications, both written and oral. These Terms prevail over any of Buyer's general terms and conditions of purchase regardless whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms.
1.3. Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms.
2. Non-delivery:
2.1 The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's Shipment Point (as defined in Section 4) is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
2.2 Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) unless Buyer gives written notice to Seller of the non-delivery within 10 days of the date when the Goods would in the ordinary course of events have been received.
2.3 Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.
3. Delivery:
3.1 The Goods will be delivered within a reasonable time after the receipt of Buyer's purchase order, subject to availability of finished Goods. The delivery and/or shipping schedule is the best estimate possible based on conditions existing at the time of Seller's Sales Confirmation or Seller's quotation and receipt of all specifications, as applicable, and in the case of non-standard items, any such date
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 7 of 17
71
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 8 of 17
Confidential - Company Proprietary Confidential - Company Proprietary
is subject to Seller's receipt of complete information necessary for design and manufacture. Seller shall not be liable for any delays, loss or damage in transit or for any other direct, indirect, or consequential damages due to delays, including without limitation, loss of use.
3.2 Seller may, in its sole discretion, without liability or penalty, deliver partial shipments of Goods to Buyer and ship the Goods as they become available, in advance of the quoted delivery date. If the Goods are delivered in installments, then insofar as each shipment is subject to the same Agreement, the Agreement will be treated as a single contract and not severable.
3.3 Seller shall make the Goods available to Buyer at Seller's factory or designated shipment point
(each, “Seller’s Shipment Point") using Seller's standard methods for packaging and shipping such Goods. Buyer shall take delivery of the Goods within 5 days of Seller's written notice that the Goods have been delivered to the Seller’s Shipment Point.
3.4 If for any reason Buyer fails to accept delivery of any of the Goods on the date fixed pursuant to Seller's notice that the Goods have been delivered at the Seller’s Shipment Point, or if Seller is
unable to deliver the Goods at the Seller’s Shipment Point on such date because Buyer has not provided appropriate instructions, documents, licenses or authorizations: (i) title and risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered; and (iii) Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
4.Shipping Terms: Unless otherwise mutually agreed to in writing by the parties, delivery shall beFCA (Seller’s Shipment Point) INCOTERMS 2010. At Buyer’s request, Seller will, at Buyer's risk andexpense, arrange for the delivery of the Goods to Buyer's site/facility and Buyer will pay, orreimburse Seller, for all freight charges, taxes, duties, entry fees, brokers’ fees, special,miscellaneous and all other ancillary charges and special packaging charges incurred.
5.Title and Risk of Loss: Title and risk of loss passes to Buyer upon the earlier of (i) delivery of theGoods at the Seller’s Shipment Point or (ii) deemed delivery pursuant to clause 3.4 above. As
collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to Sellera lien on and security interest in and to all of the right, title and interest of Buyer in, to and under theGoods, wherever located, and whether now existing or hereafter arising or acquired from time totime, and in all accessions thereto and replacements or modifications thereof, as well as allproceeds (including insurance proceeds) of the foregoing.
6.Inspection and Rejection of Nonconforming Goods:
6.1 Buyer shall inspect the Goods within 10 days of receipt (the "Inspection Period"). Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions as to the disposition of the Goods.
6.2 If Buyer timely notifies Seller of any nonconforming Goods, Seller shall, in its sole discretion, (i)
72
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 9 of 17
Confidential - Company Proprietary Confidential - Company Proprietary
replace such nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Goods, ship to Buyer, at Seller's expense, the replaced Goods to the Seller’s Shipment Point.
6.3 Buyer acknowledges and agrees that the remedies set forth in Section 6.2 are Buyer's exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods
purchased under this Agreement to Seller.
6.4 If Seller delivers to Buyer a quantity of Goods of up to 5% more or less than the quantity set forth in the Sales Confirmation, Buyer shall not be entitled to object to or reject the Goods or any portion of them by reason of the surplus or shortfall and shall pay for such Goods the price set forth in the Sales Confirmation adjusted pro rata.
7. Services: Seller will provide such services as are expressly described in the Sales Confirmation(collectively, the “Services”), during normal business hours, unless otherwise specified in the SalesConfirmation. Services requested or required by Buyer outside of these hours or in addition to thequoted or agreed upon services will be charged at Seller’s then current schedule of rates, includingovertime charges, if applicable, and will be in addition to the charges outlined in the SalesConfirmation.
8.Purchase Price: The price for the Goods and/or Services thereof shall be Seller’s quoted price.Seller may also at any time assess a fuel or energy surcharge (in addition to the price of the Goods)(the “Purchase Price”). The Purchase Price is based on the project schedule defined in thisAgreement, Sales Confirmation or applicable contract documents. Notwithstanding anything to thecontrary set out herein, in the event of any delay to Seller’s delivery schedule caused by Buyer or itsrepresentatives (other than for Force Majeure or delays caused by Seller), including withoutlimitation, a suspension of work or the project, a postponement of the delivery date or failure totimely issue of a notice of commencement or similar document, then the Purchase Price shallincrease by 1% for every month or partial month of such delay and this Agreement shall beconstrued as if the increased Purchase Price were originally inserted herein, and Buyer shall bebilled by Seller on the basis of such increased Purchase Price.
9. Taxes: The Purchase Price is exclusive of any applicable federal, state or local sales, use, exciseor other similar taxes, including, without limitation, value added tax, goods and services tax or other
similar tax imposed by any governmental authority on any amounts payable by Buyer. All such taxeswill be for Buyer's account and will be paid by Buyer to Seller upon submission of Seller's invoices.Buyer agrees to make tax accruals and payments to the tax authorities as appropriate. If Buyer isexempt from any applicable sales tax or equivalent, but fails to notify Seller of such exemption orfails to furnish its Sales Tax Exemption Number to Seller in a timely manner and Seller is required topay such tax, the amount of any such payment made by Seller will be reimbursed by Buyer to Sellerupon submission of Seller's invoices.
10.Payment:
73
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Confidential - Company Proprietary Confidential - Company Proprietary
10.1 Buyer shall pay all invoiced amounts due to Seller within 30 days from the date of Seller's invoice. Buyer shall make all payments hereunder by EFT, wire transfer, or check and in US dollars. Payment for foreign billing shall be in accordance with Seller's written instructions.
10.2 Buyer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, reasonable attorneys' fees. In addition to all other remedies available under these Terms or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend performance of any Purchase Order, or suspend the delivery of any Goods, if Buyer fails to pay any amounts when due hereunder and such failure continues for 5 days following
written notice thereof. Additionally Seller my require payment in cash, security or other adequate assurance satisfactory to Seller when, in Seller's opinion, the financial condition of Buyer or other grounds for insecurity warrant such action.
10.3 All sales are subject to the approval of Seller's credit department. Seller and Buyer both recognize that there is a risk of banking fraud when individuals impersonating a business demand payment under new banking or mailing instructions. To avoid this risk, Buyer must verbally confirm any new bank or mailing instructions by calling Seller and speaking with Seller’s accounts receivable contact before mailing or transferring any monies using the new instructions. Both parties agree that they will not institute any mailing or bank transfer instruction changes or require immediate payment under the new instructions but will instead provide a ten (10) day grace period to verify any payment instruction changes before any new or outstanding payments are due using the new instructions.
10.4 Buyer may not withhold or setoff any amounts that may be claimed by Buyer against any amounts that are due and payable to Seller by reason of any set-off of any claim or dispute with Seller, whether relating to Seller's breach, bankruptcy or otherwise.
10.5 Notwithstanding anything herein to the contrary, this Agreement may be modified or terminated/cancelled, and scheduled shipments hereunder may be deferred or changed, only: (i) upon Buyer’s prior written notice to Seller, and Seller’s written acknowledgment of the notice; and (ii) upon terms satisfactory to Seller. Buyer shall pay to Seller all fees, charges and/or costs that Seller assesses because of any modification, termination/cancellation, deferment and/or change, including without limitation all termination/cancellation fees, restocking fees, storage fees, insurance costs, freight costs, nonrecurring engineering or production costs and recovery of cost plus reasonable profit required in the event of Buyer’s termination without cause.
11. Limited Warranty:
11.1 Limited Warranty for Goods. Seller warrants to Buyer that for a period of twelve months from the date of delivery of the Goods, including deemed delivery pursuant to clause 3.4 above (the "Warranty Period"), that the Goods manufactured by Seller, when properly installed and maintained, and operated at ratings, specifications and design conditions specified by Seller, will materially conform to Seller’s specifications for such Goods set forth in Seller’s proposal, or, in the absence of such a proposal, such specifications for such Goods appearing in Seller’s product catalogues and literature or in the Sales Confirmation, at the time of the order and will be free from material defects in material and workmanship (this “Limited Warranty”). Buyer shall notify Seller
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 10 of 17
74
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Confidential - Company Proprietary Confidential - Company Proprietary
promptly in writing of any claims within the Warranty Period and provide Seller with an opportunity to inspect and test the Goods or service claimed to fail to meet this Limited Warranty. Buyer shall provide Seller with a copy of the original invoice for the product or service, and prepay all freight charges to return any Goods to Seller's factory, or other facility designated by Seller. All claims must be accompanied by full particulars, including system operating conditions, if applicable. If the defects are of such type and nature as to be covered by this Limited Warranty, Seller shall, at its option and in its sole discretion, either: (a) accept return of the defective Goods and furnish replacement Goods; (b) furnish replacement parts for the defective Goods; (c) repair the defective Goods; or (d) accept return of the defective Goods and return payments made, or issue credits for, such defective Goods and shipment returns. If Seller determines that any warranty claim is not, in fact, covered by this Limited Warranty, Buyer shall pay Seller its then customary charges for any additionally required
service or products.
11.2 Limited Warranty for Services. Seller further warrants that all Services performed hereunder, if any, will be performed in a workmanlike manner in accordance with applicable law and industry standards by qualified personnel (this “Limited Warranty for Services”); this Limited Warranty for Services shall survive for 30 days following Seller’s completion of the Services (the “Service Warranty Period”). In the event of a warranty claim under this Limited Warranty for Services, Buyer shall inform Seller promptly in writing of the details of the claim within the Service Warranty Period. Seller’s liability under any service warranty is limited (in Seller’s sole discretion) to repeating the service that during the Service Warranty Period does not meet this Limited Warranty for Services or issuing credit for the nonconforming portions of the service. If Seller determines that any warranty claim is not, in fact, covered by the foregoing Limited Warranty for Services, Buyer shall pay Seller its then customary charges for all services performed by Seller.
11.3 No Warranty as to Third Party Products. Products manufactured by a third party ("Third Party Product") may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods. Third Party Products are not covered by the warranty in Section 11.1. For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. With respect to any Third Party Product, the warranty, if any, is provided solely through the manufacturer of such Third Party Product, the terms of which vary from manufacturer to
manufacturer and Seller assumes no responsibility on their behalf. For Third Party Products, specific warranty terms may be obtained from the manufacturer’s warranty statement.
11.4 Other Limits. EXCEPT FOR THE WARRANTIES SET FORTH IN SECTIONS 11.1 and 11.2, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS AND SERVICES, INCLUDING WITHOUT LIMITATION ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Seller does not warrant against, and in no event shall Seller be liable for, damages or defects arising out of improper or abnormal use, misuse, abuse, improper installation (other than by Seller), application, operation, maintenance or repair, alteration, accident, or for negligence in use, storage, transportation or handling or other
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 11 of 17
75
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Confidential - Company Proprietary Confidential - Company Proprietary
negligence of Buyer. In no event shall Seller be liable for any Goods repaired or altered by someone other than Seller other than pursuant to written authorization by Seller. All product warranties and
performance guarantees shall only be enforceable if (a) all equipment is properly installed, inspected
regularly and is in good working order, (b) all operations are consistent with Seller recommendations, (c) operating conditions at the job site have not materially changed and remain within anticipated specifications, and (d) no reasonably unforeseeable circumstances exist or arise.
11.5 Exclusive Obligation. THIS WARRANTY IS EXCLUSIVE. THE LIMITED WARRANTY AND THE LIMITED WARRANTY FOR SERVICES ARE THE SOLE AND EXCLUSIVE OBLIGATIONS OF SELLER WITH RESPECT TO THE DEFECTIVE GOODS AND SERVICES. SELLER SHALL NOT HAVE ANY OTHER OBLIGATION WITH RESPECT TO THE GOODS, SERVICES, OR ANY PART THEREOF, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THE REMEDIES SET FORTH IN SECTIONS 11.1 AND 11.2 SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 11.1 AND 11.2.
11.6 Buyer Breach. In no event shall Buyer be entitled to claim under the above Limited Warranties if Buyer is in breach of its obligations, including but not limited to payment, hereunder.
12. Limitation of Liability:
12.1 IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, INCLUDING WITHOUT LIMITATION, REMANUFACTURING COSTS AND REWORK COSTS, DE-INSTALLATION OR REINSTALLATION COST, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY FORESEEN BY BUYER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (TORT, CONTRACT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND WHATEVER THE FORUM, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE MANUFACTURE, PACKAGING, DELIVERY, STORAGE, USE, MISUSE OR NON-USE OF ANY OF ITS GOODS OR SERVICES OR ANY OTHER CAUSE WHATSOEVER.
12.2 IN NO EVENT SHALL SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED FIVE TIMES THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS AND SERVICES SOLD HEREUNDER
12.3 The limitation of liability set forth in Section 12.1 above shall not apply to liability resulting from Seller's gross negligence or willful misconduct.
13. Indemnity/Waiver of Claims/Insurance : For other than professional services rendered, to the fullest extent permitted by law, within the limits of its insurance in this Agreement, Seller agrees to release, defend, indemnify, and hold harmless the Buyer, its agents, representatives, employees, and officers from and against any and all claims, demands, actions, fees and costs (including
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 12 of 17
76
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Confidential - Company Proprietary Confidential - Company Proprietary
reasonable
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
Buyer 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 Seller; or (ii) any negligent, reckless, or intentional misconduct of any of the Seller’s agents.
For services rendered, to the fullest extent permitted by law and within the limits of its insurance in
this Agreement, Seller agrees to indemnify and hold the Buyer harmless against claims, demands,
suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent
caused by the negligence or willful misconduct of the Seller or Seller’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 indemnitee(s)
which would otherwise exist as to such indemnitee(s).
Seller’s indemnity under this Section shall be without regard to and without any right to contribution from
any insurance maintained by Buyer.
Should Buyer be required to bring an action against the Seller to assert its right to defense or
indemnification under this Agreement or under the Seller’s applicable insurance policies required
below, Buyer 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
Seller was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a
claim(s) or any portion(s) thereof.
In the event of an action filed against the Buyer resulting from the Buyer’s performance under
this Agreement, the Buyer may elect to represent itself and incur all costs and expenses of suit.
These obligations shall survive termination of this Agreement and the services performed hereunder.
In addition to and independent from the above, Seller shall at Seller’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 Seller in this Section. The insurance coverage shall not contain any exclusion for liabilities
specifically assumed
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 13 of 17
77
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 14 of 17
Confidential - Company Proprietary Confidential - Company Proprietary
by the Seller 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 Buyer. Seller shall furnish to Buyer
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. Buyer shall be endorsed as an additional or named insured on a primary non- contributory basis on the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to Buyer and carrier will provide cancellation notice in accordance with policy provisions. Seller must provide all
insurance coverage and endorsement to Buyer prior to the Seller commencing work. Seller shall notify Buyer within ten (10) business days of Seller’s receipt of notice that any required insurance coverage will be terminated or Seller’s decision to terminate any required insurance coverage for any reason
14 Cancellation: Buyer may not cancel this Agreement after Sales Confirmation unless all the details are approved in writing by the parties, including Buyer's agreement to pay a stated amount of termination charges.
15 Termination: In addition to any remedies that may be provided under these Terms, Seller may terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under this Agreement and such failure continues for 10 days after Buyer's
78
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Confidential - Company Proprietary Confidential - Company Proprietary
receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
16 Changes: Seller shall not be obligated to implement any changes or variations in the scope of work described in Seller’s Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes or variations necessitated by a change in applicable law occurring after the effective date of this Agreement including these Terms.
17 Intellectual Property Infringement: Buyer has no authorization to make any representation, statement or warranty on behalf of Seller relating to any Goods sold hereunder. Buyer shall indemnify and defend, at its own expense, Seller against claims or liability for U.S. or applicable foreign patent, copyright, trademark or other intellectual property infringement and for product liability arising from the preparation or manufacture of the Goods according to Buyer's specifications or instructions, or from Buyer's unauthorized or improper use of the Goods or part thereof, or from any changes or alterations to the Goods or part thereof made by persons other than Seller, or from the use of the Goods in combination with products not furnished by Seller or from the manufacture or sale or use of Buyer products which incorporate or integrate the Goods.
18 Ownership of Materials: All ideas, concepts, whether patentable or not, devices, inventions, copyrights, improvements or discoveries, designs (including drawings, plans and specifications),
estimates, prices, notes, electronic data and other documents or information that are: a) created, prepared, reduced to practice or disclosed by Seller; and/or b) based upon, derived from, or utilize the Confidential Information of Seller, and all related intellectual property rights, shall at all times remain Seller’s property. No right, title or interest in any patents, trademarks, trade names or trade secrets, or in any pattern, drawing or design for any of the Goods or in any other Seller intellectual property right, shall pass or transfer to the Buyer and Seller shall at all times retain ownership rights therein. Notwithstanding the foregoing, Seller grants Buyer a non-exclusive, non-transferable license to use any such material to the extent necessary and solely for Buyer’s use of the Goods purchased by Buyer from Seller hereunder. Buyer shall not disclose any such material to third parties without Seller’s prior written consent. As a condition to Seller’s delivery to Buyer of the Goods, Buyer shall not, directly or indirectly, and shall cause its employees, agents and representatives not to: (i) alter or modify the Goods, (ii) disassemble, decompile or otherwise reverse engineer or analyze the Goods, (iii) remove any product identification or proprietary rights notices, (iv) modify or create
derivative works, (v) otherwise take any action contrary to Seller’s rights in the technology and intellectual property relating to the Goods, (vi) assist or ask others to do any of the foregoing.
19 Export: As a condition to Seller’s delivery to Buyer of the Goods, Buyer agrees, with respect to the exportation or resale of the Goods by Buyer, to comply with all requirements of the International Traffic in Arms Regulations ("ITAR") and the Export Administration Regulations ("EAR"), regulations issued thereunder and any subsequent amendments thereto, and all other national, including, but not limited to, European, government laws and regulations on export controls, including laws and regulations pertaining to export licenses, restrictions on export to embargoed countries and restrictions on sales to certain persons and/or entities. Buyer further agrees that the shipment and/or delivery of the Goods by Seller is contingent upon Seller obtaining all required export authorizations,
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 15 of 17
79
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Date: January 6, 2023
Confidential - Company Proprietary Confidential - Company Proprietary
licenses, and permits (collectively, “Authorizations”) and Buyer agrees that Seller shall not be liable to Buyer for any failure or delay in the shipment or delivery of the Goods if such Authorizations are delayed, conditioned, denied or not issued by the regulatory or governmental agencies having jurisdiction over such Authorizations.
20 Confidentiality: If Seller discloses or grants Buyer access to any research, development, technical, economic, or other business information or "know-how" of a confidential nature, whether reduced to writing or not, Buyer will not use or disclose any such information to any other person or company at any time, without Seller's prior written consent..
21 No Waiver: No waiver by Seller of any of the provisions of this Agreement is effective unless
explicitly set forth in writing and signed by Seller. Seller's failure to exercise, or to delay in exercising, any right, remedy, power or privilege arising from this Agreement, or to insist on Buyer's strict performance of these Terms shall not operate as or be construed as a waiver by Seller.
22 Force Majeure: Under no circumstances shall the parties have any liability for any breach relating to nonperformance or underperformance caused by extreme weather, natural disaster, fire, accident or other act of God; strike, lock out or other labor shortage or disturbance; lock down, boycott, embargo or tariff; terrorism or act of terrorism, war or war condition or civil disturbance or riot; failure of public or private telecommunications networks; delay of carriers or other industrial, agricultural or transportation disturbance; failure of normal sources of supply; epidemics, pandemics, contagion, disease or quarantine; law, regulation or any act of government; or any other cause beyond with party’s reasonable control. Either party’s performance shall be excused and deemed suspended during the continuation of such event or events and, for a reasonable time thereafter, delayed or
adjusted accordingly.
23 No Third-Party Beneficiaries: This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
24 Relationship of the Parties: The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
25 Validity: If any provision of this Agreement, the Sales Confirmation or these Terms is held by any
competent authority to be invalid or unenforceable in whole or in any part, such provision shall be ineffective, but only to the extent of such invalidity or unenforceability, without invalidating the remainder of such provision nor the other provisions, which shall not be affected.
26 Governing Law: Seller’s Terms and Conditions of Sale and the parties’ agreement for the sale of
Services shall be governed by the laws of the State of Montana.
27 Submission to Jurisdiction: Buyer and Seller hereby unconditionally and irrevocably submit to (and waive any objection on the grounds of inconvenient forum or otherwise) the jurisdiction of the Supreme Court of the State of Montana, County of Gallatin or the United States District Court for the Montana, which courts shall have exclusive jurisdiction to adjudicate and determine any suit, action or
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 16 of 17 80
Aftermarket Comprehensive Services Plan
Pall Water Proposal No.: OPP1683482
Confidential - Company Proprietary Confidential - Company Proprietary
Date: January 6, 2023 proceeding regarding or relating to this Agreement and the purchase and supply of the Goods. A
judgment, order or decision of those courts in respect of any such claim or dispute shall be conclusive
and may be recognized and enforced by any courts of any state, country or other jurisdiction.
28 Nondiscrimination and Equal Pay: Seller agrees that all hiring by Seller of persons performing this Agreement shall be on the basis of merit and qualifications. Seller will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Seller 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, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Acts of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Seller 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). Seller must
report to Buyer any violations of the Montana Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Seller shall require these nondiscrimination terms of its subcontractors providing services under this Agreement.
29 Survival: All payment, confidentiality and indemnity obligations, warranties, limitations of liability, product return, and ownership of materials provisions, together with those sections the survival of which is necessary for the interpretation or enforcement of these Terms, shall continue in full force and effect for the duration stated in such provisions or the applicable statute of limitations.
30 Amendment and Modification: This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative
of each party.
31 Pall Water is part of Danaher Corp.’s Environmental & Applied Solutions (“EAS”) segment. Danaher Corp. has announced its intention to separate its EAS segment to create an independent, publicly traded company (the “Transaction”) (see: Danaher Announces Intention to Separate Environmental & Applied Solutions Segment to Create an Independent, Publicly Traded Company - Sep 14, 2022). In connection with the Transaction, the Pall Water assets, including this contract, will be assigned and transferred to Trojan Technologies Corp. or an affiliate thereof (the“Assignment”). Buyer hereby consents to the Transaction and the Assignment of this contract to Trojan Technologies Corp. or an affiliate thereof. Upon assignment of this contract, Trojan Technologies Corp. or an affiliate thereof will have all rights, and be liable for all obligations and responsibilities, under this contract as if the original seller.
Pall Water Systems 839 NYS Route 13 Cortland, NY 13045 CSC: #866-475-0115
Page 17 of 17
81
Memorandum
REPORT TO:City Commission
FROM:Emily Cope, DBP Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
the Downtown Bozeman Partnership for the Administration of the
Downtown Business Improvement District for Fiscal Year 2024
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
the Downtown Bozeman Partnership for the Administration of the
Downtown Business Improvement District for Fiscal Year 2024
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:As allowed by statute (MCA 7-12-1131), the City annually contracts the
Downtown Bozeman Partnership to administer the Downtown Business
Improvement District.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by Commission.
FISCAL EFFECTS:As specified in its annual work plan and budget, the Downtown BID pays a
fee to the Downtown Partnership to cover the administrative costs of
managing the district and implementing the annual work plan. The FY2024
Downtown BID work plan and budget was unanimously approved by the
board on April 19, 2023 and presented to the City Commission on May 16,
2023.
Attachments:
DBP-COB PSA for Management of BID District--FY2024.pdf
Report compiled on: June 5, 2023
82
Professional Services Agreement
Regarding the Administration and Management of the Downtown Bozeman Business Improvement District
WHEREAS, the Downtown Business Improvement District was created May 15, 2000 by Commission Ordinance No. 1517; and WHEREAS, the Downtown Business Improvement District was created on August 12, 2010 by
Commission Ordinance No. 1790; and WHEREAS, the Downtown Business Improvement District was created on August 11, 2020 by Commission Ordinance No. 2040; and
WHEREAS, the Downtown BID Board is authorized to employ the necessary staff to implement the Business Improvement District pursuant to 7-12-1131 MCA; 7-12-1131 Powers Of Board In Administering District. The board in administering a district has all powers necessary to carry out functions of the district contained in the
ordinance creating it, including the power to: (7) provide for the management and administration of the affairs of the district.” NOW, THEREFORE, the Downtown Bozeman Partnership and City of Bozeman enter into this Professional Services Agreement defining the administration and management of the Downtown
Bozeman Business Improvement District.
THIS AGREEMENT is made and entered into this ____ day of ________________, 2023
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter
referred to as “City,” and the DOWNTOWN BOZEMAN PARTNERSHIP, LLC, a limited liability
company, with a physical and mailing address of 222 East Main Street #302, Bozeman, MT, 59715,
hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party”
and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for the City the
services described in the Scope of Services attached hereto as Exhibit “A” and by this reference made a part
hereof.
83
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will
terminate on the 30th day of June 2024.
3. Scope of Work: Contractor will provide administrative and management services to the
Board pursuant to the BID FY2024 Work Plan and Budget outlined in the Scope of Services, Exhibit “A”.
For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise,
the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services,
Exhibit “A” as the “Downtown Partnership Management Fee”. Any alteration or deviation from the
described services that involves additional costs above the Agreement amount will be performed by
Contractor after written request by the City, and will become an additional charge over and above the
amount listed in the Scope of Services. The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor
makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of
Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations
that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to perform
the services required by this Agreement; that it will perform the services in a professional, competent and
timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement
and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or
violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander
or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will
not determine or exercise control as to general procedures or formats necessary to have these services meet
this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an
independent contractor for purposes of this Agreement and is not to be considered an employee of the City
for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies
handbook and may not be considered a City employee for workers’ compensation or any other purpose.
Contractor is not authorized to represent the City or otherwise bind the City in any dealings between
Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title
39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39,
Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and
employees of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’
compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance
84
in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for
independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or
materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees
to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate
or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the
discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action.
Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional
cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands,
costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any
labor problems or disputes or any delays or stoppages of work associated with such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to
the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the
City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section
as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees
and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability
where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected
therewith and without limit and without regard to the cause or causes thereof or the negligence of any party
or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct
of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to
indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct
of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of
indemnity that would otherwise exist. The indemnification obligations of this Section must not be 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)
85
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 both the Commercial General and Automobile
Liability policies. The insurance and required endorsements must be in a form suitable to City and shall
include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City
within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be
terminated or Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions
86
of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s
right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”).
The City may then take over the work and complete it, either with its own resources or by re-letting
the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled
to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages
of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City, make
it advisable to the City to cease performance under this Agreement, the City may terminate this
Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The
termination shall be effective in the manner specified in the Notice of Termination for City’s
Convenience and shall be without prejudice to any claims that the City may otherwise have against
Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise
directed in the Notice, the Contractor shall immediately cease performance under this Agreement
and make every reasonable effort to refrain from continuing work, incurring additional expenses or
costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms
satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect,
and maintain work already completed or immediately in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled to
payment only for those services Contractor actually rendered on or before the receipt of the Notice
of Termination for City’s Convenience.
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.
87
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 Kira Peters or Melissa Hodnett 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 Emily Cope (DBP Economic Development Director) or such other
individual as Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed to
Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other designated
Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and shall
be provided to the Representatives named in this Section. Notices shall be deemed given when
delivered, if delivered by courier to Party’s address shown above during normal business hours of
the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the
email address or fax number provided by the Party’s Representative; or on the fifth business day
following mailing, if mailed by ordinary mail to the address shown above, postage prepaid.
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.
88
13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal
laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws,
all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the
Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety
Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the
Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority
and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of
persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will
have a policy to provide equal employment opportunity in accordance with all applicable state and federal
anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person,
bar a person from employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status,
national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except
when the reasonable demands of the position require an age, physical or mental disability, marital status or
sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964;
Section 140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been
found guilty of within 60 days of such finding for violations occurring during the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall
not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any
employee or agent engaged in services to the City under this Agreement while on City property or in the
performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall
comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT)
regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have
the right to request proof of such compliance and Contractor shall be obligated to furnish 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
89
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 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.
90
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.
**** 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 DOWNTOWN BOZEMAN PARTNERSHIP
CONTRACTOR
By________________________________ By_________________________________
Jeff Mihelich, City Manager Emily Cope, Economic Development Director
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, City Attorney
91
Scope of Services: Exhibit “A”
Downtown Business Improvement District
FY2024 BID Work Plan and Budget
BID Mission Statement
The BID is an organization of downtown property owners who through thoughtful, pro-active collaboration and
partnership with local government, business owners, residents and citizens strive to create a shared vision and voice for
the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short-term and long-term
initiatives otherwise unavailable to individual owners. The BID has a goal of ensuring the long-term preservation and
vitality of the city’s underlying economic, cultural, social and environmental assets and the BID will work together to keep
our downtown a safe, beautiful and vibrant place.
BID Assessment Programs
The following programs are funded by the special assessments collected from property owners within the Downtown
Business Improvement District. The BID assessment for FY2024 will be $230,000. The BID will also receive approximately
$50,350 in additional revenue from sponsorships and maintenance contracts.
Downtown Bozeman Partnership ($67,500)
The BID is a member of the Downtown Bozeman Partnership. The BID contributes to the administration of the Downtown
Partnership office located at 222 East Main Street.
Downtown Bozeman Association ($27,000)
The BID contributes to the DBA to support its events, staff and marketing efforts to promote downtown. The DBA hosts
events downtown that include Art Walks, Music on Main, Crazy Days, Cruisin’ on Main Car Show, Cat Walk, Restaurant
Week and more.
Summer Flowers ($30,000)
The BID purchases, installs and maintains 300+ hanging baskets of Super-Petunias. In summer of 2023, 120 Earth Planter
self-watering baskets are replacing the wrought-iron baskets on the side streets of downtown. The Earth Planter baskets
provide improved plant growth by regulating water delivery based on soil conditions while reducing labor costs, fuel and
water usage. The baskets only need to be watered two to three times per week rather than seven days a week. The BID has expressed interest in continuing this sustainability effort and plans to purchase additional baskets for Main Street in
the coming years. These flower baskets are hung throughout downtown from June through September.
Holiday Lighting ($15,525)
The BID installs the following holiday lighting downtown: 1) lighted garland on each historic lamp post along Main Street;
2) lights on the large conifer trees in Soroptomist Park; 3) garland wreaths at the Rouse, Church, Wallace, and Grand
intersections; and 4) the infamous holiday “spider” decorations above four downtown intersections. The green decoration
was replaced in 2022 and the red decoration will be replaced in 2023. The BID board will replace the remaining two
decorations in the next two to four years, earmarking reserve funds for this project.
Maintenance Program ($97,575)
The BID hires two full-time maintenance employees in addition to two part-time maintenance employees for the summer
months. Primary tasks performed by the BID maintenance staff includes garbage collection, flower watering, tree
watering, Soroptomist Park upkeep, installation of the streetlamp banners, maintenance of pedestrian benches, graffiti removal, and limited snow removal. The BID maintenance staff removed over 4,000 bags of garbage and recycling during
the past year from over 100 receptacles.
Outreach Bozeman ($10,000)
This funding would support the full slate of programming available to assist individuals and families experiencing homelessness. This would include outreach, programming to assist with the return to self-sufficiency, overnight
programming and staffing. Over the last year we have seen a significant decrease in the number of people experiencing
homelessness in the downtown corridor. This is a direct result of HRDC conducting outreach to people living in urban
92
Professional Services Agreement for the Administration of the Downtown Bozeman Business Improvement District FY 2024 Page 11 of 12
encampments and the availability of day enriching daytime/evening programming.
Graffiti Removal Program ($7,500)
The BID comprehensive graffiti removal program is in its third year of operation. Since 2009, this program has removed
4,000 graffiti tags. The BID maintenance staff removes tags from public property and works with property owners to clean
private buildings of graffiti. The BID will continue to actively remove new tags as quickly as possible considering
immediate removal has proven to be the most effective deterrent.
Downtown Banners ($3,000)
The BID purchases, installs and maintains the downtown light pole banners. Seasonally the BID installs banners for MSU,
Bozeman Farmers Market, Bridger Bowl, Big Sky Resort, Sweet Pea, SLAM, BYEP, Bozeman Health, Bridgercare, Greater Yellowstone Coalition and more.
Tree Replacement ($2,000)
The BID replaces trees that have died in the downtown district. In coordination with the City Forestry Division, dead trees
are removed and then replaced by a local nursery. Smaller newly planted trees are susceptible due to physical damage and insufficient water.
Downtown Marketing ($2,500)
The BID contributes to the general marketing of downtown Bozeman. These funds are made available to the Downtown
Partnership which places advertisements in ten to twelve local, regional and state-wide publications.
Vehicle Maintenance ($9,750)
The BID owns and maintains a maintenance truck and two mules/ATVs.
Maintenance Supplies ($6,675)
The BID purchases a wide variety of maintenance supplies for various programs, including trash bags.
93
Professional Services Agreement for the Administration of the Downtown Bozeman Business Improvement District FY 2024 Page 12 of 12
FY2024
Estimated Starting Cash Balance- Reserves 140,000$
Expenses- Capital Projects/Reserves
Red Holiday Spider Replacement 15,000$
Earth Planter Self-Watering Baskets (Main St)45,000$
Operating Reserves 80,000$
FY24 Income
BID Assessment 230,000$
Contract Income 24,000$
Interest Income 100$
Mobile Vending Fees 1,800$
Flower Sponsorships 9,000$
Christmas Light Sponsorships 3,500$
Streetlamp Banners 12,000$
Total Income 280,400$
Expenses
Management Fee 67,500$
Total Expenses 67,500$
Payroll Expenses
Maintenance Staff 65,000$
Taxes 4,800$
Work Comp 3,300$
Maintenance Staff--Garage 22,500$
Taxes 1,000$
Work Comp 1,000$
Total Payroll Expenses 97,600$
Programs
Downtown Bozeman Association (DBA) Support 27,000$
Holiday Lights -Reserve Fund 10,000$ Holiday Lights 2,000$
Holiday Lights Spider Repair 2,000$ Holiday Decor Storage 1,500$
Outreach Bozeman 10,000$
New Banners 3,000$
Flower Expenses 30,000$
Flower Water 300$
Tree Purchases 2,000$
Marketing 2,500$
Maintenance Supplies 4,000$
Garbage Bags 2,700$
Graffiti Supplies 1,000$
Graffiti Contracted Removal 6,500$
Mule Service & Fuel 1,800$
Truck Service & Fuel 2,500$
Vehicle Insurance 5,500$
Program Contingency 1,000$
Total Program Expenses 115,300$
Total BID Expenses 280,400$
NET ASSESSMENT INCOME -$
Downtown BID FY24 Work Plan & Budget
94
Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, DBP Executive Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
the Downtown Bozeman Partnership for the Administration of the
Downtown Urban Renewal District for Fiscal Year 2024
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
the Downtown Bozeman Partnership for the Administration of the
Downtown Urban Renewal District for Fiscal Year 2024
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The City annually contracts the Downtown Bozeman Partnership to
administer the Downtown Urban Renewal District.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by Commission.
FISCAL EFFECTS:As specified in its annual work plan and budget, the Downtown URD pays a
fee to the Downtown Partnership to cover the administrative costs of
managing the district and implementing the annual work plan. The FY2024
Downtown URD work plan and budget was unanimously approved by the
board on April 18, 2023 and presented to the City Commission on May 16,
2023.
Attachments:
DBP-COB PSA for Management of URD District--FY2024.pdf
Report compiled on: June 5, 2023
95
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 1 of 17
Professional Services Agreement
Regarding the Administration and Management of the
Downtown Bozeman Urban Renewal District
WHEREAS, the Downtown Urban Renewal District was created March 6, 1995 by
Commission Resolution No. 3046; and
WHEREAS, the Downtown Urban Renewal Plan was adopted on November 20, 1995 by
Commission Ordinance No. 1409; and
WHEREAS, the life of the Tax Increment Financing District established under the Urban
Renewal Plan was extended on March 7, 2005 by Commission Ordinance No. 1628; and
WHEREAS, the life of the Tax Increment Financing District established under the Urban
Renewal Plan was extended on December 17, 2007 until the year 2032 with the sale of Tax
Increment Urban Renewal Revenue Bonds by Commission Resolution No. 4073; and
WHEREAS, the adopted Urban Renewal Plan stipulated that an Urban Renewal Agency
would be created and referred to as the Downtown Bozeman Improvement District Board (the
“Board”) pursuant to 7-15-4232 MCA and 7-15-4234 MCA; and
7-15-4232. Authorization to assign urban renewal powers to municipal
departments or to create urban renewal agency. When a municipality has
made the finding
prescribed in 7-15-4210 and has elected to have the urban renewal project powers
exercised as specified in 7-15-4233:
(1) such urban renewal project powers may be assigned to a department or other
officers of the municipality or to any existing public body corporate;
7-15-4234. Urban renewal agency to be administered by appointed board of
commissioners. (1) If the urban renewal agency is authorized to transact business
and exercise powers under this part, the mayor, by and with the advice and
consent of the local governing body, shall appoint a board of commissioners of
the urban renewal agency consisting of five commissioners...
WHEREAS, the Downtown Board as the designated Urban Renewal Agency is
authorized to employ the necessary staff to implement the Urban Renewal Plan pursuant to 7-15-
4238 MCA;
96
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 2 of 17
7-15-4238. Employment of necessary staff. The urban renewal agency or
department or officers exercising urban renewal project powers shall be supplied
with the necessary technical experts and such other agents and employees,
permanent and temporary, as are required.
WHEREAS, the Board bylaws state “Should a private organization be responsible for
program administration, such arrangements shall be made by contract with the City of
Bozeman.”;
NOW, THEREFORE, the Downtown Bozeman Partnership and City of Bozeman enter
into this Professional Services Agreement defining the administration and management of the
Downtown Bozeman Urban Renewal District.
THIS AGREEMENT is made and entered into this ____ day of ________________ 2023
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of
Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as “City,” and the DOWNTOWN BOZEMAN
PARTNERSHIP, LLC, a limited liability company, with a physical and mailing address of 222
East Main Street #302, Bozeman, MT, 59715, hereinafter referred to as “Contractor.” The City
and Contractor may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit “A” and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
and will terminate on the 30th day of June 2024.
3. Scope of Work: Contractor will provide administrative and management services
to the Board pursuant to the URD FY2024 Work Plan and Budget outlined in the Scope of
Services, Exhibit “A”. For conflicts between this Agreement and the Scope of Services, unless
specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services, Exhibit “A” as the “Downtown Partnership Management Fee”. 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
97
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 3 of 17
charge over and above the amount listed in the Scope of Services. The City must agree in writing
upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage
for all members and employees of Contractor’s business, except for those members who are
exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
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
98
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 4 of 17
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify,
and hold harmless the City, its agents, representatives, employees, and officers (collectively
referred to for purposes of this Section as the City) from and against any and all claims, demands,
actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and without
limit and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional
misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of
the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this
Section must not be 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
99
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 5 of 17
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 both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-
renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice
that any required insurance coverage will be terminated or Contractor’s decision to terminate any
required insurance coverage for any reason.
100
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 6 of 17
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any
terms or conditions of this Agreement, the City may, by written notice, terminate this
Agreement and the Contractor’s right to proceed with all or any part of the work
(“Termination Notice Due to Contractor’s Fault”). The City may then take over the work
and complete it, either with its own resources or by re-letting the contract to any other third
party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for
City’s Convenience”). The termination shall be effective in the manner specified in the
Notice of Termination for City’s Convenience and shall be without prejudice to any claims
that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work,
incurring additional expenses or costs under this Agreement and shall immediately cancel
all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only
such work as may be necessary to preserve, protect, and maintain work already completed
101
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 7 of 17
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 David Fine 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
102
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 8 of 17
purpose of this Agreement shall be Ellie Staley (DBP Executive Director) or such other
individual as Contractor shall designate in writing. Whenever direction to or
communication with Contractor is required by this Agreement, such direction or
communication shall be directed to Contractor’s Representative; provided, however, that
in exigent circumstances when Contractor’s Representative is not available, City may
direct its direction or communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing
and shall be provided to the Representatives named in this Section. Notices shall be
deemed given when delivered, if delivered by courier to Party’s address shown above
during normal business hours of the recipient; or when sent, if sent by email or fax (with a
successful transmission report) to the email address or fax number provided by the Party’s
Representative; or on the fifth business day following mailing, if mailed by ordinary mail
to the address shown above, postage prepaid.
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
103
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 9 of 17
Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol
or illegal drugs, by any employee or agent engaged in services to the City under this Agreement
while on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the
U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that
the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
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.
104
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 10 of 17
18. Non-Waiver: A waiver by either party of any default or breach by the other party
of any terms or conditions of this Agreement does not limit the other party’s right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration
of this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
105
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 11 of 17
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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 DOWNTOWN BOZEMAN PARTNERSHIP
CONTRACTOR
By____________________________ By___________________________
Jeff Mihelich, City Manager Ellie Staley, Executive Director
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, City Attorney
106
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 12 of 17
Scope of Services: Exhibit “A”
Downtown Urban Renewal District
FY2024 Work Plan and Budget
Downtown URD Mission Statement
The Downtown Bozeman Urban Renewal District board (URD) will foster an economically thriving district
that: 1) attracts investment; 2) stabilizes and strengthens the tax base; and 3) supports the vitality and
diversity of the Gallatin Valley as its social and cultural center.
In 1995, the City Commission adopted the Urban Renewal Plan for downtown Bozeman which was
subsequently amended in 2015. The intent and purpose of the Urban Renewal Plan emphasizes:
1. Bozeman’s historical character as a “working” downtown shall be maintained.
2. Traffic movement and access shall be designed with the emphasis on the downtown as a
designation rather than improving the flow of through traffic.
3. The facilitation of private/public partnerships is encouraged in the implementation of the Plan.
4. Objectives shall be accomplished by incentives whenever possible.
5. Private property rights will be respected.
6. Administrative practices shall be conducted in a constructive manner which fosters cooperation.
7. This Plan is further detailed, refined, prioritized and implemented by the “Downtown Improvement
Plan” which outlines specific programs and projects consistent with the Urban Renewal Plan.
The Urban Renewal Plan established nine “Guiding Principles” to provide direction for improving
Bozeman’s historic downtown. The Urban Renewal Study Committee considered the first three principles
more important than the next three with the last three the least important. However, the Committee
deemed all nine principles to be vital to achieving the vision for downtown. Key implementation actions
were identified for each principle (may apply to multiple principles but are only listed once below).
1. Strengthen downtown’s economic vitality
2. Improve the safety, security and health of the district
3. The image of downtown shall be continuously improved
4. Downtown’s accessibility shall be improved
5. “Community Partnership” is fundamental to downtown’s success
6. Downtown’s diversity shall be facilitated
7. The cost of projects and programs shall be weighed against their benefits
8. Downtown shall become more user friendly
9. Cultural activities shall be nurtured and expanded downtown
Downtown URD FY24 Programs, Projects and Initiatives
The Downtown URD anticipates a FY23 year-end balance of $7.2 million and FY24 revenues are
projected to be $1.6 million which totals just under $9 million of funding available for FY24. The proposed
FY24 expenditures and allocated funds total $8.6 million with an estimated FY24 year-end balance of
$225,000. The following work plan and budget outline these projects and projected expenses.
Ongoing DBP/City of Bozeman Operational Support:
Downtown Bozeman Partnership Management Fee (FY23 - $203,500, FY24 - $220,000)
An estimated 8% increase in FY24. The DBP has seen significant rises in health care premiums,
lease rates, energy bills and overall operational costs and this is a needed increase to cover
overall rise in operational costs to the organization and for employee retention.
107
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 13 of 17
City of Bozeman Economic Development Staff Support (FY23 - $56,100, FY24 - $58,100)
This expense helps fund a portion of payroll expenses for City of Bozeman staffing support. This
has looked different over the past two years as digital platforms have been enhanced and the
need for support have shifted. We confirmed that due to the rise in wages and benefits that this
expense was much higher in FY23 than originally anticipated. A small increase is projected for
FY24 with similar city staff support.
Current Encumbered Projects and Programs:
Street Furniture/Streetscape-new purchases (FY23 - $25,000 (FY24 - $50,000)
In FY23 we shifted to tree and tree grate updates based on need. We hired Greenspace to pull,
grind and replant 5 of 11 trees that died during the drought in 2021/22. We also purchased
several new benches and tree guards/grates for redeveloped sites. In FY24 we will continue to
support the City of Bozeman for tree replacement projects that require added engineering or
contract work. We will need also to purchase several new tree guards and grates for the
remaining 8 trees (2 more removed in FY22).
Soroptimist Park/North Black Pocket Park (FY23/Improvements $25,000, FY24/Maintenance
– $25,000)
In FY23 this was intended for future Soroptimist Park planning but was used to complete the
North Black Pocket Park by board decision. Moving forward, I’d propose we combine the ongoing
improvement needs for Soroptimist Park and our now-needed ongoing improvements at the North
Black Pocket Park and seasonal planters. No future large enhancements are planned for
Soroptimist Park, after a minor revamp in 2022 but could be a priority in the future.
Alley Improvement Project & Planning (FY23 - $250,000, FY24 – $300,000)
We are underway with the North Black to Tracy Alley Improvement Project and have completed
initial design plans, hired a design team and project manager. We are finalizing a CCOA with the
city and making plans for an alley-wide trash program and several call for art announcements.
Majority of work is planned for spring 2023, based on project bid interest. The increase in FY24 is
to cover the increased construction costs due to inflation and to allow for additional funding for the
next alley design plans.
Intersection Cable Anchor Repairs (FY23/24 - $25,000)
This is a just-in-case fund, and no large repairs are projected for FY24. These are ongoing and
necessary upgrades, specifically as buildings get redeveloped on those specific corners.
Pedlet/Parklet Project (FY23/Planning - $50,000, FY24/Planning & Infrastructure - $40,000)
The idea of a “parklet” or extension of private use into public sidewalk space has been in
discussion for many years and elevated during covid. We have recently completed a plan that led
us into a “Pedlet” idea rather than a “Parklet” with Downtown Partnership ownership. Most
recently the city staff showed concern with implementing this project due to the loss of parking
and the next steps for support will be to take the plan to the transportation board.
Workforce Housing Project – Fire Station One (FY23/24 - Encumbered $1,600,000)
This is an encumbered expense approved for a project with 50 units of work force housing to be
sold at 120% AMI. The $1.6 million approved for this project will be reimbursed at the certificate
of occupancy and when all of the project conditions have been met. This will likely be reimbursed
after FY24 but will be encumbered until paid or approved project changes.
On-going Programs & Projects in FY24:
URD Grant Programs – The URD grants have been updated to reflect current code updates and
can now be completed online. Continued revisions and updated have bene made to make grants
108
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 14 of 17
relevant. A more aggressive approach to advertise the grants have been done with great results.
A complete revision of the residential and tag assistance grants are scheduled to start in early
spring 2023 and be completed by fall 2023.
Please review and discuss ideas:
• Streetscape Assistance (FY23 - $50,000, FY24 - $50,000)
▪ Make benefits clearer and adjust to current needs including running conduit,
improving water and sewer lines
▪ Add and an Infrastructure Improvement Grants, possibly based on tax projections
over lifetime of DURD, research loan program with City Economic Department
• Fiber Infrastructure Grant (FY23 - $10,000, FY24 - $10,000)
▪ No big changes needed, continue to be used and generally see up to 5
applicants/yr.
• Life-safety Grant (FY23 - $10,000, FY24 - $10,000)
▪ Great investment but only for larger re-development projects, assume 1 per/yr. at
$10K/ea.
• Technical Assistance Grant (FY23 - $50,000, FY24 - $50,000)
▪ Add Art/Social Infrastructure Grant
▪ Add CPTED (Crime Prevention through Environmental Design) Grants – lighting,
cameras, landscape improvements
• Residential Incentive Program (FY2023 - $200,000, FY24 - $200,000)
▪ TWO potential projects seeking support in FY24, 5th and Mendenhall 6-story
residential project, The Scully building converting commercial into residential.
Both in planning stages and hope to complete work in FY24.
Wayfinding and Parking Signage Project – Planning/Infrastructure (FY23 - $40,000, FY24 -
$40,000)
This ranked as a top project on the URD board prioritization exercise to expand and clarify what
amenities and parking are available. This was not completed in FY23 due to the unclear future of
paid parking in downtown. The cost will be an estimated $20,000 for fabrication and installation of
signage, $15,000 for design and planning for the project. Great Falls received a state grant for a
downtown wayfinding plan. I hope to look into this for late FY24.
Downtown Infrastructure & Public Realm Plan (FY23 - $50,000, FY24 $50,000)
To develop plan to enhance Downtown’s identity and ensure public realm developments create a
consistent and sustainable environment, establish framework for near term infrastructure
investments that incrementally build to long term vision, provide path for private investment, while
leveraging limited resources. We were unable to begin this project in FY23 but intend to start
Phase 1 of this plan in FY24. The scope is currently being reviewed.
Side-Streetscape Side-Street Preliminary Engineering (FY23 - $50,000, FY24 - $100,000,
combined projects) - To update and continue planning to extend the streetscape to side streets,
Babcock, and Mendenhall. This could also assist in the development of the design guidelines and
standards project for future downtown development assistance that will include streetscape
updates.
o Design Streetscape Guidelines/Standards
o North Willson Streetscape Project
o South Wallace Asbestos Mitigation/Streetscape
Transportation (FY23/Planning - $50,000, FY24/Improvements - $50,000)
We have recently completed phase 2 of a downtown transportation plan with Sanderson Stewart
that includes short-term infrastructure improvements with a focus on pedestrian safety and
downtown access along Mendenhall and Babcock. We are currently developing a scope with
short and long-term attainable solutions with them and City Public Works and Engineering. We
hope to utilize this plan for some of the suggested safety improvements in FY24.
109
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 15 of 17
Alternative Transportation Projects (FY23/24 - $50,000)
This has been established as an ongoing DURD priority. No projects were completed in FY23 but
there are discussions with the City Public Works department to provide DURD support for the
current Black Avenue Bike Route project. These funds could support the portion of the project
within DURD boundaries.
Employee Paid Parking Permit System (FY23 - $20,000), Revise for FY24 to a Shared-
Use/Parking
Outreach program (FY24 - $20,000)
Employee support, outreach and education around parking and parking management continues
to be a priority as our parking needs change. These allocated funds could be used to help
advertise any changes to the employee parking system, potentially off-set costs to employees for
permitting or for other general implementation costs with a focus on assisting the businesses with
any changes or concerns.
Bozeman Creek (FY23/Improvements - $20,000, FY24/Planning - $20,000)
Educational and artistic project completed in FY23. Continue engineering work in FY24 to look at
flood plan mitigation within downtown. A group has been meeting to discuss next steps and
current documents have been provided to city leadership.
Structured Parking Site Plan, Bids - Planning (FY23 - $1,250,000 FY24 - $1,750,000, 000)
Encumbered funds to support future parking supply infrastructure, increase budgeted amount in
FY24 due to inflation.
Parking Supply – Allocated funds for future project (FY23 - $0, FY24 $3,000,000)
Although “parking supply and infrastructure” has been a DURD priority for many years,
established in both downtown plans and outlined in Resolution 1409. Although funds for the
construction and development for this project have not been formally allocated based on bonding
capacity. Discuss how to allocate these funds or establish documentation for future allocation of
funds once a bond capacity study has been completed.
110
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 16 of 17
Category
FY24
Budget
Income
Starting Cash Balance $7,256,100
Income from TIF
COB Interlocal Share $1,558,200
Entitlement Share State of Montana $57,100
Interest Income $2,100
Other Income
Total Income $8,873,500
Expenses
Operations
DBP Management Fee $220,000
City Economic Development Staff Support $58,100
Total Operations $278,100
Infrastructure Improvements
Street Furniture/Streetscape Improvements & Furniture $50,000
Park Improvements (Soroptimist/NBPP) $25,000
Alley Improvements $250,000
Intersection Cable Anchor Repairs $25,000
Parklet Infrastructure $20,000
Sidestreet Infrastructure Improvements $300,000
Streetscape Assistance Grant Program $50,000
Life-Safety Grant Program $30,000
Fiber-Broadband Infrastructure Grants $10,000
Wayfinding & Parking Signage $15,000
Bozeman Creek Improvements $0
Alternative Transportation Projects $50,000
Streetlamp Power Reconfiguration Project (SILD) $100,000
Workforce Housing Project - Fire Station One $1,600,000
Total Improvements $2,525,000
Planning
Alley Planning $50,000
Parklet Planning/Program $20,000
Technical Assistance Grant Program $50,000
Residential Incentive Grant Program $200,000
Utility Infrastructure Improvements $50,000
Wayfinding Plan Development $25,000
111
Professional Services Agreement for
the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2024
Page 17 of 17
Downtown Infrastructure & Public Realm Plan $50,000
Side-Streetscape Preliminary Engineering $100,000
Downtown Streetscape Design Standards $0
North Willson Streetscape Project $0
Transportation Planning/Improvements $50,000
Parking Management Planning & Infrastructure Support $20,000
Bozeman Creek Planning $20,000
Soroptimist Park Planning $0
Code Amendments $0
DBIP General Implementation $50,000
Structured Parking Informal, Site Plan, Bids $1,750,000
Professional Services Term Contract (parking site analysis) $75,000
Parking Supply - Designated Funds $3,000,000
Total Planning $5,510,000
Parking Structure
Garage Bond Payment $335,000
Total Parking Garage Payments $335,000
Total Expenses $8,648,100
Balance $225,400
112
Memorandum
REPORT TO:City Commission
FROM:Shawn Kohtz, City Engineer
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement for
the Engineering Review Fee Study with BerryDunn
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement for the
Engineering Review Fee Study with BerryDunn.
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:The proposed engineering review fee study is intended to evaluate the fees
collected by the Engineering Division for permits issued by the Division. The
fee study will advise on fee levels appropriate to recoup the cost-of-service
for each of the following permits:
o Public Assembly Permit
o Parade/Run Permit
o Open Container Waiver
o Downtown Sidewalk Encroachment Permit
o Exclusive Use Application
o Film Permit
o Commercial Encroachment Permit
o Residential Encroachment Permit
o Sidewalk/Driveway & Curb cut Permit
o Sign Installation or Change Permit
o Street Cut Application
o Public Right of Way Utility Occupancy Permit
Prior to amending fee levels, City staff will return to the City Commission
with recommended fees for each of the permits.
City staff requested quotes from the three qualified consultants, and
BerryDunn provided the lowest, responsive quote.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the City Commission.
113
FISCAL EFFECTS:The total project cost is $14,785 per the attached City of Bozeman
Engineering Review Fee Study Scope of Services. Funds are included in the
fiscal year 2023 budget per Budget Code 750-4010-431.5010, and the budget
is sufficient for the proposed work.
Attachments:
Professional Service Agreement
Exhibit A
Report compiled on: June 8, 2023
114
Professional Services Agreement for Engineering Review Fee Study Page 1 of 10
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of ,2023
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Berry, Dunn, McNeil & Parker, LLC (dba BerryDunn)
2211 Congress Street, Portland, ME 04102- 1955, 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
attached hereto as Exhibit A. Any alteration or deviation from the described services that involves
additional costs above the Agreement amount will be performed by Contractor after written request
by the City and will become an additional charge over and above the amount listed in the Scope of
Services. The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
115
Professional Services Agreement for Engineering Review Fee Study Page 2 of 10
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
116
Professional Services Agreement for Engineering Review Fee Study Page 3 of 10
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
117
Professional Services Agreement for Engineering Review Fee Study Page 4 of 10
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.
118
Professional Services Agreement for Engineering Review Fee Study Page 5 of 10
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. City shall give Contractor written notice and an opportunity to cure before
this Agreement is terminated for performance.
c. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
d. 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.
e. 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.
119
Professional Services Agreement for Engineering Review Fee Study Page 6 of 10
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 Shawn Kohtz, City Engineer 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 Kevin Price, Project Principal or such other individual as
120
Professional Services Agreement for Engineering Review Fee Study Page 7 of 10
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.
15. 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
121
Professional Services Agreement for Engineering Review Fee Study Page 8 of 10
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.
16. 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.
17. 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.
18. 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.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
122
Professional Services Agreement for Engineering Review Fee Study Page 9 of 10
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. 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.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
123
Professional Services Agreement for Engineering Review Fee Study Page 10 of 10
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. 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.
31. 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 BERRYDUNN
CONTRACTOR
By By
Jeff Mihelich, City Manager Kevin Price, Project Principal
Print Name:
Print Title:
APPROVED AS TO FORM:
By
Greg Sullivan, Bozeman City Attorney
124
berrydunn.com
PROPOSAL
City of Bozeman
Engineering Review Fee Study
BerryDunn
2211 Congress Street
Portland, ME 04102-1955
207.541.2200
Kevin Price, Project Principal
kprice@berrydunn.com
Jesse Myott, Project Manager
jmyott@berrydunn.com
Proposal Submitted On:
May 25, 2023 before 4 p.m.
125
Table of Contents | i
May 25, 2023
City of Bozeman Engineering Division
Attn: Marcy Yeykal
P.O. Box 1230
Bozeman, MT 59771
Submitted via email to myeykal@bozeman.net
Dear Marcy Yeykal:
On behalf of Berry, Dunn, McNeil & Parker, LLC (BerryDunn), thank you for the opportunity to submit this
proposal in response to the City of Bozeman's (COB’s) Request for Proposals (RFP) for an Engineering
Review Fee Study. We value COB as an existing client, having supported multiple projects, including an
effort to assist with a community development fee study and a recreation cost of service analysis. We
appreciate this opportunity to support COB in a new capacity and will leverage our existing relationship to
maximize project efficiencies.
BerryDunn is a nationally recognized independent management and IT firm, headquartered in Portland,
Maine with nine office locations nationally. Focused on inspiring organizations to transform and
innovate, we are a stable and well-established firm that has preserved our core values and reputation for
excellence throughout our 49-year history. We have enjoyed steady growth by providing consistent, high-
quality services to our clients in all 50 states, Puerto Rico, and Canada.
We have a dedicated Local Government Practice Group that works with public-sector organizations like
COB to calculate and assess the costs of providing services to their constituents and commercial
partners. Our Community Development and Utility Operations Practice focuses exclusively on
services such as engineering, public works, planning, permitting, inspections, code enforcement,
licensing, asset management, and work orders.
As COB seeks to reevaluate the fees collected by Transportation and Engineering Department Staff (the
Department), BerryDunn will help establish a solid foundation for understanding COB’s cost to provide
services and help ensure associated fees for services reflect the appropriate level in relation to the full
cost to provide the service. As a result of the breadth and depth of our experience, we bring unique
insights related to reviewing user fees for services like those in-scope for COB and can effectively drive
project success on COB’s requested effort.
As a principal in our Local Government Practice Group, I am authorized to bind BerryDunn to the
commitments made herein. We have read the RFP and understand the conditions it contains. Our
proposal is a firm and irrevocable offer valid for 120 days following the submission deadline of May 25,
2023. If you have any questions regarding our proposal or updates during the evaluation process,
please consider me the City's primary point of contact and contact me directly.
Sincerely,
Kevin Price, MPP, PMP®, Prosci® CCP
2211 Congress Street ǀ Portland, ME 04102
207-541-2379 ǀ kprice@berrydunn.com
126
Table of Contents | i
Table of Contents
1. Firm Overview ......................................................................................................................................... 1
2. Relevant Experience ............................................................................................................................... 2
2.1. Local Government Finance from Multiple Perspectives .................................................................... 2
2.2. References ......................................................................................................................................... 3
3. Project Methodology and Approach ..................................................................................................... 5
3.1. Understanding COB’s Needs ............................................................................................................. 5
3.2. Project Management Methodologies ................................................................................................. 5
3.3. Work Plan ........................................................................................................................................... 7
4. Project Team .......................................................................................................................................... 12
4.1. Roles, Responsibilities, and Qualifications ...................................................................................... 12
5. Project Budget and Schedule .............................................................................................................. 14
5.1. Anticipated Schedule ....................................................................................................................... 14
5.2. Proposed Budget ............................................................................................................................. 15
Appendix A. Resumes .............................................................................................................................. 16
Appendix B. Required Forms................................................................................................................... 20
127
Firm Overview | 1
1. Firm Overview
BerryDunn is a nationally recognized independent management and IT consulting firm focused on
inspiring organizations to transform and innovate. As a Limited Liability Company formed in 1974 with 54
principals and 29 owners, BerryDunn employs more than 800 staff across nine offices.
Our Consulting Services Team has been serving state, local, and quasi-governmental agencies for over
30 years and includes more than 300 staff members. From extensive project experience for more than
400 state, local, and quasi-governmental agencies—including COB— our team brings valuable
perspectives to every engagement. Our firm provides a full range of professional services that supports
our ability to complete tasks outlined by COB on this initiative. These include:
• Cost of Service and Fee Studies
• Business Process Improvement, Reviews,
and Redesign
• Comprehensive/Master Planning
• Enterprise and Departmental Strategic
Planning
• IT Assessments
• IT Strategic Planning
• Leadership and Organization Development
• Organizational, Operational, and Staffing
Analyses
• Organizational Change Management
• Performance Analyses
• Project Assessments and Remediation
• Software Planning and Procurement
• Software Implementation Project
Management and Oversight
Additionally, our team members have prior experience leading state and local government agencies,
providing them with an in-depth understanding of government operations, staffing needs, budgetary
constraints, and the business processes required to provide necessary services to the internal divisions
and the constituents COB serves.
Figure 2 illustrates the overall organization of BerryDunn's Local Government Practice Group. We
provide unparalleled expertise and unique insights across these practices, supporting our clients in
solving some of their biggest challenges and addressing opportunities to improve and plan.
Figure 2: Local Government Practice Group Specialization
As mentioned, BerryDunn’s Community Development and Utility Operations Practice will serve COB
on this initiative. This practice focuses on municipal and county policies, processes, fees, and systems
related to engineering, public works, planning, zoning, permitting, inspections, development services,
code enforcement, land management, work order, and asset management functions and is composed of
industry experts with both firsthand and project experience.
We proudly tailor our projects to recognize the work our clients do every day. We care about what
we do, and we care about the people impacted by our work.
128
Relevant Experience | 2
2. Relevant Experience
2.1. Local Government Finance from Multiple Perspectives
In Table 1, we provide a representative sample our team’s experience conducting fee study, cost
recovery, and cost allocation planning projects for various local government departments across the
country. This well-rounded perspective will bring value to COB as it strategically plans for the coming
years. BerryDunn’s holistic approach will center both COB personnel and the constituents it serves.
Table 1: Sample Experience of Services Provided Across Departments
Department/Service Area Client Work Performed
Community
Development and Utility
Operations
Alachua County, FL Building and Fire Permit Fee Study
City of Bozeman, MT Community Development Fee Review Study
City of Gainesville, FL Building Permit Fee Study
City of Gainesville, FL Fee Schedule Update
City of Dallas, TX Comparative Building Permit Fee Study
City of Fernandina
Beach, FL Building Division Fee Study
City of Homestead, FL Workflow and Comparative Fee Analysis
City of Largo, FL Building Permit Fee Study
City of Tucson, AZ Cost of Service Study and Fee Schedule
Redesign
Manatee County, FL Building and Development Services Fee Study
Sonoma County, CA Fee and Cost Recovery Peer Comparison
Town of Longboat Key,
FL Comprehensive Fee Study
Town of Smithfield, RI Water Rate Study
Town of Smithfield, RI Sewer Rate Study
Travis County, TX Development Review Process and Fee Study
IT City of Irving, TX IT Department Cost Allocation Plan
Citywide City of Villa Park, CA Fee and Rates Charges Study
Parks and Recreation
City of Bozeman, MT Recreation Cost of Service Study
City of Cape Coral, FL Comprehensive Fee Study
129
Relevant Experience | 3
Department/Service Area Client Work Performed
City of Jefferson City,
MO Cost Recovery Study/Plan
City of Ferguson, MO Cost of Service Analysis
City of Grapevine, TX Cost Recovery, Fee Study, and Resource
Allocation Plan
City of Lynchburg, VA Cost of Service Analysis
City of Mesa, AZ Cost of Service Analysis
City of Mobile, AL Cost Recovery Analysis
City of Gilbert, AZ Parks and Recreation Master Plan
City of Raleigh, NC Cost of Service Analysis and Fee Study
City of Sanibel Island, FL Cost of Service Analysis
City of Tampa, FL Fiscal Analysis
City of University Park,
TX Cost of Service Consulting
Granville County, NC Parks and Grounds Cost of Service Analysis
Howard County, MD Fiscal Analysis
Jackson County, MS Cost of Service Analysis
Town of Amherst, MA Cost Recovery and Fee Analysis
Town of Crestwood, CO Cost of Service Analysis
Town of Queen Creek,
AZ Cost of Service Analysis and Fee Study
2.2. References
Below and on the following page, we provide reference information for several clients who can speak to
the quality and satisfaction we deliver on comparable engagements.
Travis County, Texas
Anna Bowlin, Division Director of Development Services
941-748-4501 | anna.bowlin@traviscountytx.gov
Development Review Process, Cost of Service Analysis and Fee Study
12/2020 – 01/2022
Travis County partnered with BerryDunn to review fees and charges and associated revenues
and expenses for each permit and service listed on the Division’s master fee schedule. The focus
of the project was to review all revenue generated from fees for permits and services provided by
130
Relevant Experience | 4
the Division and the identified expenses associated with providing all Division services. This
review allowed the County to make informed policy decisions at the aggregate level, as well as on
each individual permit or service regarding fee levels and revenue generation.
City of Tucson, Arizona
Lynne Birkinbine, Deputy Director of Planning and Development Services
520-837-3708 ǀ lynne.birkinbine@tucsonaz.gov
Planning and Development Services Department Cost of Service Study
07/2017 – 07/2022
BerryDunn has been working with the City of Tucson since December 2017, beginning with the
community development system selection project. Following selection of the preferred software
system, EnerGov, we conducted a cost of service study focused on the City’s Planning and
Development Services Department, Department of Transportation, Building Department, and Fire
Department.
The City of Tucson partnered with BerryDunn to conduct a Planning and Development Services
Department Cost of Service Analysis project. The focus of the project is reviewing all revenue
generated from fees for permits and services provided by the Department and the identified
expenses associated with providing all Department services.
City of Gainesville, Florida
John Freeland, Building Official
352-393-8640 | freelandjc@cityofgainesville.org
Department of Sustainable Development Cost of Service and Fee Study
01/2021 – 06/2022
The City of Gainesville engaged BerryDunn to provide support with updating the methodology
used to calculate building permit fees, land development fees, and other related services
provided by the Department of Sustainable Development’s Building and Planning Divisions, and
to perform a full cost analysis to help ensure the City is recovering the full cost for providing these
services.
We reviewed services, such as building permit and land development intake, build plan review,
building construction inspections, development plan reviews, zoning reviews and inspections,
land reviews and inspections, and processing of other applications to accurately and reasonably
allocate available financial and personnel resources to the services provided. BerryDunn
compiled findings in a final report and cost model.
Findings and recommendations were successfully presented to the City Manager, Builders
Association of North-Central Florida, and the City Commission.
Subsequently, the City engaged BerryDunn to utilize the cost of service findings to develop and
propose and updated master fee schedules to be adopted. The City Commission adopted the
updated fee schedules in June of 2022.
131
Project Methodology and Approach | 5
3. Project Methodology and Approach
3.1. Understanding COB’s Needs
Bozeman is a full-service City, affectionately known in the area as “the most livable place.” Characterized
by its plethora of recreational activities and picturesque mountains, Bozeman is home to approximately
55,000 residents, several hundred of whom are COB employees. As this time, COB seeks a qualified
consultant to determine the cost to provide various engineering services; identify the efficiency of current
cost recovery levels; and recommend methodologies and fee changes necessary to achieve cost
recovery now and in future years.
This is where BerryDunn comes in. Our approach to conducting comprehensive cost of service and fee
studies is rooted in developing a thorough understanding of the processes and personnel currently
utilized by specified departments. Using this data and insight, we will develop a detailed cost model that
identifies, calculates, totals, and allocates allowable direct and indirect costs to all applicable services. We
then recommend methodologies for calculating fees and the amount of each fee.
Additionally, we will leverage our knowledge and experience with COB and our process improvement
expertise to determine the strengths and weaknesses of current service processes. We will interview
select staff and stakeholders as directed—examples of which could be customers, residents, businesses,
and community members—and consider data such as key functions, process flows, time frames, and
duplicative functions. We will then provide recommended improvements.
We will prepare both a Fee Study Report and Fee Study Model in draft form and solicit input from COB
before updating the report and model to final. We will then present our report and cost model findings to
select COB staff, select external stakeholders, and the City Council as directed. We find this presentation
approach allows an opportunity for staff, stakeholders, and Council members to ask any final questions,
provide additional feedback, and establish a higher level of buy-in, helping ensure the long-term success
and adoption of the fee study recommendations.
We understand what is being requested by COB and agree to provide the services necessary to
achieve the goals and objectives of this project.
3.2. Project Management Methodologies
To help ensure that project objectives are met, and initiation and completion of project work are
conducted in a timely manner, each BerryDunn project is led by an experienced project manager who
understands and utilizes project management best practices. In terms of COB’s project, Jesse Myott will
lead the requested work effort. Jesse has served as project manager for numerous fee study projects,
including our prior work with the City, and will help ensure the success of the City’s in-scope engagement.
Our Consulting Services Team employs project management best practices from PMI®’s A Guide to the
Project Management Body of Knowledge Guide (PMBOK® Guide), Version Seven. Figure 3, on the
following page, illustrates the standards of project management as defined by performance
domains and project delivery principles that are critical for effective delivery of project outcomes.
132
Project Methodology and Approach | 6
Figure 3: Project Management Life Cycle
Change Management Methodology
Stakeholders’ willingness to adopt new processes and tools plays a significant role in the success—or
failure—of fee study projects. BerryDunn has observed resistance to change in virtually all our
engagements. As such, our project management approach is carefully integrated with change
management methodologies to promote buy-in and consensus for the project, and we will work with you
to proactively address resistance by:
• Engaging stakeholders at the right level throughout the project—from initial planning through
implementation—to build understanding for the need for change and gain support from the people
who will be using the future solutions and who are most familiar with current processes
• Developing and executing a communications plan that considers the information needs of each
stakeholder group
• Documenting business processes and working with stakeholders to understand how their work
will be performed in the future environment
We have adopted the Prosci® change management methodology and trained over 100 consultants to
become Prosci® Certified Change Practitioners (CCPs), including our proposed principal and
project manager.
A central focus of the Prosci® change management approach is the belief that, for change to work in an
organization, individuals must be willing to change and understand change. Additionally, according to
research conducted by Prosci®, the likelihood of project success increases significantly and in alignment
with the level of change management focus applied to the project.
133
Project Methodology and Approach | 7
3.3. Work Plan
BerryDunn strives to be flexible when it comes to developing and executing an effective work plan. We
understand that no two projects are exactly alike, and our past clients have appreciated our willingness to
adapt to their needs. This mindset plays a foundational role in how we measure the success of our
portfolio of similar projects.
Our approach to preparing COB’s fee study is outlined below and designed to incorporate consistent
project management best practices with each of COB’s key deliverables and tasks. Our intent is to work
with staff to help ensure we make the best use of your time. Ultimately, consistent collaboration can help
promote buy-in and understanding for final recommendations.
You can expect our approach to include the following attributes:
• A methodology based on our extensive experience conducting similar cost of service, cost
recovery, and fee studies
• Quality assurance processes that incorporate COB review and approval of all deliverables
• Built-in project management best practices that focus on keeping the project on time, on budget,
and progressing at a healthy pace for COB stakeholders to give input in the information gathering
and fact-finding process and understand final recommendations
Figure 4 presents an overview of our proposed approach to completing COB’s desired scope of work.
Figure 4: BerryDunn's Proposed Approach
Below and on the following pages, we present a detailed breakdown of our approach to conduct the
requested fee study. BerryDunn strives to be flexible when it comes to developing and executing an
effective project plan. We understand that no two projects are exactly alike, and our past clients have
appreciated our willingness to adapt to their needs.
PHASE 0
Project Initiation and Management
To establish a strong foundation for the project and help ensure a high-level of quality and
communication throughout the engagement, we will utilize project management best practices based
on PMI®’s PMBOK® Guide and our experience conducting similar projects with municipal and county
engineering, building and development, and public works departments throughout the country.
COB can expect our team to complete the following project activities:
134
Project Methodology and Approach | 8
PHASE 0
Project Initiation and Management
Thorough project planning, including an initial planning teleconference between
BerryDunn’s team and applicable staff to confirm project goals, objectives, and
expectations
Virtual kickoff meeting; following the initial planning call, we will conduct a virtual kickoff
meeting with COB’s project team and identified stakeholders to discuss in greater detail the
relationship of the current fees and charges environment, current cost recovery levels and
targets, and current citywide goals and initiatives
Development of a detailed Project Work Plan and Schedule reflecting our proposal. Based
on the information gathered from our initial project planning call and virtual/on-site kickoff
meeting (most effective approach to be determined in conjunction with COB’s project team),
we will develop the Project Work Plan and Schedule. This will outline the tasks, timelines,
and identified milestones
Documentation and data review, including but not limited to current fee schedules, lists of
existing permit and service types and annual volume, revenue and expenditure budgets and
reports, detailed revenue reports by permit or service type, organizational chart(s) and
staffing rosters, personnel salary and benefit data, and other documentation deemed
important to the study
Biweekly Project Status Meetings, which will describe activities and accomplishments for the
reporting period, risk mitigation, deliverable reviews, scheduling discussions, and more
Deliverable 1: Project Work Plan and Schedule
Deliverable 2: Biweekly Project Status Updates
PHASE 1
Cost of Service Analysis and Fee Analysis
During Phase 1, our project team will interview staff and stakeholders virtually and review applicable
fee schedules and budgets. We will use this information to assess Engineering and Public Works
Support Services related to the Department’s current fees and charges environment. We will examine
the customer service culture, perform a personnel analysis, and develop an initial cost model. Our goal
will be to identify key direct and indirect resources related to Department service delivery. We will then
project cost recovery per applicable division, per service category, and where applicable for each
specific service the Department provides. We will develop recommendations and recommend fees
consistent with identified revenue requirements and cost recovery targets established in conjunction
with staff and stakeholders.
COB can expect our team to complete the following project activities:
Interview staff and stakeholders virtually
Review applicable fee schedules
Review applicable operating and capital budgets
Review revenue and expenditure reports (actuals)
135
Project Methodology and Approach | 9
PHASE 1
Cost of Service Analysis and Fee Analysis
Perform a personnel review
Project the full cost for providing services
Project the full cost for providing services by specific department/division, service category,
and/or specific service
Recommend methodologies for calculating fees and the amount of each fee to satisfy revenue
requirements and cost recovery targets
Recommend where it is not feasible to recover the full cost of providing a service and also
identify those instances where full cost recovery is attainable
Recommend fee for services the Department is currently providing but for which no fee is
currently assessed
Figure 5, below, provides an overview of the information our project team will gather and how that will
funnel into a cost model to determine cost of services. Figure 5 may not be inclusive of, or applicable
to, all information reviewed and analyzed.
Figure 5: Cost of Service Graphic
Deliverable 3: Cost of Service Analysis and Fee Study
PHASE 2
Recommendations, Fee Schedule Structure Considerations, and
Peer Comparisons
Utilizing the Cost of Service Analysis and Fee Study developed in Phase 1, our project team will
identify and prioritize necessary changes to fee calculation methodologies and fee schedule structure
and cost allocations, develop initial recommendations, and outline any additional, applicable areas
136
Project Methodology and Approach | 10
PHASE 2
Recommendations, Fee Schedule Structure Considerations, and
Peer Comparisons
where improvements should be considered. We will review findings, priorities, and recommendations
with internal and external stakeholders during two virtual workshops.
COB can expect our team to complete the following project activities:
Facilitate virtual workshops
Validate fee schedule structure, fee calculation methodology, and full-cost allocation
methodology
Where appropriate, demonstrate best practices and methodologies related to service
delivery
Identify other deficiencies and areas for improvement
Develop recommendations, priorities, and implementation strategies
Provide additional consultative recommendations
Survey up to five comparable cities/counties/towns to assess current and recommended fee
levels, fee structure, service delivery structure, workloads and service volumes, and the fiscal
environments related to similar core services peers provide.
Deliverable 4: Recommendations, Fee Schedule Structure Considerations, and Peer Comparisons
PHASE 3
Draft Findings and Recommendations
We will prepare a Draft Cost of Service and Fee Study Report, which we will share with staff and
applicable stakeholders as directed. We will solicit feedback and discuss, document, and include
desired modifications. We find that by sharing our initial findings and report with staff and stakeholders,
we can establish consensus, build buy-in, and promote the long-term success of the recommendations
and changes. Additionally, we will provide COB with the draft cost of service model in an easily
accessible Microsoft Excel format.
COB can expect our draft findings and recommendations to include the following:
Full-cost analysis and fee study findings related to the current fiscal and service
environment
Revenue and expense allocations to services related to the current fiscal and
service environment
Revenue requirement estimates and revenue projections for three fiscal years
Expense requirement estimates and expense projections for three fiscal years
Cost recovery targets
Fee design and calculation recommendations
Updated fee schedule(s) – structure and levels where applicable
Our review, analysis, and development of full-cost allocations for projected direct
and indirect costs related to internal service delivery
Additional, applicable findings and recommendations
Deliverable 5: Draft Cost of Service and Fee Study Report
137
Project Methodology and Approach | 11
PHASE 4
Final Findings and Recommendations
As final project closeout and knowledge sharing activities, we will apply edits to the Final Cost of
Service and Fee Study Report, incorporating COB’s feedback. We will review final project deliverables
with staff and applicable stakeholders virtually, as directed. We find that involving staff in preparation of
the final documents helps to transfer knowledge and helps ensure the successful implementation of the
final recommendations.
COB can expect our team to complete the following project activities:
Update the Cost of Service and Fee Study Report and Cost of Service and Cost Allocation
Model to final
Provide a single PDF file of the report and Microsoft Excel version of the cost model
Provide training to Department staff on the use of cost allocation model so that staff can
independently update the model in subsequent years as needed
Optional: Present final project deliverables to the Department
Optional: Present final project deliverables to the City Council if desired
Deliverable 6: Final Cost of Service and Fee Study Report
Deliverable 7: Final Cost of Service and Cost Allocation Model
Deliverable 8: Final Presentations (Optional)
138
Project Team | 12
4. Project Team
Our team members bring valuable perspectives from their experiences providing project planning, project
management, business process improvement services, fee studies, and more. Figure 6 illustrates our
team organization and leadership.
Figure 6: BerryDunn Team Organization
4.1. Roles, Responsibilities, and Qualifications
Below and on the following pages, we provide details of our project team members’ roles, responsibilities,
and qualifications as it relates to COB’s requested services. Our project team members’ full resumes
are included in Appendix A for COB’s further review and consideration.
Kevin Price, MPP, PMP®, Prosci® CCP | Project Principal
Kevin is a principal in our Local Government Practice Group. He leads our Community
Development and Utility Operations Practice, assisting local government clients with fee
analysis, business process improvement, system selection, and implementation projects.
He also leads our Technology Management Practice focused on assisting local government clients with
IT assessments and strategic planning projects. A certified Project Management Professional® (PMP®),
Kevin has extensive experience in assessing the business needs and processes of municipal clients for
permitting, inspections, planning, code enforcement, and land management functions. Kevin is also a
Lean Six Sigma Green Belt, allowing him to continuously define, measure, analyze, improve, and control
projects and environments for his clients. Further, Kevin has experience working with COB on a fee
review study.
As the project principal, Kevin will:
Have overall responsibility for the services we have proposed to COB
Help ensure the commitment of our firm and appropriate resource allocation
Review and approve all deliverables in accordance with BerryDunn’s quality assurance
processes
139
Project Team | 13
Jesse Myott, MA | Project Manager
Jesse is a manager in our Local Government Practice Group. He has over a decade of
public-sector experience, focusing on supporting local governments with operating and
capital improvement budget development and management; special fund accounting,
revenue and expenditure forecasting; customer valuation; and cost of revenue analyses for municipal
programs and services. Jesse has led multiple cost of service and cost allocation projects for local
governments from California to Massachusetts and has conducted fee studies for community
development departments in COB as well as the Cities of Fernandina Beach, Largo, and Gainesville,
Florida, and Travis County, Texas.
As the project manager, Jesse will:
Build and maintain a productive relationship
with COB
Serve as COB’s primary point of contact
Lead our work and perform day-to-day project
management and staff oversight
Lead the analysis and development of project
deliverables
Develop and maintain the Project Work Plan
and Schedule
Provide subject matter expertise
Fred Turnier, MPA, AICP, Prosci® CCP | Subject Matter Expert
Fred is a manager in BerryDunn’s Local Government Practice Group. He is an AICP-
certified former community development director and city planner. He has more than 25
years of experience working with local government agencies on projects related to fee
studies, cost recovery analyses, business process improvement, policy analysis and development, and
system design and implementation. He provided similar fee study services to COB, as well as the City of
Tucson, Arizona; City of Dallas, Texas; the City of Fernandina Beach, Florida; and Town of Longboat
Key, Florida.
As the subject matter expert, Fred will:
Leverage his experience as a municipal community development director and knowledge of fee
study and cost recovery best practices to provide expertise on in-scope services and
assessment of fees.
Davianna Humble | Business Analyst
Davianna is a consultant in our Local Government Practice Group and an expert in public
sector budgeting and management analysis. In prior public sector roles, she has managed
$1 billion operating and $400 million capital budgets, reviewed funding requests, helped
ensure funds were used in alignment with established strategies and expected outcomes, and provided
programmatic counsel and analytical support to assist various departments. Davianna applies a solutions-
oriented, customer-focused lens to all her work and is skilled at conveying budgeting recommendations to
leadership and community members.
As the business analyst, Davianna will:
Support the development of project deliverables
Lead the review of existing documents and data
Synthesize findings.
140
Project Budget and Schedule | 14
5. Project Budget and Schedule
5.1. Anticipated Schedule
Table 5 presents a high-level overview of our proposed 10-week project schedule. We are happy to
adjust this schedule to best accommodate the City’s needs, as appropriate.
Table 5: BerryDunn’s Proposed Timeline
Phase / Week 1 2 3 4
Phase 0: Project Initiation and Management
Initial meeting to refine scope ●
Phase 1: Cost of Service Analysis and Fee Analysis
Staff interviews ● ● ●
Phase 2: Recommendations, Fee Schedule
Structure Considerations, and Peer Comparisons
Staff interviews ●
Phase 3: Draft Findings and Recommendations
Initial draft of fee study report ●
Phase 4: Findings, Recommendations, and
Presentation
Final draft of fee study report, council
presentation, revisions, staff training
●
141
Project Budget and Schedule | 15
5.2. Proposed Budget
Our proposed fixed fee to complete our proposed work plan is broken down by phase in Table 2. We
welcome the opportunity to review these costs based upon any feedback related to our work plan. Our
fees are based on our experience conducting projects of similar size and scope, and the assumption that
satisfying a deliverable is based on COB’s signed acceptance. We have proposed to complete this
project virtually. If on-site trips are required, we will bill COB for travel expenses as incurred.
Table 2: BerryDunn’s Proposed Fees by Phase and Deliverable
Phase Cost
Phase 0: Project Initiation and Management $2,940
Phase 1: Cost of Service Analysis and Fee Analysis $3,675
Phase 2: Recommendations, Fee Schedule Structure Considerations, and Peer
Comparisons $2,940
Phase 3: Draft Findings and Recommendations $1,470
Phase 4: Final Findings and Recommendations $1,960
Proposed Cost $12,985
*Estimated Travel $1,800
*Travel will only be billed as incurred
142
Appendix A. Resumes | 16
Appendix A. Resumes
Kevin Price, MPP, PMP®, Prosci® CCP
Project Principal
Kevin is a principal in BerryDunn’s Local Government Practice Group. He leads
our CDUO Practice, assisting local government clients with fee study, business
process improvement, system selection, and system implementation projects.
Relevant Experience
Fee Studies: Kevin has assisted BerryDunn clients with cost of service and comparative fee
analysis projects. Kevin previously led a fee review study project with COB. He is currently serving
as the Project Principal for our cost of service fee study for Alachua County, Florida.
Process Analysis and Improvement: Kevin has assisted BerryDunn clients with process
improvement projects as part of system replacement projects and as standalone projects. Kevin has
previously led the process improvement projects with the Cities of Rockville, Maryland; Alexandria,
Virginia; Philadelphia, Pennsylvania; and Frisco, Texas.
Project Management: Kevin has managed projects for some of BerryDunn’s most complex local
government clients. He previously managed BerryDunn’s Municipal Street Addressing and Right-of-
Way Permitting and Code Violation System Assessment Projects for the City of Philadelphia and the
Comparative Fee Analysis Project for the City of Dallas, Texas. Kevin is also overseeing our current
system selection project with the City’s Housing and Revitalization Department.
Selected Local Government Clients
• City of Beaverton, OR
• City of Boca Raton, FL
• City of Bozeman, MT
• City of Dallas, TX
• City of Detroit, MI
• City of Farmers Branch, TX
• City of Fernandina Beach,
FL
• City of Fredericksburg, VA
• City of Frisco, TX
• City of Gainesville, FL
• City of Grand Prairie, TX
• City of Irvine, CA
• City of Philadelphia, PA
• City of Plano, TX
• City of Tucson, AZ
• City of Wilmington, NC
• Lake County, IL
• Outagamie County, WI
• Scott County, IA
• Travis County, TX
• Town of Longboat Key, FL
Education and Memberships
Master’s in Public Policy and Management, Concentration in Financial Management, University of
Southern Maine
BA, Economics and Political Science, University of Maine
Project Management Professional® (PMP®), Project Management Institute®
Prosci® Certified Change Practitioner
Lean Six Sigma Green Belt Certified
City of Westbrook, ME Planning Board – Member, 2023 – 2024
City of Westbrook, ME Sewer Commission – Member, 2021 – 2023
143
Appendix A. Resumes | 17
Jesse Myott, MA
Project Manager
Jesse is a manager in our Local Government Practice Group. He brings over a
decade of public-sector experience, focusing on supporting local governments
with operating and capital improvement budget development and management;
special fund accounting, revenue and expenditure forecasting; customer
valuation; and cost of revenue analyses for public-sector programs and services. Jesse has led
multiple cost of service and fee study projects for local governments across the country.
Relevant Experience
Fee Studies: Jesse has authored highly complex and sensitive fee studies, created detailed subsidy
analyses, and developed cost recovery models as well as water and sewer rate setting models for a
number of municipalities across the country, most recently for Travis County, Texas, Tucson,
Arizona, and Gainesville and Largo, Florida. Jesse also worked with COB on a fee study review
project.
Business Process Analysis: Jesse is an experienced municipal finance and management
professional with over a decade of experience serving in many areas of local government both as an
analyst and in senior management roles. His municipal business process knowledge extends
through city administration, public works, water delivery and waste collection services, solid waste
collection, public safety, economic development and redevelopment, library and recreation services,
human resources, capital improvement program development, facility planning, compensation and
benefits analysis, and citywide operating budget planning, monitoring and delivery.
Finance: Jesse brings over a decade of public-sector experience. In addition to being an adept
municipal finance professional, Jesse is particularly accomplished in the areas of public works and
engineering budget development and delivery as well as capital improvement project budget
development and delivery.
Utilities Operations: Jesse has years of utility operations experience, specifically in the area of
water and sewer utility management: operating and capital improvement budget development and
delivery, rate setting, water distribution infrastructure finance planning and collection infrastructure
finance planning.
Select Local Government Clients
• City of Bozeman, MT
• City of Cape Coral, FL
• City of Fernandina Beach, FL
• City of Gainesville, FL
• City of Largo, FL
• Manatee County, FL
• City of Villa Park, CA
• Hamilton County, IN
• Tucson, AZ
• Travis County, TX
Education and Memberships
AS, Champlain College
BA, History, University of Rhode Island
MA, History, San Francisco State University
California Society of Municipal Finance Officers (CSMFO) (former)
Municipal Management Association of Northern California
(MMANC) (former)
Presentations
Massachusetts Recreation
and Park Association
(MRPA) Annual Conference
Speaker 2015 – Cost
Recovery Methods
144
Appendix A. Resumes | 18
Fred Turnier, MPA, AICP, Prosci® CCP
Subject Matter Expert
Fred is a manager with more than 25 years of experience working with local
government agencies and extensive experience assisting public-sector entities
with project management and development services, business process
improvement, fee and cost recovery analysis, system design and
implementation, and policy analysis and formation. He focuses in the areas of community
development, planning, building, inspections, code enforcement, business licensing, housing and
homelessness issues, land management, utilities, and infrastructure planning.
Relevant Experience
Fee Studies: Fred has worked with several local government building and development
departments to help determine their true cost of service. He has provided services similar to those
requested for the City of Bozeman, Montana; City of Tucson, Arizona; City of Fernandina Beach,
Florida; City of Dallas, Texas; and the Town of Longboat Key, Florida.
Community Development: Fred’s extensive background in local government community
development leadership positions affords him knowledge of technology, best practices, and common
challenges in the field. He has served as community development or planning director for multiple
cities, including Reno and Fernley, Nevada. His background includes technical and management
oversight of planning, building, code enforcement, business licensing, code enforcement,
inspections, housing programs, and homeless services.
Business Process Improvement: Fred has extensive experience providing business process
improvement services across many departments, including public works and parks and recreation.
Many projects involve identifying business processes that overlap departments, services,
classifications/ compensations for staff, and performance metrics. Fred has helped to identify
efficiencies and best management practices, including written workflow assessments, performance
metrics identification, and long- and short-term improvement recommendations development.
Selected Local Government Clients
• City of Beaverton, OR
• City of Boca Raton, FL
• City of Bozeman, MT
• City of Dallas, TX
• City of Fernandina Beach,
FL
• City of Frisco, TX
• City of Irvine, CA
• City of Philadelphia, PA
• City of Santa Fe, NM
• Pitkin County, CO
• Sonoma County, CA
Education and Memberships
Master’s in Public Administration (MPA), University of Nevada, Las Vegas
BA, Economics and Geography, University of Nevada, Reno
Certified Planner, American Institute of Certified Planners (AICP)
Member, American Planning Association
Prosci® Certified Change Practitioner (CCP)
145
Appendix A. Resumes | 19
Davianna Humble, CSM
Business Analyst
Davianna is a consultant in our Local Government Practice Group and an
expert in public sector budgeting and management analysis. Prior to joining
BerryDunn, she worked with Wake County, North Carolina, and Douglas
County, Kansas to provide programmatic counsel and analytical support to
assist various departments in achieving their goals and objectives. Davianna has evaluated funding
requests, provided data-driven program recommendations, monitored $1 billion operating and $400
million capital budgets, and helped ensure funds were used in alignment with established strategies
and expected outcomes.
Relevant Experience
Business Analysis: As a management analyst, Davianna has assisted and collaborated with
various departments—ranging from public safety to parks and libraries—to provide analytical support
and data-driven, customer-focused recommendations. She has tracked local, state, and federal
policies to evaluate their impact on operations and to ensure compliance with external laws and
regulations, and she is skilled at developing persuasive written and oral communication to convey
analysis and recommendations.
Budgeting: Davianna’s experience includes evaluating funding and program requests for operating
and capital budgets, developing alternatives in collaboration with department staff, and
recommending prioritized strategic options through an annual budget development process. She
was responsible for $1 billion in operating and $400 million in capital budgets and worked with
multiple departments and outside agencies to ensure appropriate distribution of funds. She is also
skilled at formulating budget narratives to help convey key points and decision factors to the public.
Training and Development: Davianna previously assisted in a human services building restructure
initiative, which included a tenant questionnaire, remapping the facility, and creating a summary of
facility costs. Additionally, she updated a handbook to orient newly elected government officials to
frequently asked questions and provide pertinent contact information.
Human Services: Davianna has contributed to anti-poverty workgroups aimed at developing
systems-based solutions to reducing poverty and discrimination; coordinated with emergency
management staff and volunteers to assess unmet resident needs after natural disasters and
connect residents with resources; and published an article on efforts to address human trafficking
within the State of Kansas.
Education and Memberships
Master of Public Administration, University of Kansas
Certified ScrumMaster, Scrum Alliance
146
Quotes for 2023 Engineering Fee Study
ATTACHMENT A: NON-DISCRIMINATION AFFIRMATION FORM
[name of entity proposing] 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 in the performance of
work performed for the City of Bozeman, if a contract is awarded to it, and also recognizes the eventual
contract, if awarded, will contain a provision prohibiting discrimination as described above and that this
prohibition shall apply to the hiring and treatment of the [name
of entity proposing] employees and to all subcontracts it enters into in the performance of the
agreement with the City of Bozeman.
Signature of Proposer:
Person authorized to sign on behalf of the proposer
Appendix B. Required Forms
147
Memorandum
REPORT TO:City Commission
FROM:John Henderson - Strategic Services Director
Max Ziegler - Facilities Project Coordinator
Aaron Tolhurst - Facilities Service Worker
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Mountain Alarm - Bozeman for City Hall Security Alarm
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with
Mountain Alarm - Bozeman for City Hall Security Alarm.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The existing security and alarm system at City Hall has become obsolete and
the panic button system is not longer able to be updated. To ensure the
safety of city staff, the public, and the City Commission, the system must be
updated to maintain reliable security coverage for the building.
The new system will include two touch screen alarm panels, motion sensor
capabilities, and 20 remote panic button fobs. The updated system will be
more user friendly and brings additional capabilities to send email alerts to
staff in the event that a panic button is activated. An automatic dialer will be
installed which uses cell phone networks over phone hard lines for greater
reliability. Additionally the new system will allow enhanced monitoring and
remote control access.
Mountain Alarm had installed our previous system, and thus were solicited
to install the updated equipment. The contracted amount was under $5,000
and received directors approval.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by City Commission.
FISCAL EFFECTS:The fiscal effects of this contract will total $4,829.75, which will include all
materials and labor as well as one (1) year of monitoring services.
Attachments:
148
PSA - City Hall Security Alarm.pdf
Report compiled on: June 12, 2023
149
Professional Services Agreement for City Hall Security Alarm
Page 1 of 10
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, Mountain Alarm – Bozeman, 3228 Centennial Dr.,
Helena, Mt 59601, 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 27th day of June, 2024, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
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,
150
Professional Services Agreement for City Hall Security Alarm
Page 2 of 10
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
151
Professional Services Agreement for City Hall Security Alarm
Page 3 of 10
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
152
Professional Services Agreement for City Hall Security Alarm
Page 4 of 10
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.
153
Professional Services Agreement for City Hall Security Alarm
Page 5 of 10
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
154
Professional Services Agreement for City Hall Security Alarm
Page 6 of 10
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 Aaron Tolhurst 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 Jake Allen, Branch Manager or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
155
Professional Services Agreement for City Hall Security Alarm
Page 7 of 10
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.
15. 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).
156
Professional Services Agreement for City Hall Security Alarm
Page 8 of 10
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.
16. 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.
17. 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.
18. 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.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
157
Professional Services Agreement for City Hall Security Alarm
Page 9 of 10
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. 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.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
158
Professional Services Agreement for City Hall Security Alarm
Page 10 of 10
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. 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.
31. 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 ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
159
EXHIBIT A
160
161
162
163
164
Memorandum
REPORT TO:City Commission
FROM:Aaron Tolhurst, Facilities Service Worker
Lance Dennis, Facilities Service Worker
Max Ziegler, Facilities Project Coordinator
Jon Henderson, Strategic Services Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Mountain Alarm - Bozeman for Bozeman Public Library Security Alarm
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
Mountain Alarm - Bozeman for Bozeman Public Library Security Alarm.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Currently the existing security and alarm system at the Bozeman Public
Library has become obsolete and the system is no longer able to be updated.
To ensure the safety of city staff and the public, the system must be updated
to maintain a reliable security coverage for the building. The new system will
include one touch screen panel, an control panel, and 10 remote panic
button fobs. This entire new system will be more user friendly and brings
additional capabilities to send email alerts to staff in the event that a panic
button is activated. An automatic dialer will be installed which used cell
phone networks over phone hard lines for greater reliability. Additionally to
the new system will allow enhanced monitoring and remote control access.
The contracted amount was under $5000 and received directors approval.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by City Commission
FISCAL EFFECTS:The fiscal effects of this contract will total $4457.54, which will include all
materials, labor, and Three (3) years of monitoring services.
Attachments:
Library Security Alarm.pdf
Report compiled on: June 13, 2023
165
Professional Services Agreement for Bozeman Public Library Security Alarm
Page 1 of 10
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, Mountain Alarm – Bozeman, 3228 Centennial Dr.,
Helena, Mt 59601, 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 27th day of June, 2026, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements 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,
166
Professional Services Agreement for Bozeman Public Library Security Alarm
Page 2 of 10
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
167
Professional Services Agreement for Bozeman Public Library Security Alarm
Page 3 of 10
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
168
Professional Services Agreement for Bozeman Public Library Security Alarm
Page 4 of 10
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.
169
Professional Services Agreement for Bozeman Public Library Security Alarm
Page 5 of 10
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
170
Professional Services Agreement for Bozeman Public Library Security Alarm
Page 6 of 10
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 Aaron Tolhurst 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 Jake Allen, Branch Manager or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
171
Professional Services Agreement for Bozeman Public Library Security Alarm
Page 7 of 10
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).
172
Professional Services Agreement for Bozeman Public Library Security Alarm
Page 8 of 10
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
173
Professional Services Agreement for Bozeman Public Library Security Alarm
Page 9 of 10
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.
174
Professional Services Agreement for Bozeman Public Library Security Alarm
Page 10 of 10
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 ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
175
EXHIBIT A
176
177
178
179
180
Memorandum
REPORT TO:City Commission
FROM:Renata Munfrada, Community Housing Program Coordinator
David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with
Human Resource Development Council District IX for Community Housing
Program Management
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign Professional Services Agreement with Human
Resource Development Council District IX for Community Housing Program
Management
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The Human Resource Development Council of District IX (HRDC), through a
Professional Services Agreements with the City of Bozeman, works to
counsel and qualify buyers of affordable housing with the HUD Certified
Homebuyer Education Class. HRDC also offers pre-purchase counseling,
analyzes buyer qualifications, manages marketing, and record keeping. HRDC
will also monitor and manage for long-term affordability on deed restricted
homes. HRDC's Community Development Director (CDD) works closely with
City staff to provide additional capacity regarding affordable housing best
practices and updated program guidance. The CDD helps staff respond to
housing developers and nonprofits, and assists citizens seeking affordable
housing resources with information and access to services. The CDD also
works to build a more sustainable community by focusing on the
relationships between affordable housing, economic and workforce
development, and transportation systems within the city. The CDD connects
City staff to agency data relevant to creating and updating the City of
Bozeman Consolidated Plan.
This Professional Service Agreement with HRDC was approved by the City
Commission on June 13, 2023 with only the scope of work attached. The
item has been corrected to include the contract.
181
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:The Professional Services Agreement with HRDC, in the amount of $60,000,
will come out of the Community Housing Program FY23 budget.
Attachments:
First Amendment for Community Housing Program.pdf
Scope of Services for Community Housing Program 23-24.pdf
Report compiled on: June 5, 2023
182
First Amendment to Professional Services Agreement for Community Housing Program FY 2023 – FY 2024 Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Community Housing Program dated August 23, 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 Human Resource
Development Council of District IX (HRDC), 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 2 of the Agreement is extended for an additional one (1) year
period. The Agreement shall terminate on June 30, 2024.
2. Updated Scope of Services: The attached scope of service will provide the price for
services breakdown to govern the extended term.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
183
First Amendment to Professional Services Agreement for Community Housing Program 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 HRDC
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name: Heather Grenier
Title: President / CEO
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
184
Professional Services Agreement for Community Housing Program
Scope of Services July 1, 2023, to June 30, 2024
HUD Certified Homebuyer Education Class – $20,000
HRDC will provide a minimum of 18 homebuyers' classes in the City of Bozeman annually.
HRDC's homebuyer’s education course provides an important first point of entry for many
residents seeking affordable ownership and is a requirement of all potential homebuyers in the
City of Bozeman's Affordable Housing Program. HRDC will provide an 8-hour comprehensive
homeownership education course directed by a HUD-approved housing counselor. Topics
covered will include advantages and disadvantages of home ownership, assessing
homeownership readiness, understanding credit, managing finances, the mortgage process,
programs for first-time home buyers, shopping for a home, lender, and a realtor, closing the deal,
home maintenance, and post purchase concerns. HRDC will provide the course free of charge
and allow all interested potential homebuyers to attend. The Homebuyer Education Class
schedule and instructions for attending will be published on HRDC's website, and via HRDC's
social media channels. It will also be sent by email to industry partners. A course flyer and
schedule are also inserted into internal and external newsletters distributed by HRDC.
Pre-Purchase Counseling, Buyer Qualification, Marketing, and Record Keeping – $20,000
Pre-purchase counseling: HRDC's HUD-certified counselors will provide pre-purchase counseling
on an individual basis to all persons interested in becoming buyers qualified to purchase a home
using City and other related programs. HRDC's pre-purchase counseling will help potential buyers
better understand their specific home buyer readiness and identify any barriers to successful and
sustainable home ownership. HRDC will assist potential buyers with budgeting, credit, home
search, financing, low- interest loan and other subsidy programs, home care and maintenance,
purchase procedures, closing, RESPA, loan document review services, terms, and other necessary
aspects to purchasing a home. As part of the initial counseling session, HRDC will provide all
participants in the counseling session with HUD required materials and disclosures.
Buyer Qualification: During pre-purchase counseling, HRDC will evaluate potential buyers for
eligibility for possible down payment assistance and secondary lending opportunities which may
be available locally through the City of Bozeman's Community Housing Program and the HOME
Program Homebuyer Assistance Program in partnership with the Montana Department of
Commerce.
Qualified Home Buyer Pool: HRDC will maintain a pool of potential qualified home buyers for
income brackets as agreed upon with City staff upon review of potential projects. HRDC will notify
qualified potential buyers of new home ownership opportunities as they are made available and
work with developers of housing to help them understand the needs and resources of households
185
on the list. HRDC will also partner with developers and builders to develop affordable housing
plans for submittal to the City.
Mechanism Monitoring/Management for Long-term Affordability – $11,000
HomeKeeper System Management, Maintenance, and Data Sharing
HRDC will provide and maintain a license for HRDC and the City to use HomeKeeper software (or
such alternate software program City consents to in writing) to track applicant eligibility data,
and demographics. City's license to use the software must allow the City to access information
related to the home buyers, and other records HRDC is required by this Agreement to provide to
the City that are stored in the software program. HRDC represents and warrants it has the right
under its software license for the City's use of the software as described in this Agreement, and
City's use will not infringe on the rights of any third party.
Loan Origination/Deed Restriction/Lien Documents
HRDC will provide trained professionals to work with local real estate agents, lenders, and title
agents to ensure that the home purchase process requirements of below-market homes created
by developers in exchange for incentives offered by the City of Bozeman meet applicable program
requirements, including down payment assistance, is completed efficiently and in compliance
with program regulations. HRDC will provide services related to loan origination, deed restriction,
and lien documentation and recordation in accordance with City guidelines.
Monitoring and Compliance
HRDC will provide monitoring for and verify homeowner compliance with the ownership
requirements for homes produced under the previous AHO and under related affordable housing
plans provided by developers, including use as primary residence and occupancy requirements.
HRDC will request homeowners provide documentation proving compliance on an annual basis.
Deed Re-conveyance/Subsidy Recapture at Resale
Upon a recapture or re-conveyance event as described in the City's recorded lien documents,
HRDC will work closely with homeowners, lenders, realtors, and title agents to ensure that all the
terms of the loans are met and a payoff amount is calculated, collected, and understood by all
parties. Copies of the finalized documentation will be sent digitally to the City’s representative
for review. Funds obtained by HRDC in performing the recapture process will be transferred to
the City within 90 days of receipt by HRDC.
Community Development Director staff time (approximately 200 hours/year) – $9,000
HRDC’s Community Development Director (CDD) works closely with City staff to provide
additional capacity regarding affordable housing best practices and updated program guidance.
The CDD helps staff to respond to inquiries from developers of subsidized and market rate
housing, provides technical assistance to housing developers and non-profits, and assists citizens
seeking affordable housing resources with information and access to services. The CDD also
works to build a more sustainable community by focusing on the relationships between
186
affordable housing, economic and workforce development, and transportation systems within
the city. The CDD connects City staff to agency data relevant to creating and updating the City of
Bozeman Consolidated Plan.
Record Keeping and Reporting:
HRDC will provide the City with the following records and reports within the following
timeframes. HRDC may also make the records available to the City Representative in the
HomeKeeper or other tracking software it provides under this Agreement. Records and reporting
requirements may be adjusted by the City in writing.
1. Recapture documentation, including each recapture due, payment by the
homeowner, and transfer of the payment to the City – Quarterly
2. Reporting and invoices for services rendered - Quarterly
▪ Number of Home Buyer Education classes
▪ Number of participants in Home Buyer Education classes
▪ Number of pre-purchase counsels
▪ All other activities performed under PSA
3. Documents evidencing Owner Occupancy of Affordable Homes will be stored in
Homekeeper - Annually
Scope of Services Summary:
HUD Certified Homebuyer Education Class – $20,000
Pre-Purchase Counseling, Buyer Qualification, Marketing, and Record Keeping – $20,000
Mechanism Monitoring/Management for Long-term Affordability – $11,000
Community Development Director staff time (approximately 200 hours/year) – $9,000
TOTAL: $60,000
187
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Specialist
David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign an Amendment 1 to Professional Services
Agreement with Sanderson Stewart for Architectural, Engineering, Land
Surveying and Land-Use Planning Services.
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the city manager to sign an amendment 1 to Professional Services
Agreement with Sanderson Stewart for architectural, engineering, land
surveying and land-use planning services.
STRATEGIC PLAN:2.1 Business Growth: Support retention and growth of both the traded and
local business sectors while welcoming and encouraging new and existing
businesses, in coordination with the Economic Development Plan.
BACKGROUND:On October 22, 2018 the City Commission signed a professional services
agreement with Sanderson Stewart for architectural, engineering, land
surveying and land-use planning services.
The scope of services for the contract is for any project that may be initiated
by the Economic Development Department, or Downtown Bozeman
Partnership, LLC, or within any City urban renewal district (URD) or any
district utilizing a tax increment financing (TIF) provision. At the City’s
discretion, the consultant appointment may also lead into potential medium
to large-scale projects of yet-to-be-determined scope of work, cost, and
schedule. The project scope may include renovation of existing facilities,
and/or an addition to an existing facility, or new construction projects. The
scope of the projects will be determined based on multiple factors including
private partner identification, obtainable priority needs as identified by the
URD boards/ workplans and the Bozeman City Commission, and the City’s
desire to continue with the selected consultant.
The proposed amendment extends the term contract through December
2023.
UNRESOLVED ISSUES:None.
188
ALTERNATIVES:As recommended by the Commission.
FISCAL EFFECTS:The amendment has no fiscal effect. Projects and budgets will go through a
written task order.
Attachments:
23 - Amendment 1 to PSA with Sanderson Stewart for Time
and Materials.pdf
Report compiled on: June 12, 2023
189
First Amendment to Professional Services Agreement Architectural and Engineering, Land Surveying, and Land Use Planning Services FY 2018 – FY 2023 Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
architectural, engineering, land surveying, and land use planning services dated October 22, 2018
(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 Sanderson Stewart, 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 2 of the Agreement is extended for an additional six (6) month
period. The Agreement shall terminate on December 31, 2023.
2. Nondiscrimination and Equal Pay: Section 14 of the Agreement is replaced in its
entirety with the following:
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.
190
First Amendment to Professional Services Agreement Architectural and Engineering, Land Surveying, and Land Use Planning Services FY 2018 – FY 2023 Page 2 of 2
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.
3. 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.
4. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA SANDERSON STEWART
By________________________________ By_____________________________
Jeff Mihelich, City Manager Danielle Scharf
Principal
APPROVED AS TO FORM DOWNTOWN BOZEMAN
PARTNERSHIP
By_______________________________ By_____________________________
Greg Sullivan, Bozeman City Attorney Ellie Staley
Executive Director
191
Memorandum
REPORT TO:City Commission
FROM:Cody Flammond, Engineer II
SUBJECT:Authorize the City Manager to Sign the Second Addendum to the PSA with
Water and Environmental Technologies, Inc. (WET), to Provide
Environmental Consulting Services pertinent to the East Gallatin Landfill
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to execute the Second Addendum to the PSA
with Water and Environmental Technologies, Inc. (WET), to provide
environmental consulting services pertinent to the East Gallatin Landfill.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The East Gallatin Landfill, located north of Griffin Drive in Bozeman, is an
inactive, approximately 30-acre municipal landfill which operated from 1962
to 1970. The City now leases the site to Montana Department of Fish,
Wildlife & Parks as part of the East Gallatin Recreation Area (commonly
known as Glen Lake).
A 1983 CERCLA preliminary assessment by Montana Department of Health
and Environmental Services (MDHES) (now the Montana Department of
Environmental Quality (DEQ)) summarized the contamination potential from
landfill leachate and indicated a site investigation was warranted. EPA
consultants sampled soils, groundwater from nearby domestic wells, and
sediments and surface water from Glen Lake and the East Gallatin River.
None of the contaminant levels found were considered significant and based
on investigation and health risk assessment results, EPA declared the facility
"No Further Action" under CERCLA. The facility is currently listed as a low
priority facility on DEQ's CECRA priority list.
The area near the old landfill is now seeing increasing development
pressure. In recent years, Gallatin Park Subdivision, Subdivision 154A, and
Bridger Vale Subdivision have been platted and are in the process of
developing. In addition to Glen Lake, the East Gallatin River, a cold water
fishery, flows along the east boundary of the landfill. The recreation area is
heavily used in summers for swimming, boating and other water activities.
In 2018, WET performed a phase one site assessment summarizing all
192
available environmental data and produced a preliminary conceptual site
model. In 2021, WET characterized and monitored contaminants at the site
and reported to and coordinated with the Montana DEQ, as necessary.
During this work, several areas were noted where additional data is
necessary. The purpose of this addendum is to procure the services needed
to continue this work and collect the additional data needed to adequately
characterize and monitor the contaminants at the site.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The total cost for the scope of work detailed in these documents is
$74,770.50. This work will be paid for using funds in the Non-Departmental
budget for Consultants and Professional Services (010-8920-471.5-10)
contingent upon the City Commission approving the Fiscal Year 2024
Budget.
Attachments:
Second Addendum to Professional Services Agreement
FY 24 - Cost Estimate Quarterly Sampling including residential
air screening
Report compiled on: June 8, 2023
193
Second Addendum to Professional Services Agreement for Landfill Characterization 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,” Water
and Environmental Technologies, Inc, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Extension of Term. Section 31 of the Professional Services Agreement between the City
and Contractor dated January 11, 2021 (the Agreement) is extended for an additional one
(one) year period. The Agreement shall terminate on June 30, 2024.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
Updated - Attachment A Scope of services.
3. 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 ****
194
Second Addendum to Professional Services Agreement for Landfill Characterization 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 (Water & Environmental
Technologies, Inc)
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
195
ATTACHMENT A.
PROJECT COST ESTIMATEWATER & ENVIRONMENTAL TECHNOLOGIES
Date: January 27, 2023 Client Phone #: (406) 582-2280Client:City of Bozeman Client Contact: Cody FlammondAddress: 20 East Olive Street Project Manager: Stefanie VandaeleDescription: Bozeman Old City Landfill - Characterization
TASK DESCRIPTION PRICE UNITS QTY PRICE
TASK 1. Project Management
Project Engineer $125.00 HOUR 40 $5,000.00$5,000.00TASK 2. Data Management - Data Entry and QAQCProject Engineer $125.00 HOUR 8 $1,000.00Staff Engineer $100.00 HOUR 64 $6,400.00SUBTOTAL:$7,400.00TASK 3. Landfill Monitoring TASK 3.1 Monitoring - Groundwater Staff Engineer/Hydrogeologist $100.00 HOUR 192 $19,200.00 Meters and Equipment $220.00 DAY 8 $1,760.00 Sample Consumables $20.00 SAMPLE 48 $960.00$21,920.00
TASK 3.2 Monitoring - Soil Vapor
Staff Engineer/Hydrogeologist $100.00 HOUR 30 $3,000.00 Sample Consumables $40.00 HOUR 12 $480.00$3,480.00 TASK 3.3 Laboratory Analysis Groundwater VOCs $140.00 LUMP SUM 60 $8,400.00 Soil Gas VOCs $371.00 LUMP SUM 14 $5,194.00$13,594.00 TASK 3.4 Drum Disposal Drum Purge Water Sampling $330.00 LUMP SUM 4 $1,320.00 Drum Disposal $400.00 LUMP SUM 4 $1,600.00$2,920.00
TASK 4 Residential Soil Gas Assessement
TASK 4.1 Mobilization Project Engineer I $115.00 HOUR 3 $345.00
Mileage 1 EA 200 $200.00$545.00
TASK 4.2. Soil gas screen installation, canister deployment Project Engineer I $115.00 HOUR 2 $230.00 Staff Engineer I $100.00 HOUR 2 $200.00
Helium meter $200.00 DAY 1 $200.00$630.00
TASK 4.3. Laboratory Analysis TO-15 SIM (indoor air)$473.00 CANISTER 2 $946.00
TO-15 SIM (soil gas)$335.50 CANISTER 1 $335.50 Rental canister $50.00 CANISTER 1 $50.00$1,331.50
Task 4.4. Reporting $115.00 HOUR 4 $460.00 Project Engineer $135.00 HOUR 1 $135.00
Senior Engineer I $595.00
TASK 5. Data Summary ReportSenior Engineer $135.00 HOUR 4 $540.00Project Engineer $125.00 HOUR 50 $6,250.00Staff Engineer $100.00 HOUR 40 $4,000.00GIS Specialist $85.00 HOUR 15 $1,275.00Report Copies:LUMP SUM $500.00$12,565.00TASK 6. CAP UpdateSenior Engineer $135.00 HOUR 4 $540.00Project Engineer $125.00 HOUR 10 $1,250.00Staff Engineer $100.00 HOUR 30 $3,000.00$4,790.00
ESTIMATED PROJECT TOTAL $74,770.50
SUBTOTAL:
SUBTOTAL:
SUBTOTAL:
SUBTOTAL:
SUBTOTAL:
SUBTOTAL:
SUBTOTAL:
SUBTOTAL:
SUBTOTAL:
SUBTOTAL:
SUBTOTAL:
Page 1 of 1
196
Memorandum
REPORT TO:City Commission
FROM:Lance Lehigh, PE, CFM, Engineer III
Shawn Kohtz, PE, City Engineer
SUBJECT:Authorize the City Manager to Sign Amendment No. 4 to the Professional
Services Agreement with Advanced Engineering and Environmental Services,
Inc. for the Bozeman Wastewater Collection System Phase II Model Update
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Amendment No. 4 to the Professional
Services Agreement with Advanced Engineering and Environmental Services,
Inc. for the Bozeman Wastewater Collection System Phase II Model Update.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND: The City’s Wastewater Collection Facilities Plan (Plan) was last updated in
2015. The Plan provides an analysis of existing sanitary sewer system
capacity, determines future infrastructure needs to accommodate growth
anticipated by the Community Plan and Future Land Use Map, and
ultimately provides a roadmap for sanitary sewer system infrastructure
investments.
In 2020, Advanced Engineering and Environmental Services (AE2S) was
selected to complete an update of the City’s wastewater collection model
(Phase I) and wastewater collection facility plan (Phase II). Phase II of the
project is currently under contract.
Recent development patterns with significantly increased density along
arterial and collector street corridors have changed the assumptions in the
sewer analysis. The proposed amendment would incorporate recent density
changes. The Plan will provide priority recommendations for capital
improvements to the sanitary sewer system to accommodate increased
density.
The amendment will also include a public engagement component and
density increase associated with the requirement to allow ADUs and
duplexes on single family home lots to address recent Montana Senate Bill
382 requirements.
197
The scope of services is presented in Attachment A. These services will be an
extension of the City’s existing contract with Advanced Engineering and
Environmental Services, Inc.
Upon completion of a draft Plan, staff will bring the updated Plan to City
Commission for review and subsequently for adoption. Work is anticipated
to be completed in August of 2023.
UNRESOLVED ISSUES:None Identified
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:The negotiated scope and fee for Amendment No. 4 totals $60,251. If
approved, funds will be from the City’s FY23 wastewater fund, which has
sufficient remaining budget for this scope of work. The original contract
including Amendments 1-3 totals $626,373, and the total effort including
Amendment No. 4 is $686,624. This will be the final proposed amendment
for the work.
Attachments:
20- PSA - AE2S - Wastewater Collection Phase 1
Amendment No. 1 to Professional Services Agreement
22-PSA AE2S - Wastewater Collection Phase 2
Amendment No. 3 to Professional Services Agreement
Amendment No. 4 to Professional Services Agreement
Attachment A - Scope of Services
Report compiled on: June 15, 2023
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
Engineer’s Project #: P05097-2018-006 Page 1 of 2
Amendment No. 1 to Professional Services Agreement
for: Wastewater Collection System Model Update – Phase 1
THIS AGREEMENT is made as of this ________ day of ____________________, 20 ,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred
to as CITY and Advanced Engineering and Environmental Services, LLC an Engineering Consulting
Firm of Bozeman, Montana, herein referred to as Consultant.
WHEREAS, the parties have entered into a Professional Services Agreement dated February
24, 2020, herein referred to as Original Agreement for professional engineering services; and
WHEREAS, the parties desire to further amend the provisions of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
Amend Section 1. Purpose: of the Original Agreement to add a new paragraph to read: City and
Consultant agree to incorporate and Consultant agrees to perform additional Scope of Services attached
hereto as “Attachment A – Wastewater Collection System Model Update – Phase 1 – Amendment 1”.
Amend Section 4. Payment for Scope of Services: of the Original Agreement to add a new
paragraph to read: City agrees to pay Consultant for the completion of the additional Scope of Services
attached hereto as “Attachment A – Wastewater Collection System Model Update – Phase 1 –
Amendment 1” a lump sum amount of $15,680.00. The Consultant’s billing rates in $/hr for its
employees are included with this Attachment A as Table 1.
Except as specifically amended herein, the Original Agreement shall remain in full force and effect and
the Parties shall be bound by all terms and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day
and year first above written.
CITY OF BOZEMAN
___________________________________
Jeff Mihelich
City Manager
ATTEST:
________________________________________
Mike Maas
City Clerk
9th November 21
DocuSign Envelope ID: 27C66B41-00AE-4BD4-BD78-0E081DD698C1
227
Engineer’s Project #: P05097-2018-006 Page 2 of 2
APPROVED AS TO FORM
____________________________________
Greg Sullivan
City Attorney
CONSULTANT
By:_______________________________________
Its:______________________________________
ATTEST:
By:___________________________________
Operations Manager
DocuSign Envelope ID: 27C66B41-00AE-4BD4-BD78-0E081DD698C1
By:Assistant City Attorney
228
Attachment A of Amendment No. 1 to Professional Services Agreement for:
Wastewater Collection System Model Update – Phase I
Page 1 of 1
ATTACHMENT A – Wastewater Collection System Model Update – Phase 1 – Amendment 1
DESCRIPTION OF SERVICES:
Gallatin Meadows Subdivision Wastewater Collection System Analysis:
CONTRACTOR will evaluate the proposed Gallatin Meadows Subdivision adjusted sewershed,
proposed private lift station and alternative location for a regional lift station. CONTRACTOR will
analyze collection system scenarios in hydraulic model. This work will include:
·Delineate new / revised sewersheds served by the proposed private lift station and
alternative regional lift station.
·Compute full build-out wastewater demand to new private lift station and alternative
regional lift station.
·Determine require pump(s) size for each lift station.
·Develop recommended subdivision sewer network layout, including pipe size and
invert elevations.
·Develop forcemain alignment and size and connection point for each lift station.
·Develop model scenario to reflect proposed private lift station and alternative
regional lift station.
·Summarize data used, calculations, methods, assumptions, and results of private lift
station analysis in a Technical Memorandum.
Deliverable: Technical Memorandum.
Table 1: Hourly Billing Rates for Personnel to be Utilized on Amendment No. 1
Personnel, Classification Hourly Labor Rate
Zach Magdol, Engineer III $168.00
Donovan Voeller, Engineer III $168.00
Maddie Thompson, Engineer I $119.00
DocuSign Envelope ID: 27C66B41-00AE-4BD4-BD78-0E081DD698C1
229
Exhibit A - The HVLS service area, also know as the
Baxter Creek Drainage Basin.
Newly Completed
Davis Lane Lift
Station
The area highlighted
in blue is the HVLS
service boundary,
also known as the
Baxter Creek
Drainage Basin. The
service area is
approximately 1,300
acres.
Potential location for
a second lift station
in the Baxter Creek
Drainage Basin.
Identified future
location of the
Hidden Valley Lift
Station (HVLS) as
shown in the 2015
wastewater facility
plan.
DocuSign Envelope ID: 27C66B41-00AE-4BD4-BD78-0E081DD698C1
230
Engineer’s Project #: P05097-2018-006 Page 1 of 2
Amendment No. 2 to Professional Services Agreement
for: Wastewater Collection System Model Update – Phase 2
THIS AGREEMENT is made as of this ________ day of ____________________, 20__ ,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred
to as CITY and Advanced Engineering and Environmental Services, LLC an Engineering Consulting
Firm of Bozeman, Montana, herein referred to as Consultant.
WHEREAS, the parties have entered into a Professional Services Agreement dated February
24, 2020, herein referred to as Original Agreement for professional engineering services; and
WHEREAS, the parties desire to further amend the provisions of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
Amend Section 1. Purpose: of the Original Agreement to add a new paragraph to read: City and
Consultant agree to incorporate and Consultant agrees to perform additional Scope of Services attached
hereto as “Attachment A – Wastewater Collection System Model Update – Phase 2 – Amendment 2”.
Amend Section 4. Payment for Scope of Services: of the Original Agreement to add a new
paragraph to read: City agrees to pay Consultant for the completion of the additional Scope of
Services attached hereto as “Attachment A – Wastewater Collection System Model Update –
Phase 2 – Amendment 2” a totals $247,938.00. The Consultant’s billing rates in $/hr for its
employees are included with this Attachment A.
Except as specifically amended herein, the Original Agreement shall remain in full force and effect and
the Parties shall be bound by all terms and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day
and year first above written.
CITY OF BOZEMAN
___________________________________
Jeff Mihelich
City Manager
ATTEST:
________________________________________
Mike Maas
City Clerk
DocuSign Envelope ID: 300EF4B6-1671-42FF-9964-65D0B3FE655D
4th 22January
231
Engineer’s Project #: P05097-2018-006 Page 2 of 2
APPROVED AS TO FORM
____________________________________
Greg Sullivan
City Attorney
CONSULTANT
By:_______________________________________
Its:______________________________________
ATTEST:
By:___________________________________
Operations Manager
DocuSign Envelope ID: 300EF4B6-1671-42FF-9964-65D0B3FE655D
232
ATTACHMENT A – Wastewater Collection System Phase 2 – Facility Plan
SCOPE OF SERVICES:
Task 100: Project Management and Meetings
Project invoicing, budget management, schedule management
Progress reporting
City Commission presentation
Task 200: Wastewater Collection System Risk Assessment
Review risk
Evaluate risks across the collection system using InfoAsset Planner (IAP) to help prioritize
capital improvement projects (CIP) including recommended rehabilitation and replacement
(R&R).
Build on the City’s risk assessment work done to date to the maximum extent possible.
Risk model will include the following data:
o City GIS Asset Database
o CMMS
o CCTV
o Hydraulic model results (WWF d/D)
o Typical R&R costs. Develop unit cost assumptions for the major types of projects
(pipeline replacement, pipe break repairs, pipe rehab). Include category for
projects in heavily urbanized zones versus less-dense areas.
Develop risk assessment framework. Conduct workshop with City staff to present
recommended likelihood of failure (LOF) and consequence of failure (COF) factors. City
will provide review of LOF and COF factors prior to finalizing risk assessment framework.
Develop Decision Tree Project Prioritization Plan
Deliverables: Risk Assessment Technical Memorandum – including maps indicating risk
range for each section of the collection system.
IAP Training
Task 300: Capital Improvements Plan
Verify that the collection system projects listed in the City’s current CIP are still
recommended and appropriately prioritized.
Develop a new list of recommended near-term (5 year) projects to address current and
projected deficiencies. Near-term recommended improvements will be based on
previous facility plan and Infill / TIF Densification hydraulic model scenario.
Develop complete list of recommended projects, including both near-term (5 year)
and long-term (20 year, also referred to as “unscheduled”) projects. Projects shall
have a description and be categorized by purpose/need (e.g., R&R, growth and
development).
Develop total project costs for identified CIP projects.
Provide interactive web-based map deliverable for CIP projects
DocuSign Envelope ID: 300EF4B6-1671-42FF-9964-65D0B3FE655D
233
Task 400: Facility Plan Report
Executive summary with technical memoranda appendices. Summarize key
assumptions, methods, and findings of the Wastewater Collection System Facility
Plan Phase 1 and 2 in an executive summary.
Graphical Executive Summary shall be provided for the City to use to convey
primary takeaways from the Facility Plan
Interactive Mapping Deliverable – an interactive web map will be developed using
ArcGIS. Hard copy Facility Plan will have up to a dozen 11x17 maps. Remainder of
visuals will be figures referencing the interactive web maps.
Deliverables: Wastewater Collection System Facility Plan Update Executive
Summary and Compiled Technical Memoranda.
Task 500: Allocation Tool Development
Develop tool to allow City Engineering staff to automatically update wastewater
collection system model loading factors based on development applications received.
o Tool will be a spreadsheet-based database. An InfoSWMM GIS Exchange routine
will be incorporated into the model to allow users to update Node-loading based
on the spreadsheet database.
Task 600: Montana State University Facility Plan Integration
Coordinate with University Facilities Staff to review campus wastewater facility plan
Revise future scenarios to reflect MSU facility plan
Table 1: Hourly Billing Rates for Personnel Utilized
Personnel, Classification 2022 Hourly Labor Rate
Scott Buecker, Engineer VI $243.00
Trevor Datwyler, Engineer IV $203.00
Donovan Voeller, Engineer III $177.00
Dan Lissick, GIS Specialist $139.00
Drew Stock, Engineer II $148.00
Maddie Thompson, Engineer II $148.00
Nicole Gaustad, Communication Specialist III $139.00
Table 2: Task Fee Breakdown (DRAFT FEE ESTIMATE)
Task Consultants Fee
Task 100 – Project Management $24,336
Task 200 – Risk Assessment $72,240
Task 300 – Capital Improvements Plan $46,676
Task 400 – Facility Plan Report $63,368
Task 500 – Allocation Automatic Tool Development $18,998
Task 600 – MSU Facility Plan Integration $22,320
Total $247,938
DocuSign Envelope ID: 300EF4B6-1671-42FF-9964-65D0B3FE655D
234
Exhibit A
City of Bozeman Wastewater Collection System Phase 2 – Facility Plan
Detailed Scope of Services
Task 100 – Project Management and Meetings:
Sub-Tasks • Task 101 – Project Management: AE2S will conduct general project management
services including general coordination with OWNER, project invoicing, and managing
project budget and schedule.
• Task 102 – Progress Reports: Provide regular progress reports throughout the
duration of the project.
• Task 103 – City Commission Presentation: Deliver summary presentation to Bozeman
City Commission.
Assumptions • All deliverables will be provided in electronic format.
Deliverable • Monthly progress reports
Task 200 – Wastewater Collection System Risk Assessment
Sub-Tasks • Task 201 – Risk Policy/Framework: Review risk policy/framework developed with the
City through the City’s water distribution system master plan and modify/adapt to fit
the wastewater collection system.
• Task 202 – Risk Criteria: Based on the wastewater collection system information
availability, recommend risk criteria (Likelihood and Consequence of Failure) and
weighting factors to the City. Adjust criteria and factors based on feedback provided
from the City.
• Task 203 – Risk Model: Using InfoAsset Planner, develop a detailed risk model built
one to one with the City’s GIS database. Risk model will at a minimum include input
from the following data sources:
o City GIS Asset Database
o CMMS work order, break, overflow history
o CCTV.
o Hydraulic Model Results (flow depth/Diameter ratio, etc.)
Results from the preliminary risk analysis will be provided to the City as a list of assets
prioritized by total risk score and overall risk ranking.
• Task 204 – Risk Review Workshop: AE2S will facilitate a workshop with the City to
review the preliminary risk results. The risk model will be live during the meeting to
allow for real time revisions and sensitivity scenarios.
• Task 205 – Finalize Risk Assessment: With the input from the risk review workshop,
AE2S will update and finalize the risk model.
• Task 206 –Decision Tree: The risk assessment will provide an indicator of which assets
need the City’s attention. The decision tree will help automate the process of
determining what rehab/replacement actions should be taken based on the City’s risk
tolerance and risk mitigation approach. After developing a preliminary decision tree,
AE2S will facilitate a workshop with the City to review and adjust the decision tree.
As in the previous workshop, the risk model will be live to be able to see the impacts
of decision tree modifications in real time.
DocuSign Envelope ID: 300EF4B6-1671-42FF-9964-65D0B3FE655D
235
• Task 207 – Project Prioritization Plan: Using the results from the decision tree
analysis, a project prioritization plan will be developed that delineates recommended
rehabilitation or replacement activities into logical projects. Unit prices for major
projects (pipeline replacement, pipe break repairs, pipe lining) will be subdivided to
account for heavily urbanized zones versus less dense areas. In addition to logical
spatial delineation of projects, budget input from the City will be used to divide
projects into appropriately sized capital expenditures for a near term (5-year)
planning period.
• Task 208 – Technical Memorandum: A technical memorandum summarizing the risk
assessment process and instructions for future updates by the City will be provided.
• Task 209 – InfoAsset Planner Training: Two training sessions (4 hours each) will be
provided on maintaining the City’s InfoAsset Planner risk model.
Assumptions • Minimal refinement of the risk policy/framework will be required from the finalized
water distribution system risk policy.
• City will provide current GIS database which will not require significant data
processing.
• City will provide access to current CCTV database, and CCTV results will include
NASSCO coded defects for the collection system pipes.
• Manholes will be included in the risk model, but a risk assessment will not be
conducted on the manholes at this time.
Deliverables • Risk Policy/Framework
• Graphic describing the impacts of deferred R&R under various level of service
scenarios
• Technical Memorandum
• InfoAsset Planner Model and associated GIS data
• Project Prioritization Plan with Costs
Task 300 – Capital Improvements Plan
Sub-Tasks • Task 301 – Verify that the collection system projects listed in the City’s current CIP are
still recommended and appropriately prioritized.
• Task 302 – Develop a new list of recommended near term (5 year) projects to address
current and projected deficiencies. Near term recommended improvements will be
based on outcomes of the Phase 1 and 2 Facility Planning work. Projects will have a
description and be categorized by purpose/need (e.g., R&R, growth, and
development).
• Task 303 – Develop a new list of recommended long-term (5 to 20 year) projects to
address current and projected deficiencies. Near term recommended improvements
will be based on outcomes of the Phase 1 and 2 Facility Planning work. Projects will
have a description and be categorized by purpose/need (e.g., R&R, growth and
development).
• Task 304 – Develop total project cost estimates for identified CIP projects.
• Task 305 – Develop CIP technical memorandum summarizing project details, costs,
and purpose/need.
• Task 306 – Integrate the CIP plan into OptX, a web based interactive tool the City can
use to track projects, quickly modify project timing, funding sources, inflation via
DocuSign Envelope ID: 300EF4B6-1671-42FF-9964-65D0B3FE655D
236
construction cost index, and assess revenue vs. project costs to evaluate budget
adequacy.
Assumptions • Project costs will be provided uniformly in today’s dollar.
Deliverables • CIP Tech Memo with each CIP project described in a one-page excel table with a
figure/snapshot showing the area of influence.
• Secure access to OptX to view, modify, or download the capital improvements plan to
excel files.
Task 400 – Facility Plan Report
Sub-Tasks • Task 401 – Executive Summary: Develop an executive summary of the Wastewater
Collection System Facility Plan, phases 1 and 2. Summarize key assumptions,
methods, and findings from both phases of the study. Technical memoranda from
phases 1 and 2 will be included as appendices. Up to twelve 11x17 .pdf maps will be
provided, with remaining visuals to be graphic figures. Reader will be referred on
online story maps (Task 403) for additional detail where desired.
• Task 402 – Graphical Executive Summary: Develop a concise graphical executive
summary, incorporating findings and key takeaways from the Phase 1 and 2 facility
planning work. Intended audience is City leadership and the public for future
outreach use.
• Task 403 – Interactive Facility Plan Web Map: Develop an interactive web map using
ArcGIS online story map functionality. The story map will provide more detail than
the executive summary in a format that allows the viewer to stay high level, or dive
into more detail of the analysis as desired.
Assumptions • Web map will be hosted on the City’s enterprise server, with full editing access.
Deliverable • Executive Summary with Technical Memoranda in Appendices
• Graphical Executive Summary
• Secure access to interactive facility plan web map.
Task 500 – Allocation Tool Development
Sub-Tasks • Task 501 – Develop a tool to allow City Engineering staff to update wastewater
collection system model loading factors based on development applications received.
The tool will be a spreadsheet-based database. An InfoSWMM routine will be
incorporated into the model to allow users to update node loading based on the
spreadsheet database. Provide testing with City staff for proof of concept and City
staff training purposes.
Assumptions • None
Deliverables • Allocation Tool (Development allocation based on spreadsheet and database updates)
• Provide “Guidelines for Allocation Tool Use” in tech memo format
• Provide recommended future flow monitoring MH locations in a Story Map
DocuSign Envelope ID: 300EF4B6-1671-42FF-9964-65D0B3FE655D
237
Task 600 – Montana State University Facility Plan Integration
Sub-Tasks • Task 601 – Coordinate with University Facilities Staff to review campus wastewater
facility plan. Revise future scenarios previously utilized in Phase 1, in both the model
and the future scenarios technical memorandum, to reflect MSU facility planning.
Assumptions • MSU will provide planning documents on-hand, and one meeting with MSU, City staff
and engineering team.
Deliverable • Updated model and report
DocuSign Envelope ID: 300EF4B6-1671-42FF-9964-65D0B3FE655D
238
Team Members
Scott
Buecker
Trevor
Datwyler
Donovan
Voeller
Dan
Lissick
Drew
Stock
Maddie
Thompson
Nicole
Gaustad
Senior
Project
Manager
Risk
Assessment
Lead
Wastewater
Modeling
Engineer
GIS
Professional
Project
Engineer
Project
Engineer
Marketing
Lead
Task #2021 Hourly Billing Rate $243 $203 $177 $139 $148 $148 $131100Project Management & Meetings $24,336
101 Project Management $12,760 40 8 8 56102Progress Communications $3,464 8 4 4 16103CC Meeting Preparation and Presentation $8,112 16 8 8 8 40Task 100 Total Hours 64 20 20 0 8 0 0 112
Task 100 Total Fee $15,552 $4,060 $3,540 $0 $1,184 $0 $0 $24,336
200 Risk Assessment $72,240
201 Risk Policy/Framework $3,408 4 12 16202Risk Criteria $4,964 4 8 16 28203Risk Model $19,604 4 40 16 56 116204Risk Review Workshop $3,780 4 8 8 20205Finalize Risk Assessment $2,968 4 4 8 16206Decision Tree $14,572 4 32 48 84207Project Prioritization Plan $9,928 8 16 32 56208Risk Technical Memorandum $9,396 4 24 24 52209InfoAsset Planner Training $3,620 12 8 20
Task 200 Total Hours 36 156 0 16 200 0 0 408
Task 200 Total Fee $8,748 $31,668 $0 $2,224 $29,600 $0 $0 $72,240
300 Capital Improvements Plan $46,676
301 Validate Current CIP Projects $9,944 4 4 16 36 60302Additional Recommended Projects $4,604 4 8 8 4 24303Develop near term (5 year) and unscheduled (20 year) projects $7,132 8 4 8 20 40304Project Costs $7,132 8 4 8 20 40305CIP Tech Memo $5,356 8 4 8 8 28
306 CIP integration with OptX $12,508 4 16 40 16 76
Task 300 Total Hours 36 40 48 0 40 104 0 268
Task 300 Total Fee $8,748 $8,120 $8,496 $0 $5,920 $15,392 $0 $46,676
400 Facility Plan Report $63,368
401 Executive Summary $30,488 12 16 60 56 40 184402Graphical Executive Summary $19,684 12 12 24 16 60 124403Interactive Facility Plan Web Map $13,196 4 8 8 32 32 84
Task 400 Total Hours 28 36 92 104 32 40 60 392
Task 400 Total Fee $6,804 $7,308 $16,284 $14,456 $4,736 $5,920 $7,860 $63,368
500 Allocation Automation Tool Development $18,998
501 Wastewater Load Factor Automation $18,998 2 4 100 106Task 500 Total Hours 2 4 100 0 0 0 0 106
Task 500 Total Fee $486 $812 $17,700 $0 $0 $0 $0 $18,998
600 Water System Risk Analysis $22,320
601 MSU Coordination and Model/Report Update $22,320 16 64 48 128
Task 6 Total Hours 16 0 64 0 0 48 0 128
Task 6 Total Fee $3,888 $0 $11,328 $0 $0 $7,104 $0 $22,320
Total Project Hours per Team Member 182 256 324 120 280 192 60 1414
Total Project Fees per Team Member 44,226$ 51,968$ 57,348$ 16,680$ 41,440$ 28,416$ 7,860$
Total Project Fee 247,938$
Total
Labor
DocuSign Envelope ID: 300EF4B6-1671-42FF-9964-65D0B3FE655D
239
Page 1 of 2
Amendment No. 3 to Professional Services Agreement for: Wastewater Collection System Model Update – Phase 2
THIS AGREEMENT is made as of this day of , 20 ,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred
to as CITY and Advanced Engineering and Environmental Services, LLC an Engineering Consulting Firm of Bozeman, Montana, herein referred to as Consultant. WHEREAS, the parties have entered into a Professional Services Agreement dated February
24, 2020, herein referred to as Original Agreement for professional engineering services; and
WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
Amend Section 1. Purpose: of the Original Agreement to add a new paragraph to read: City and Consultant agree to incorporate and Consultant agrees to perform additional Scope of Services attached hereto as “Attachment A – Wastewater Collection System Model Update – Phase 2 – Amendment 3”.
Amend Section 4. Payment for Scope of Services: of the Original Agreement to add a new paragraph to read: City agrees to pay Consultant for the completion of the additional Scope of Services attached hereto as “Attachment A – Wastewater Collection System Model Update – Phase 2 – Amendment 3” and totals $15,580.00. The Consultant’s billing rates in $190/hr for its
employees are included with this Attachment A.
Except as specifically amended herein, the Original Agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day
and year first above written.
CITY OF BOZEMAN
Jeff Mihelich City Manager
ATTEST:
Mike Maas
City Clerk
240
Page 2 of 2
APPROVED AS TO FORM
Greg Sullivan City Attorney
CONSULTANT
ATTEST:
By:
By:
Its: Operations Manager
241
Page 1 of 2
Amendment No. 4 to Professional Services Agreement for: Wastewater Collection System Model Update – Phase 2
THIS AGREEMENT is made as of this day of , 20 ,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred
to as CITY and Advanced Engineering and Environmental Services, LLC an Engineering Consulting Firm of Bozeman, Montana, herein referred to as consultant. WHEREAS, the parties have entered into a Professional Services Agreement dated February
24, 2020, herein referred to as Original Agreement for professional engineering services; and
WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
Amend Section 1. Purpose: of the Original Agreement to add a new paragraph to read: City and Consultant agree to incorporate and Consultant agrees to perform additional Scope of Services attached hereto as “Attachment A – Wastewater Collection System Model Update – Phase 2 – Amendment 4”.
Amend Section 4. Payment for Scope of Services: of the Original Agreement to add a new paragraph to read: City agrees to pay Consultant for the completion of the additional Scope of Services attached hereto as “Attachment A – Wastewater Collection System Model Update – Phase 2 – Amendment 4” and totals $60,251. The Consultant’s billing rates range from $254/hr to
$135/hr for its employees are included with this Attachment A.
Except as specifically amended herein, the Original Agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day
and year first above written.
CITY OF BOZEMAN
Jeff Mihelich City Manager
ATTEST:
Mike Maas
City Clerk
242
Page 2 of 2
APPROVED AS TO FORM
Greg Sullivan City Attorney
CONSULTANT
ATTEST:
By:
By:
Its: Operations Manager
243
ATTACHMENT A – Wastewater Collec�on System Facility Plan
SCOPE OF SERVICES – Amendment No. 4
Hydraulic Model Updates and Public Engagement
Task 1 - Mee�ngs
• Kickoff: One meeting with City staff to discuss scope and goals of increased density
modeling.
• Network update meeting: one meeting with City staff to review to discuss FME output;
review growth area extensions; review sewer replacement.
• Mapping meetings: Two meetings with City staff to identify, discuss, and finalize corridors
and locations of likely higher density development.
• Analysis review meetings: Two meetings with City staff to review scenario results and
discuss next steps.
• Documentation review meeting: One meeting with City staff to review draft project
documentation.
• Recommended Improvements Workshop: Workshop with City staff to discuss new d/D
exceedances and potential improvements and how to approach funding and
implementation
Task 2 - Model Network Update
• Run GIS exchanges to import new network features and update existing network features.
Includes one (1) import iteration.
• Revise Norton Ranch Lift Station under existing and future scenarios based on recently
completed development project
• Vertical realignment of Cottonwood sewer between Oak and Baxter in the existing and
future scenarios based on road extension City project (NW Crossing sewer lowering)
• Revise Laurel Gardens Lift Station under future scenarios based on Rose Apartments
Development plan
• Update and run existing system scenarios within the model to ensure new and updated
elements are correctly activated and utilized by the model.
• Update and run Infill and UBO dry and wet weather scenarios within the model to ensure
new and updated elements are correctly activated and utilized by the model.
• Update model results data within model attribute fields to reflect updated d/D for pipes.
Task 3 - Model Scenario Development and Analysis
• Increased Density Mapping:
o Develop a map showing Increased Density Scenario assumptions.
• Scenario Development:
o Scenario 1: Increased Density Infill
Increase R-S, R-1, and R-2 domestic wastewater loading by 25% to account for
Section 19 in SB 382 (this is equivalent to an additional 0.24 MGD domestic
loading)
Assume all infill and future annexations within current City boundary become R-
4 zoning (20 dwelling units/acre)
o Scenario 2: Increased Density Facility Plan-UBO
244
Scenario 1 “infill” conditions plus Facility Plan-UBO allocation using future land
use
o Wet weather conditions will be evaluated for each added scenario.
• Model Analysis:
o Develop pre- vs. post-increased density impact exhibits.
o Review results with City staff and identify locations where hydraulic performance is not
met, including depth to diameter (d/D) requirements and surcharging modeling results.
Design flow will be calculated at flow depths that correspond to the City’s d/D design
requirements.
Task 4 - Documenta�on of Analysis, Cost Implica�ons, and Recommenda�ons
• AE2S will write and deliver a technical memorandum (delivered as a pdf document).
• Documentation will include:
o Summary of model input parameters for existing and increased density conditions.
o Summary of trunk sewers that exceed hydraulic performance requirements (d/D)
for the scenario.
o General recommendations will be provided to address issues identified at locations
of increased density. Recommendations may include:
Policy discussion on impacts of further increased density beyond current Future
Land Use Plan
Further analysis to refine sizing needs
Further flow monitoring
Maximum allowable densities
• Incorporate increased density analysis findings into overall Facility Plan and Graphical Executive
Summary
Task 5 - Facility Plan Public Engagement Coordina�on
• AE2S will coordinate with City’s communication team to prepare public engagement
templates.
• AE2S will review public comment and incorporate into draft Facility Plan
Proposed Fee
Scott Buecker Zach Magdol Donovan Voeller Aidan Scheffel
Rate ($/hr)$254 $220 $190 $135
Task Description Hours Hours Hours Hours
1 Meetings 6 12 14
2 Model Network Update 8 60 25
3 Model Scenario Development & Analysis 2 14 36 40
4 Documentation and Recommendations 6 32 40 12
5 Public Engagement Coordination 8 8
Subtotal Hours 14 74 158 77
Subtotal Fee $3,556 $16,280 $30,020 $10,395
$60,251
Hydraulic Model Updates & Public Engagement
Total for Increased Density Modeling
245
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Resolution 5434, Annexation of 0.54 Acres and Adjacent Right-of-way, the
2103 Bridger Drive Annexation, Application 21123
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution 5434.
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 applicants and property owners, Kristal Jones and Brandn Green, seek to
annex three parcels totaling roughly 0.54 acres into the City limits and
establish initial zoning of R-2, Residential Moderate Density. The property is
currently zoned “Residential Suburban” within the county. Nearby municipal
zoning includes Residential Single-Household Low Density (R-1) to the north
and Residential Suburban (R-S) to the south. Land to the east and west is
unincorporated and zoned “Residential Suburban” within the county. The
future land use map in the Bozeman Community Plan 2020 designates the
property as “Urban Neighborhood” which the R-2 district serves to
implement. There is an existing home and above garage dwelling on the
parcel.
The Commission held a public hearing on the request on September 21,
2021 and acted to approve the application. The applicant finalized all
required terms of annexation including easements and signed the
annexation agreement. The associated zoning Ordinance 2121 accompanies
this Resolution of annexation.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
246
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
21123 2103 Bridger Drive Annex Resolution 5434.pdf
2103 Bridger Drive ZMA-ANNEX-2022.07.07.pdf
Report compiled on: June 12, 2023
247
Version April 2020
Page 1 of 3
RESOLUTION 5434
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF
THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS
THE 2103 BRIDGER DRIVE ANNEXATION, APPLICATION 21123.
WHEREAS, the City of Bozeman received a petition for annexation from Vivian Helvik
requesting the City Commission to extend the boundaries of the City of Bozeman so as to include
an area of land containing approximately 0.54, addressed at 2103 Bridger Drive; and
WHEREAS, an annexation staff report was prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on September
21, 2021; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
September 21, 2021; and
WHEREAS, the City did not receive any written protest from the real property owners of
the area to be annexed; and
WHEREAS, on June 27, 2023, the Commission received the executed annexation
agreement addressing all recommended terms of annexation; and
WHEREAS, the provision of available services, including, but not limited to, streets,
248
Version April 2020
Page 2 of 3
rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's,
and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written
agreement between the City and the Landowner; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this
contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the
following-described property, which is contiguous to the municipal boundaries of the City of
Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended
so as to embrace and include such approximately 0.54 acres, to wit:
Legal Description
2103 Bridger Drive and more accurately described as Lots 14, 15, and 16, Ed Vogel
Subdivision No. 1, [Plat E-47], according to the plat thereof, on file and of record in
the office of the Clerk and Recorder, Gallatin County Montana; and located in the
Southeast Quarter of Section 32, Township 1 South, Range 6 East, Township 1
South, Range 6 East, of P.M.M., City of Bozeman, Gallatin County, Montana.
More particularly described as: Beginning at the northeast earner of said Lot 14;
thence southerly 179'55'00", assumed azimuth from north, 323.10 feet along the east
line of said Lot 14; thence westerly 269'55'00" azimuth 75.00 feet along the south
line of said Lot 14, Lot 15 and Lot 16; thence northerly 359"55'00" azimuth 323.10
feet along west line of said Lot 16; thence easterly 089"55'00" azimuth 75.00 feet
along the north line of said Lot 16, Lot 15 and Lot 14 to the point of beginning.
0.54 acres or 23,522 square feet. Subject to existing easements.
All as depicted on the 2103 BRIDGER DRIVE Annexation Map.
249
Version April 2020
Page 3 of 3
Section 2
The effective date of this annexation is June 27, 2023.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 27th day of June, 2023.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
250
251
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Strategic Services Director
SUBJECT:Resolution 5497, Authorizing the City Manager to Sign Prime Change Order 3
and Guaranteed Maximum Price Amendment 5 with Martel Construction,
Inc. for the Construction of the Bozeman Public Library Renovation Project
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5497, authorizing prime change order #3 and
guaranteed maximum price amendment #5 with Martel Construction, Inc.,
for construction of the Bozeman Public Library Renovation Project
STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural
"infrastructure" as the city grows.
BACKGROUND:On February 7, 2023 the City Commission approved Resolution 5476
authorizing Guaranteed Maximum Price Amendment #4 for the construction
of the Bozeman Public Library Renovation Project as a part of the General
Construction / Construction Manager Agreement.
This amendment contains provisions for altering the conditions of the
agreement as authorized by the owner (City) resulting in an increase of
$11,467 to the overall Guaranteed Maximum Price. Changes that will be
addressed with this amendment include drywall crack repair, storefront
jamb replacement, floor grate modifications, second floor paint, second floor
insulation, second floor carpeting, and additional fire sprinkler heads.
While every reasonable attempt was made to include everything in the
original project plans and specs, projects of this size and complexity require
changes during construction.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:The changes included in this request result in an increase of $11,467 to the
overall Guaranteed Maximum Price to be covered using contingency funds
within the existing project budget as authorized by the City Commission.
Attachments:
252
Resolution 5497.pdf
Prime Change Order #3.pdf
Guaranteed Maximum Price Amendment No. 5 for Public
Library.pdf
Report compiled on: June 15, 2023
253
Version April 2020
RESOLUTION 5497
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
WHEREAS, the City Commission did, on February 7, 2023, authorize Guaranteed
Maximum Price (GMP) Amendment #4 for Construction of the Bozeman Public Library
Renovation Project with Martel Construction, Inc.; and
WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such
alterations for modification of the specifications and/or plans of the contract be made by resolution;
and
WHEREAS, it has become necessary in the prosecution of the work to make alterations
and modifications to the specifications and/or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the proposed modifications and/or alternates to GMP Amendment #5 for
Construction of the Bozeman Public Library Renovation Project, as contained in Prime Change
Order #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., to wit:
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 27th day of June 2023.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
254
Version April 2020
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
255
January 26, 2023
City of Bozeman
PO Box 1230
Bozeman, MT 59715-5801
ATTN:Jon Henderson
Martel COR #
PROJECT:Bozeman Public Library
SUBJECT:Drywall Crack Repair
Jon,
We propose to provide all labor, materials, and equipment required to
perform the above mentioned work. Our lump sum quotation is based
on our interpretation of the instructions and scope of work
identified by the addendums. If we have misinterpreted this information in any
way (omissions, etc.) please advise us prior to processing this quotation into a
formal Change Order. Other wise, our interpretation shall stand as correct.
We have not been directed to proceed with the work.
At this time, we are hereby requesting 0 calendar days for a time extension
Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays.
Our proposal is based on receipt of a signed Change Order within (25) calendar days.
We are requesting to use half CONSTRUCTION CONTINGENCY
and half OWNER CONTINGENCY to cover the increased cost of:19,848$
If you have any questions, please call me at (406) 223-9011
A signature below indicates the owner has accepted the change order and the work will proceed.
Sincerely,
Mike Daines-Project Manager
MARTEL CONSTRUCTION, INC.
9
256
Spreadsheet ReportPage 1Bozeman Public Library - 3.11.20221/26/2023 2:42 PMGroupPhaseDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount01-0000GENERAL REQUIREMENTS101-0110Supervision2General Conditions Labor (including all fringeand insurance)2.00hour143*-*-1433 Supervision143143 GENERAL REQUIREMENTS14314309-0000FINISHES409-2500Gypsum Board5Drywall Repair and Patchls14,183--14,1836 Gypsum Board14,18314,18309-9100Paint Finishes7Interior Paintingls--4,200--4,2008 Paint Finishes4,2004,200 FINISHES18,38318,383Estimate TotalsDescriptionAmountTotalsHoursRateCost BasisCost per UnitPercent of TotalLabor143MaterialSubcontract18,383EquipmentOther18,52618,526General Liability Insurance176Performance Bond134Gross Receipts TaxBuilders Risk71Construction Fee941Construction Contingency1,32219,848Total19,848257
4524 Tacoma Ave , Sumner, Washington, 98390 T:253-863-0660 Fax: 253-863-0662
Run on:January 26, 2023 10:17 AM
http://www.sesslerinc.com
Rate
85.00
65.00
65.00
65.00
Total
$170.00
$1,950.00
$1,690.00
$4,550.00
Total Hrs
2.00
30.00
26.00
70.00
$8,360.00Total Labor
Labor
$9,859.75Subtotal for Detail
Description:
$1,499.75Material Total:
$8,360.00Labor Total:
$2,055.55Equipment Total:
$418.00Misc. Total:
$14,183.30Total:
$0.00Sub Trade Total:
$0.00Cleanup Total:
FOREMAN SUPERVISION
INTERIOR FRAMING
GYPSUM WALLBOARD HANGING
GYPSUM WALLBOARD FINISHING
Unit Price Total
093 V Expansion Joint
Beadex Super Wide Corner Bead
A/P "RED" Joint Compound
5/8" TYPE X
DRYWALL SCREWS (Box)
$1,140.00
$129.38
$161.00
$51.34
$18.03
Quantity
50.00
25.00
10.00
2.00
0.17
EA
PCS
EA
SHT
BOX
UOM
10'
10'
BOX
4X12
1 BOX
Size
LF
LF
EA
MSQFT
EA
2.28
.5175
16.10
534.75
109.25
$1,499.75Total Material
Material
To:
SESS-00001
Jan 11, 2023Date
Job #22050
Martel Construction
1203 South Church Avenue
Project:Bozeman Public Library
Bozeman, MT 59715
626 E Main Street
Bozeman, MT 59715
External/RCO#ADD-CJS
REQUEST FOR CHANGE ORDER
Ref.#
$1,850.00Markup: 15.00%
Total
Total
SMALL TOOLS 3%
SAFETY 2%
EQUIPMENT RENTAL 20%
$250.80
$167.20
$2,055.55
$418.00
$2,055.55
Total Miscellaneous Charges
Total Other Equipment Charges
Total Miscellaneous Charges
Total Other Equipment Charges
$12,333.30Sub Total:
Add CJ-093 on Level 2 & Patch Cracks @ existing Walls
ALL
ALL
ALL
ALL
ALL
SubSection
SubSection
ALL
ALL
ALL
ALL
SESSLERGC Ref#
Page 1 of 2
258
4524 Tacoma Ave , Sumner, Washington, 98390 T:253-863-0660 Fax: 253-863-0662
Run on:January 26, 2023 10:17 AM
http://www.sesslerinc.com
Sub's Comments: This proposal is priced with the understanding that all Framing and GWB will be installed and firetaped prior to Mechanical and
Electrical work, if applicable. Any existing Mechanical and Electrical items must be removed before this extra work begins. If this work proceeds in
a sequence other than defined above, there will be additional impact and other costs to the extra work and potentially the original contract work, as
well as a possible impact to the schedule necessitating the need for a further time extension.
This proposal does not include any amount for changes in the sequence of work, delays, disruptions, rescheduling, extended home office
overhead, schedule acceleration, and / or impact costs. The right is expressly reserved to make claim for any or all of these and related items of
cost, in accordance with the provisions of the Contract, prior to the final settlement of this Contract. Sessler reserves and does not waive all of its
rights regarding prior notices and claims.
A notice to proceed, a CCD or a signed change order for this work will indicate acceptance of the above pricing and conditions. This additional
work will extend durations at this area of the building. The additional work may affect the critical path.
259
Another Peters Painting
Daniel G. Peters
Address: 457 Violet Rd, Bozeman, MT. 59718
(All labor and equipment will be supplied by Another Peters Painting)
(Unless otherwise stated materials are included in bid pricing)
Phone: 406.586.6952 - Cell: 406.579.2753 - Fed ID#30-0725907
E-mail: anotherpeterspainting@gmail.com
Painting Bid Bid #
Labor and Equipment Estimates
Subtotal Labor $4,200.00
Materials Use Estimate
Subtotal Materials $0.00
Total Bid Amount
Interior New Construction Painting 0126233
Thank you for giving us this opportunity to bid your project. Please let us know if you have any questions or visit our
website for more information at . If you would like to have us schedule your project please call
or e-mail anytime. We look forward to hearing from you soon!
Thanks, Daniel Peters
Bid Details Totals
Another Peters Painting
Owner/Client: Address:
Phone: Work Phone: Email:
Project Address: Date:
Inteiror
Martel Construction 1203 S. Church, Bozeman, MT 59715
406-586-8585
Bozeman Public Library, Bozeman, MT 1/26/23
- Prime as needed and paint all walls with crack repair - Prime as needed and paint drywall repair in hallway $4,200.00
GWB ProMar 200 as per spec as per spec included
mdaines@martelconstruction.com
Surface Paint Type Paint Sheen Color Name Gallons Cost/Gallon Totals
$4,200.00
anotherpeterspainting.com
260
LEVEL 1100' -0"787.9OPEN TOBEYONDEXISTING CHILDREN'S ART, TO REMAINPT-2BRB-1BSEE A800 SERIES FOR MILLWORK NOTATIONSLIGHT FIXTURES, TYP. REFER TO E SHEETSTRIM-2BWD-3A4A563WD-3A PANELING OVER KNEE WALLS -SEE INT DTLS -COORDINATE WITH MILLWORK DRAWINGSLEVEL 1100' -0"LEVEL 2114' -8"CDEFGEXISTING CHILDREN'S ART, TO REMAINSSF-2AFWP-2PT-2BPT-2BPT-2BOPEN TO GALLERYOPEN TO BEYONDEXISTING ELEVATOR DOOR, NO CHANGESEXISTING BASE TO REMAIN116.1WDB-1ALIGHT FIXTURES, TYP. REFER TO E SHEETSSEE A800 SERIES FOR MILLWORK NOTATIONS2' - 10"1' - 0"EXISTING WOOD, TO REMAINEXISTING GUARDRAIL,NO CHANGES1A563ALIGNSHELVING N.I.C., SHOWN FOR REFERENCE ONLYLIGHT FIXTURES, TYP. REFER TO E SHEETSNEW FIRE STROBE, SEE E SHEETSWDB-1AVENDING MACHINES, BY OTHERS -COORDINATE WITH OWNER7' - 0"5LEVEL 1100' -0"LEVEL 2114' -8"787.9OPEN TO BEYONDPT-2BPT-2BEXISTING GUARDRAIL, NO CHANGESWDB-1AWDB-1ASEE A800 SERIES FOR MILLWORK NOTATIONSSHELVING SHOWN FOR REFERENCE ONLYLEVEL 1100' -0"DESEE A800 SERIES FOR MILLWORK NOTATIONSLIGHT FIXTURES, TYP. REFER TO E SHEETSSEE A800 SERIES FOR MILLWORK NOTATIONSWDB-1AWDB-1AWD-3AWD-3AWD-3A PANELING OVER KNEE WALLS -SEE INT DTLS -COORDINATE WITH MILLWORK DRAWINGS12"7' - 1 1/8"LEVEL 1100' -0"LEVEL 2114' -8"DEFGG.9OPEN TO BEYONDOPEN TO BEYONDOPEN TO BEYONDPT-2BSEE A800 SERIES FOR MILLWORK NOTATIONSEXISTING GUARDRAIL,NO CHANGES3A5632A563WDB-1AWD-3AWDB-1AWD-3AWD-3A9A5634A563TYPTYPTYPTYPWD-3AC.J.C.J.C.J.CENTER ON GRID / COLUMN, TYP.OPEN TO BEYOND666LEVEL 2114' -8"HG.9JI.5G.1424A5616A563PT-2BEXISTING BASEPT-2BDrawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd. Drawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd.ISSUE / REVISIONI hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the Laws of the State of Montana.Architect SealSignaturePrint NameDateLicense NoDateMarkDescription510 Marquette Avenue South, Suite 200Minneapolis, MN 55402 | 612.375.0336Dagmara LarsenARC-ARC-LIC-220201/27/2023 11:31:09 AMAutodesk Docs://2021005 Bozeman Public Library/2021005_R22_Architecture.rvtA502INTERIORELEVATIONSConstruction Documents2022.06.10Project No: 2021005BPLBozeman Public Library626 E Main St.Bozeman, MT 59715Architecture and InteriorsAssociate Architect2880 Technology Blvd W, Bozeman, MT, 59718 | 406.587.0721428 E Mendenhall St, Bozeman, MT 59715 | 406.219.2216Civil, Structural, Mechanical, Electrical, Plumbing, FireProtection, ITAudio / Visual1800 Deming Way #200, Middleton, WI 53562 | 608.223.9600Lighting Design1999 Broadway UNIT 2205, Denver, CO 80202 | 720.644.5044Landscape Architecture111 N Tracy Ave, Bozeman, MT 59715 | 406.587.48731/4" = 1'-0"A5024LIBRARY HUB 121 - EAST1/4" = 1'-0"A5021LIBRARY HUB 121 - NORTH1/4" = 1'-0"A5022LIBRARY HUB LOUNGE 121A - WEST1/4" = 1'-0"A5023BUSINESS CENTER 121B - SOUTH1/4" = 1'-0"A5025BUSINESS CENTER 121B - NORTH1 2022.06.10 Construction Documents5 2022.11.07 ASI-0046 Date 6 ASI-0051/4" = 1'-0"A5026MONTANA ROOM 201 - NORTH
261
LEVEL 2114' -8"23PT-2BPT-2BPT-2BWDB-1BEXISTING WOOD SHELVES TO REMAIN, NO CHANGESEXISTING BASEWDB-1BPT-2BA5638LEVEL 2114' -8"HJI.5G.14OPEN TOBEYONDPT-2BPT-2BWDB-1BEXISTING BASEEXISTING WOOD SHELVES TO REMAIN, NO CHANGESWDB-1B17A563EXISTING FIRE STROBES AND PAGING SPEAKERS ON THIS WALL TO REMAINPT-2BLEVEL 2114' -8"23OPEN TO BEYONDPT-2BPT-2BCENTER EMER LIGHT IN WALL. SEE E SHEETSWDB-1BCENTER TSTAT IN WALL. SEE M SHEETSGROUP SHADE AND LIGHTING CONTROLS AT PILASTERTOP OF EXISTING BULKHEAD TO REMAIN -V.I.FTIE INTO EXISTING FINISHES12A56313A563EDGE OF NEW F3 FURRING BEYONDROOF DRAIN LEADER IN EXISTING BULKHEAD. VERIFY ACTUAL LOCATION. REROUTE IF REQ'D TO MAINTAIN CONCEALED CONDITION PT-2BA5638A5635NEW LIGHT AT BULKHEADLEVEL 2114' -8"345PT-2BPT-2BPT-2BPT-2BPT-XX204205.1205.2GL-4GL-4EXISTING WOOD CASED STOREFRONT12' - 8" - R.O.NEW WOOD WALL CAP -MATCH EXISTING, SEE DETAILAS SCHED.2 SPACES - CENTER AS REQ'DAS SCHED.4' - 6"3' - 5"4" - TYP8' - 3"TIE NEW FINISH INTO EXISTINGSTFT-3SHELVING SHOWN FOR REFERENCE ONLYPT-2B10A56314A563CL POST IN WALL10A6014" - TYPWD-2ACASING, TYP. SEE DTLS15A563HSS3X3X3/16 EMBEDDED IN WALL -SEE DETAI. REF STRUCTURALTRANSFER DUCT -REF. MECHAT RETURNING WALL -REPAIR EXISTING AND PROVIDE NEW WOOD CAP DETAIL AT T.O. WALLLEVEL 2114' -8"3456787.99219216215OPEN TO BEYONDOPEN TO BEYONDOPEN TO BEYONDOPEN TO BEYONDPT-XXNEW EXTENTS OF MASONRY, TOOTH IN AND REPAIR EDGE OF BRK-1. MATCH COURSING AND GROUTMATCH EXISTING ADJACENT PAINTEXPANDED OPENING -REBUILD CMFS HEADERS AS REQ'D -PROVIDE NEW GWB-1 ABOVE AND TIE INTO EXISTING FINISHES13A56312A56316A563OPEN TO BEYONDMATCH EXISTING BASEPATCH EXISTING FINISHES OR PROVIDE NEW AS REQ'D FOR NEW WORK AT EXISTING PILASTERV.I.F.ALIGN WITH EXISTINGNEW CFMS HEADERS AT EXPANDED OPENINGSEXISTING MEP TO REMAINEXISTING MEP TO REMAIN17' - 2"18' - 0"6' - 4"13' - 8"6' - 4"13' - 8"6' - 4"13' - 8"OPEN TO BEYONDC.J.C.J.C.J.C.J.C.J.C.J.C.J.C.J.6LEVEL 2114' -8"HPT-2BOPEN TO BEYONDWD-1BGL-4GL-4GL-4GL-4GL-4GL-42' - 0"3' - 8"3' - 4"9' - 0"WD-2ACASING, TYP. SEE DETAILS4" - TYP.10' - 9" - R.O. (3 EQ PANELS)PT-XXSTFT-311A6015A6017A601TYPTYPTYPLEVEL 2114' -8"HPT-2BWDB-1BOPEN TO BEYONDART-117A5639' - 0"4"8' - 8"LEVEL 2114' -8"5OPEN TO BEYOND210WDB-1B6' - 8" - R.O.AS SCHED. +/-4" - TYP+/- AS SCHED.GL-1GL-4GL-4STFT-3WD-2ACASING, TYP. SEE DETAILS9' - 0"5A6016A601TYPTYPLEVEL 2114' -8"4209WDB-1BPT-2BGL-4GL-4GL-4AS SCHED. +/- 4" - TYP.9' - 0"6' - 2" - R.O.STFT-3AS SCHED.Drawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd. Drawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd.ISSUE / REVISIONI hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the Laws of the State of Montana.Architect SealSignaturePrint NameDateLicense NoDateMark Description510 Marquette Avenue South, Suite 200Minneapolis, MN 55402 | 612.375.0336Dagmara LarsenARC-ARC-LIC-220201/27/2023 11:31:10 AMAutodesk Docs://2021005 Bozeman Public Library/2021005_R22_Architecture.rvtA503INTERIORELEVATIONSConstruction Documents2022.06.10Project No: 2021005BPLBozeman Public Library626 E Main St.Bozeman, MT 59715Architecture and InteriorsAssociate Architect2880 Technology Blvd W, Bozeman, MT, 59718 | 406.587.0721428 E Mendenhall St, Bozeman, MT 59715 | 406.219.2216Civil, Structural, Mechanical, Electrical, Plumbing, FireProtection, ITAudio / Visual1800 Deming Way #200, Middleton, WI 53562 | 608.223.9600Lighting Design1999 Broadway UNIT 2205, Denver, CO 80202 | 720.644.5044Landscape Architecture111 N Tracy Ave, Bozeman, MT 59715 | 406.587.48731/4" = 1'-0"A5034MONTANA ROOM 201 - EAST1/4" = 1'-0"A5033MONTANA ROOM 201 - SOUTH1/4" = 1'-0"A5032MONTANA ROOM 201 - WEST1/4" = 1'-0"A5039UPPER READING ROOM 203 - EAST1/4" = 1'-0"A5031UPPER READING ROOM 203 - WEST1/4" = 1'-0"A5036LOUNGE 208 - SOUTH1/4" = 1'-0"A5038LOUNGE 208 - NORTH1/4" = 1'-0"A5035HALLWAY 208 - EAST1/4" = 1'-0"A5037LOUNGE 208 - WEST1 2022.06.10 Construction Documents6 Date 6 ASI-005
262
A101S - LEVEL ONE -SOUTH.pdf (26% of Scale); Takeoff in Active Area: All Areas; Add CJ-093 to Existing Walls; MT-OST2022 Q1; 1/11/2023 07:53 AM
263
January 26, 2023
City of Bozeman
PO Box 1230
Bozeman, MT 59715-5801
ATTN:Jon Henderson
Martel COR #
PROJECT:Bozeman Public Library
SUBJECT:Storefront Jamb Replacement
Jon,
We propose to provide all labor, materials, and equipment required to
perform the above mentioned work. Our lump sum quotation is based
on our interpretation of the instructions and scope of work
identified by the addendums. If we have misinterpreted this information in any
way (omissions, etc.) please advise us prior to processing this quotation into a
formal Change Order. Other wise, our interpretation shall stand as correct.
We have not been directed to proceed with the work.
At this time, we are hereby requesting 0 calendar days for a time extension
Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays.
Our proposal is based on receipt of a signed Change Order within (25) calendar days.
We are requesting to use CONSTRUCTION CONTINGENCY to cover the increased cost of:1,363$
If you have any questions, please call me at (406) 223-9011
A signature below indicates the owner has accepted the change order and the work will proceed.
Sincerely,
Mike Daines-Project Manager
MARTEL CONSTRUCTION, INC.
10
264
Spreadsheet Report Page 1
Bozeman Public Library - 3.11.2022 1/30/2023 8:29 AM
Group Phase Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount
01-0000 GENERAL REQUIREMENTS1
01-0110 Supervision2
General Conditions Labor (including all fringe
and insurance)
1.00 hour 72 *-*-723
Supervision 72 72
GENERAL REQUIREMENTS 72 72
08-0000 DOORS & WINDOWS4
08-1100 Steel Doors & Frames5
Metal Door Frames - double 1.00 ls 1,200 --1,2006
Steel Doors & Frames 1,200 1,200
DOORS & WINDOWS 1,200 1,200
Estimate Totals
Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total
Labor 72
Material
Subcontract 1,200
Equipment
Other
1,272 1,272
General Liability Insurance 12
Performance Bond 9
Gross Receipts Tax
Builders Risk 5
Construction Fee 65
Construction Contingency
91 1,363
Total 1,363
265
Change Order
Order#: 2 - Door Frames
Project: To: Martel Construction, Inc.*
1203 South Church
Bozeman MT 59715
Bozeman Public Library Remodel 2022
626 E Main Street
Bozeman MT 59715
362,545.00
The contractor agrees to perform and the owner agrees to
pay for the following changes to this contract.
Requested Amount of Change
-64,800.00
The original Contract Sum was
Plans Attached
297,745.00
Contractor: Date:
Negative changes will lower the overall contract
price requiring no additional payment by owner.
Order Date:
Ordered By: Customer Order:
01/28/2023
14 Cody Armknecht
Net change by previous Change Orders
The Contract Sum prior to this Change Order
The Contract Sum will be changed by this Change Order
The new Contract Sum including this Change Order will be 298,945.00
15456
1,200.00
1,200.00
PO Box 10067
Bozeman MT 59719
(406) 586-0581
Specifications Attached
Description of Work Amount
Add new door frames to to 2 ea
replacement door pairs 1,200.00
266
February 8, 2023
City of Bozeman
PO Box 1230
Bozeman, MT 59715-5801
ATTN:Jon Henderson
Martel COR #
PROJECT:Bozeman Public Library
SUBJECT:Floor Grate
Jon,
We propose to provide all labor, materials, and equipment required to
perform the above mentioned work. Our lump sum quotation is based
on our interpretation of the instructions and scope of work
identified by the addendums. If we have misinterpreted this information in any
way (omissions, etc.) please advise us prior to processing this quotation into a
formal Change Order. Other wise, our interpretation shall stand as correct.
We have not been directed to proceed with the work.
At this time, we are hereby requesting 0 calendar days for a time extension
Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays.
Our proposal is based on receipt of a signed Change Order within (25) calendar days.
We are requesting a DECREASE in GMP in the amount of:10,215$
If you have any questions, please call me at (406) 223-9011
A signature below indicates the owner has accepted the change order and the work will proceed.
Sincerely,
Mike Daines-Project Manager
MARTEL CONSTRUCTION, INC.
11
267
Spreadsheet Report Page 1
Bozeman Public Library - 3.11.2022 2/8/2023 8:59 AM
Group Phase Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount
01-0000 GENERAL REQUIREMENTS1
01-0110 Supervision2
General Conditions Labor (including all fringe
and insurance)
8.00 hr 572 *-*-5723
Supervision 572 572
01-0150 Project Management4
Cost Management Labor (including all fringe and
insurance)
2.00 hr 133 *-*-1335
Project Management 133 133
GENERAL REQUIREMENTS 706 706
03-0000 CONCRETE6
03-1330 Recessed Slabs7
Concrete floor prep (plywood, self leveler, labor
hours)
315.00 sf 2,181 743 ---2,9248
Recessed Slabs 2,181 743 2,924
CONCRETE 2,181 743 2,924
09-0000 FINISHES9
09-6800 Carpet10
Carpet walk off squares and transitions 1.00 ls --3,400 --3,40011
Carpet 3,400 3,400
FINISHES 3,400 3,400
12-0000 FURNISHINGS12
12-4800 Floor Mats & Frames13
GRATE-1 Roll-Up Walk Off Mat - West Vestibule 206.00 sf (891)(9,822)*--(10,713)14
GRATE-1 Roll-Up Walk Off Mat - North Vestibule 109.00 sf (472)(5,374)--(5,846)15
Floor Mats & Frames (1,363)(15,196)(16,559)
FURNISHINGS (1,363)(15,196)(16,559)
Estimate Totals
Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total
Labor 1,523
Material (14,453)
Subcontract 3,400
Equipment
Other
(9,530)(9,530)
General Liability Insurance (92)
Performance Bond (70)
Gross Receipts Tax
Builders Risk (37)
Construction Fee (486)
Construction Contingency
(685)(10,215)
Total (10,215)
268
269
February 14, 2023
City of Bozeman
PO Box 1230
Bozeman, MT 59715-5801
ATTN:Jon Henderson
Martel COR #
PROJECT:Bozeman Public Library
SUBJECT:2nd Floor Paint
Jon,
We propose to provide all labor, materials, and equipment required to
perform the above mentioned work. Our lump sum quotation is based
on our interpretation of the instructions and scope of work
identified by the addendums. If we have misinterpreted this information in any
way (omissions, etc.) please advise us prior to processing this quotation into a
formal Change Order. Other wise, our interpretation shall stand as correct.
We have not been directed to proceed with the work.
At this time, we are hereby requesting 0 calendar days for a time extension
Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays.
Our proposal is based on receipt of a signed Change Order within (25) calendar days.
We are requesting an INCREASE in the GMP in the amount of:4,771$
If you have any questions, please call me at (406) 223-9011
A signature below indicates the owner has accepted the change order and the work will proceed.
Sincerely,
Mike Daines-Project Manager
MARTEL CONSTRUCTION, INC.
12
270
Spreadsheet Report Page 1
Bozeman Public Library - 3.11.2022 2/14/2023 8:38 AM
Group Phase Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount
01-0000 GENERAL REQUIREMENTS1
01-0110 Supervision2
General Conditions Labor (including all fringe
and insurance)
2.00 hr 143 *-*-1433
Supervision 143 143
01-0150 Project Management4
Cost Management Labor (including all fringe and
insurance)
2.00 hr 133 *-*-1335
Project Management 133 133
GENERAL REQUIREMENTS 276 276
09-0000 FINISHES6
09-9100 Paint Finishes7
Interior Painting 1.00 ls --4,175 --4,1758
Paint Finishes 4,175 4,175
FINISHES 4,175 4,175
Estimate Totals
Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total
Labor 276
Material
Subcontract 4,175
Equipment
Other
4,451 4,451
General Liability Insurance 43
Performance Bond 33
Gross Receipts Tax
Builders Risk 17
Construction Fee 227
Construction Contingency
320 4,771
Total 4,771
271
Another Peters Painting
Daniel G. Peters
Address: 457 Violet Rd, Bozeman, MT. 59718
(All labor and equipment will be supplied by Another Peters Painting)
(Unless otherwise stated materials are included in bid pricing)
Phone: 406.586.6952 - Cell: 406.579.2753 - Fed ID#30-0725907
E-mail: anotherpeterspainting@gmail.com
Painting Bid Bid #
Labor and Equipment Estimates
Subtotal Labor $7,825.00
Materials Use Estimate
Subtotal Materials $0.00
Total Bid Amount
Interior New Construction Painting 0213231
Thank you for giving us this opportunity to bid your project. Please let us know if you have any questions or visit our
website for more information at . If you would like to have us schedule your project please call
or e-mail anytime. We look forward to hearing from you soon!
Thanks, Daniel Peters
Bid Details Totals
Another Peters Painting
Owner/Client: Address:
Phone: Work Phone: Email:
Project Address: Date:
Inteiror
Martel Construction 1203 S. Church, Bozeman, MT 59715
406-586-8585
Bozeman Public Library, Bozeman, MT 2/13/23
- Prime as needed and paint all walls with crack repair - Prime as needed and paint drywall repair in hallway $4,200.00
- Paint 2 coats new color on large w/crack repair $750.00
- Paint 2 coats new color on 2nd floor common hallway walls and 1st and 2nd floor half walls $2,875.00
GWB ProMar 200 as per spec as per spec included
mdaines@martelconstruction.com
Surface Paint Type Paint Sheen Color Name Gallons Cost/Gallon Totals
$7,825.00
anotherpeterspainting.com
272
January 26, 2023
City of Bozeman
PO Box 1230
Bozeman, MT 59715-5801
ATTN:Jon Henderson
Martel COR #
PROJECT:Bozeman Public Library
SUBJECT:2nd Floor Insulation
Jon,
We propose to provide all labor, materials, and equipment required to
perform the above mentioned work. Our lump sum quotation is based
on our interpretation of the instructions and scope of work
identified by the addendums. If we have misinterpreted this information in any
way (omissions, etc.) please advise us prior to processing this quotation into a
formal Change Order. Other wise, our interpretation shall stand as correct.
We have not been directed to proceed with the work.
At this time, we are hereby requesting 0 calendar days for a time extension
Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays.
Our proposal is based on receipt of a signed Change Order within (25) calendar days.
We are requesting an increase in the GMP to cover the increased cost of:8,730$
If you have any questions, please call me at (406) 223-9011
A signature below indicates the owner has accepted the change order and the work will proceed.
Sincerely,
Mike Daines-Project Manager
MARTEL CONSTRUCTION, INC.
13
$6,099$6,099 OR $9,787
(see next two pages)
273
Spreadsheet Report Page 1
Bozeman Public Library - 3.11.2022 3/9/2023 11:28 AM
Group Phase Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount
01-0000 GENERAL REQUIREMENTS1
01-0110 Supervision2
General Conditions Labor (including all fringe and
insurance)
4.00 hour 286 *-*-2863
Supervision 286 286
GENERAL REQUIREMENTS 286 286
07-0000 THERMAL & MOISTURE PROT.4
07-2120 Rigid Insulation5
Rigid Insulation 1,952.00 sf 3,140 5,709 --8,8496
Rigid Insulation 3,140 5,709 8,849
THERMAL & MOISTURE PROT.3,140 5,709 8,849
Estimate Totals
Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total
Labor 3,426
Material 5,709
Subcontract
Equipment
Other
9,135 9,135
General Liability Insurance 87
Performance Bond 66
Gross Receipts Tax
Builders Risk 35
Construction Fee 464
Construction Contingency
652 9,787
Total 9,787
274
January 26, 2023
City of Bozeman
PO Box 1230
Bozeman, MT 59715-5801
ATTN: Jon Henderson
Martel COR #
PROJECT:Bozeman Public Library
SUBJECT:2nd Floor Carpet Cleaning
Jon,
We propose to provide all labor, materials, and equipment required to
perform the above mentioned work. Our lump sum quotation is based
on our interpretation of the instructions and scope of work
identified by the addendums. If we have misinterpreted this information in any
way (omissions, etc.) please advise us prior to processing this quotation into a
formal Change Order. Other wise, our interpretation shall stand as correct.
We have not been directed to proceed with the work.
At this time, we are hereby requesting 0 calendar days for a time extension
Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays.
Our proposal is based on receipt of a signed Change Order within (25) calendar days.
We are requesting to use contingency to cover the increased cost of: 3,700$
If you have any questions, please call me at (406) 223-9011
A signature below indicates the owner has accepted the change order and the work will proceed.
Sincerely,
Mike Daines-Project Manager
MARTEL CONSTRUCTION, INC.
14
275
January 26, 2023
City of Bozeman
PO Box 1230
Bozeman, MT 59715-5801
ATTN:Jon Henderson
Martel COR #
PROJECT:Bozeman Public Library
SUBJECT:Additional Fire Sprinkler Heads
Jon,
We propose to provide all labor, materials, and equipment required to
perform the above mentioned work. Our lump sum quotation is based
on our interpretation of the instructions and scope of work
identified by the addendums. If we have misinterpreted this information in any
way (omissions, etc.) please advise us prior to processing this quotation into a
formal Change Order. Other wise, our interpretation shall stand as correct.
We have not been directed to proceed with the work.
At this time, we are hereby requesting 0 calendar days for a time extension
Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays.
Our proposal is based on receipt of a signed Change Order within (25) calendar days.
We are requesting to use contractor contingency to cover the cost of:2,232$
If you have any questions, please call me at (406) 223-9011
A signature below indicates the owner has accepted the change order and the work will proceed.
Sincerely,
Mike Daines-Project Manager
MARTEL CONSTRUCTION, INC.
17
276
Spreadsheet Report Page 1
Bozeman Public Library - 3.11.2022 4/11/2023 4:53 PM
Group Phase Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount
01-0000 GENERAL REQUIREMENTS1
01-0110 Supervision2
General Conditions Labor (including all fringe and
insurance)
4.00 hour 286 *-*-2863
Supervision 286 286
01-0150 Project Management4
Project Manager 1.00 hr 67 --675
Project Management 67 67
GENERAL REQUIREMENTS 353 353
21-0000 FIRE SUPPRESSION6
21-0500 Fire Suppression7
Fire Suppression Systems 1.00 ls --1,730 --1,7308
Fire Suppression 1,730 1,730
FIRE SUPPRESSION 1,730 1,730
Estimate Totals
Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total
Labor 353
Material
Subcontract 1,730
Equipment
Other
2,083 2,083
General Liability Insurance 20
Performance Bond 15
Gross Receipts Tax
Builders Risk 8
Construction Fee 106
Construction Contingency
149 2,232
Total 2,232
277
Change Order Proposal
P.O. Box 5868 / Helena, MT 59604 406-495-1543 Phone / 406-443-3578 Fax
TO: ____________________________________
ATTN: ____________________________________
PHONE: ____________________________________
EMAIL: ____________________________________
Change Request No: __________________________
Job Name: __________________________
ITM Job #: __________________________
Date of Proposal: __________________________
WORK TO BE DONE:
DIRECT LABOR ESTIMATED ACTUAL Hours Rate Total
Labor -Journeyman $ $
Labor -Apprentice $ $
$ $
$ $
SUBTOTAL LABOR $
MATERIAL ESTIMATED ACTUAL Quantity Unit Cost Total
$ $
$ $
SUBTOTAL MATERIAL $
OTHER ESTIMATED ACTUAL
Bonds, Insurance Permits $
Cleanup and Handling $
Consumables $
Project Management & Administration $
Safety
Subcontracting $
Tools & Supplies $
Travel, Subsistence, Mileage $
Other / Miscellaneous $
SUBTOTAL $
Overhead $
Profit $
TOTAL PROPOSED CHANGE ORDER COSTS $
This change requires a time extension of day(s). Pricing void / subject to revision after . The costs represented in this Change Proposal include only those that can be identified at this time. No impact or delay costs are included. Should it be determined at a later date that the project has been impacted by multiple changes, delays, or other causes beyond our control, we are reserving our right to submit additional costs at such time.
Submitted by: Kevin Briceno
Approved by:
Date:
Date:
1101 Chestnut St | Helena, MT 59601 | Phone: 406.495-1543
Martel Construction 1
Mike Daines Bozeman Public Library
406-223-9011 S6683
mdaines@martelconstruction.com 4-11-2023
Add four upright heads to the space behind elevator.
n
5 95.00 475.00
5 68.00 340.00
815.00
n
0.00
302.00 302.00
302.00
100.00
150.00
1,367.00
205.05
157.21
1,729.26
4-11-2023
15%1,572.05
10%
278
GUARANTEED MAXIMUM PRICE AMENDMENT (GMP) NO. 5
TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER
Pursuant to Article 4.5 of the Preconstruction Services Conditions Agreement between Owner and
Construction Manager this amendment dated the 27th day of June 2023, between City of Bozeman
(“Owner”) and Martel Construction, Inc. (“Contractor”) for the Bozeman Public Library, hereby
establishes a Guaranteed Maximum Price and Contract Time for the portion of the Project as set forth
below:
GUARANTEED MAXIMUM PRICE FOR BOZEMAN PUBLIC LIBRARY
The Construction Manager’s Guaranteed Maximum Price (GMP) for the Work, including the Cost of the
Work and the Construction Manager’s Fee is as follows:
Base Bid
General Requirements $234,607.00
Existing Conditions $44,768.00
Concrete $13,968.00
Masonry $19,500.00
Steel $50,401.00
Wood & Plastics $555,335.00
Thermal & Moisture Protection $56,578.00
Doors & Windows $359,921.00
Finishes $623,789.00
Specialties $2,202.00
Equipment $28,033.00
Furnishings $41,252.00
Fire Suppression $43,288.00
Plumbing $67,671.00
HVAC $110,350.00
Electrical $958,231.00
Communications $38,426.00
Site Improvements $3,034.00
Site Specific Requirements $152,990.00
Audio/Visual $211,518.00
Base Bid Subtotal $3,615,862.00
General Liability Insurance $35,330.00
Gross Receipts Tax $3,857.00
Builders Risk $14,290.00
Bond $26,992.00
Construction Fee $188,746.00
279
Construction Contingency $82,287.00
Base Bid Total $351,502.00
Pre-Construction Services Total $21,560.00
TOTAL GUARANTEED MAXIMUM PRICE $3,988,924.00
CONTRACT TIME
The date of Substantial Completion for the Work outlined above is: 12 months from Notice to Proceed
OWNER: CONTRACTOR:
City of Bozeman Martel Construction, Inc.
121 N. Rouse Ave. 1203 S. Church Ave.
Bozeman, MT 59715 Bozeman, MT 59715
By:__________________________ By: __________________________
Jeff Mihelich, City Manager Travis Kabalin, Vice President
280
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Strategic Services Director
SUBJECT:Resolution 5499, Authorizing the City Manager to Sign Prime Change Order 1
and Guaranteed Maximum Price Amendment 3 with Martel Construction,
Inc. for the Construction of the Fire Station 2 Relocation Project
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5499, authorizing prime change order #1 and
guaranteed maximum price amendment #3 with Martel Construction, Inc.,
for construction of the Fire Station #2 relocation project
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:On March 28, 2023 the City Commission approved Guaranteed Maximum
Price Amendment #2 for the construction of the Fire Station #2 Relocation
Project as a part of the General Construction / Construction Manager
Agreement.
This amendment contains provisions for altering the conditions of the
agreement as authorized by the owner (City) resulting in an increase of
$117,300 to the overall Guaranteed Maximum Price. Changes that will be
addressed with this amendment include fiber optic pathway changes,
builders risk earthquake insurance, site work reconciliation, and non-potable
irrigation allowance.
While every reasonable attempt was made to include everything in the
original project plans and specs, projects of this size and complexity require
changes during construction.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:The changes included in this request result in an increase of $117,300 to the
overall Guaranteed Maximum Price to be covered within the existing project
budget as authorized by the City Commission.
Attachments:
281
Resolution 5499.pdf
Prime Change Order #1.pdf
Bozeman Fire Station #2 - Guaranteed Maximum Price
Amendment No. 3.pdf
Report compiled on: June 15, 2023
282
Version April 2020
RESOLUTION 5499
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
WHEREAS, the City Commission did, on March 28, 2023, authorize Guaranteed
Maximum Price (GMP) Amendment #2 for relocation and construction of Fire Station #2 with
Martel Construction, Inc.; and
WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such
alterations for modification of the specifications and/or plans of the contract be made by resolution;
and
WHEREAS, it has become necessary in the prosecution of the work to make alterations
and modifications to the specifications and/or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the proposed modifications and/or alternates to GMP Amendment #3 for
Construction of Fire Station #2, as contained in Prime Change Order #1, attached hereto, be and
the same are hereby approved; and the City Manager is hereby authorized and directed to execute
the contract change order for and on behalf of the City; and the City Clerk is authorized and
directed to attest such signature., to wit:
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 27th day of June 2023.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
283
Version April 2020
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
284
April 17, 2023
City of Bozeman - Fire Station # 2
575 West Kagy Blvd
Bozeman, Montana 59715
ATTN: Jon Henderson
Change Order Request No. COR 01B
Pricing Request No.PR 001B
PROJECT: Bozeman Fire Station # 2
SUBJECT: Fiber Optic Pathway Changes (2) 2" Raceway
REFERENCE: Site Work - Fiber Optic Pathway Changes
Dear : Jon Henderson,
We propose to provide all labor, materials, and equipment required to
perform the above mentioned work. Our lump sum quotation is based
on our interpretation of the instructions and scope of work
identified by the Proposal Request(s). If we have misinterpreted this information in any
way (omissions, etc.) please advise us.
Other wise, our interpretation shall stand as correct.
We have not been directed to proceed with the work per the terms of the contract.X
We have proceeded with the Work per the terms of the contract.
At this time, we are hereby requesting 0 calendar days for a time extension
Please note this proposal is valid for (10) calendar days from this date and
our proposal is based on receipt of a signed Change Order within (15) calendar days.
We are adjusting the Construction Contingency in the amount of:
We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:8,264.00$
If you have any questions, please call me at (406) 922-5508
Sincerely,
MARTEL CONSTRUCTION, INC.City of Bozeman - Approval
Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director
Enclosure(s)
Estimate PDF
CC.File
285
Martel Construction Spreadsheet Report Page 1
BFS2 COR 001B- Fiber Optic Pathway Changes 4/17/2023 5:16 PM
Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount
01-0000 GENERAL REQUIREMENTS1
Supervision2
Superintendent 4.00 hr 281 440 --7213
Supervision 281 440 721
Project Management4
Project Manager 4.00 hr 281 440 --7215
Project Management 281 440 721
Professional Surveying6
Sitework Staking by Professional Engineer 4.00 hr ---588 5887
Professional Surveying 588 588
GENERAL REQUIREMENTS 563 880 588 2,031
27-0000 COMMUNICATIONS8
Communications9
Communications Systems - Fiber Optic
Re-Locate (original bid (2) 2")
500.00 lf --(13,100)--(13,100)10
Communications Systems - Fiber Optic (2) 2"
HDPE Pathway (No Fiber included)
660.00 lf --18,730 --18,73011
Communications 5,630 5,630
COMMUNICATIONS 5,630 5,630
Estimate Totals
Description Amount Totals Hours Rate
Labor 563 8.000 hrs
Material 880
Subcontract 5,630
Equipment 8.000 hrs
Other 588
7,661 7,661
General Liability Insurance 74 0.890 %
Gross Receipts Tax 77 1.000 %
Bond 59 0.750 %
Construction Fee 393 5.000 %
603 8,264
Total 8,264
286
Quote
Date
Town
Job Name
P.O. Box 8688, Kalispell, MT 59904 Job Location
Phone
Description Quantity Price
660.00 7,920.00$
1220.00 3,660.00$
6.00 2,400.00$
2.00 500.00$
2.00 1,500.00$
2.00 2,500.00$
1.00 250.00$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
18,730.00$
Authorized
Vac truck to expose existing utilities
BILLED PER FOOT
BILLED PER HOUR
12.00
3.00
400.00
250.00
Soil Condition
30x48x36 Vault
BILLED PER FOOT
750.00
Trench and place 2-2" conduits
2" HDPE
Place Vault
Remove sidewalk panel ***CONCRETE TO BE REPLACED BY OTHER***
Place conduit in existing vault/Pull Box
****PERMITS PROVIDED BY OTHER****
Price each
4/10/23
575 W Kagy
Bozeman Fire Station 2 Fiber Reroute
Bozeman
1,250.00
250.00
****If there is still frost in the ground additional frost charges, haul off, and select fill will be
charged****
Date of Acceptance__________________________________________
Signature____________________________________________________________________
Acceptance of Proposal - The above prices, specifications, and conditions are satisfactory and are hereby
accepted. You are authorized to do work as specified. Payment will be made as outlined above.Signature____________________________________________________________________
Signature____________________________________________________________________
We Propose hereby to furnish services - Complete in accordance with above specifications, for the sum of:
Proposal Submitted To
Martel Construction ATTN: Mike Wilkinson
Street
Note: This proposal may withdrawn by us if not accepted within 30 days.
City, State, Zip
All work is guaranteed to be as specified. All work to be completed in a workmanlike manner according to
standard practices. Any alteration or deviation from above specifications involving extra costs will be
executed only upon written orders, and will become an extra charge over and above the estimate.
Miscellaneous:
Customer Responsible for all permits unless stated otherwise.
RMC will provide Customer with itemized bore log.
In extreme conditions RMC will make three attempts, if RMC has not yet been
successful and customer would like us to continue, an additional daily rate will be charged
for crew and equipment of $5,000.00 per day (above and beyond the footage obtained
if successful) until either the bore is completed or we are instructed to pull off by customer.
Payment Terms: Net 10
1
287
Quote
Date
Town
Job Name
P.O. Box 8688, Kalispell, MT 59904 Job Location
Phone
Description Quantity Price
500.00 6,000.00$
1000.00 3,000.00$
4.00 1,600.00$
2.00 500.00$
1.00 750.00$
1.00 1,250.00$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
13,100.00$
Authorized
Vac truck to expose existing utilities
BILLED PER FOOT
We Propose hereby to furnish services - Complete in accordance with above specifications, for the sum of:
BILLED PER HOUR
12.00
3.00
400.00
250.00
Soil Condition
30x48x36 Vault ****IF NEEDED****
BILLED PER FOOT
750.00
Trench and place 2-2" conduits ****CONDUIT TO BE STUBBED UP AT EACH BUILDING***
2" HDPE
Place Vault ****IF NEEDED****
Place conduit in existing vault ****IF NEEDED****
****PERMITS PROVIDED BY OTHER****
1,250.00
Price each
2/10/23
575 W Kagy
****If there is still frost in the ground additional frost charges, haul off, and select fill will be
charged****
Date of Acceptance__________________________________________
Signature____________________________________________________________________
Acceptance of Proposal - The above prices, specifications, and conditions are satisfactory and are hereby
accepted. You are authorized to do work as specified. Payment will be made as outlined above.Signature____________________________________________________________________
City, State, Zip
All work is guaranteed to be as specified. All work to be completed in a workmanlike manner according to
standard practices. Any alteration or deviation from above specifications involving extra costs will be
executed only upon written orders, and will become an extra charge over and above the estimate.
Miscellaneous:
Customer Responsible for all permits unless stated otherwise.
RMC will provide Customer with itemized bore log.
In extreme conditions RMC will make three attempts, if RMC has not yet been
successful and customer would like us to continue, an additional daily rate will be charged
for crew and equipment of $5,000.00 per day (above and beyond the footage obtained
if successful) until either the bore is completed or we are instructed to pull off by customer.
Bozeman Fire Station 2 Fiber Reroute
Bozeman
Signature____________________________________________________________________
Payment Terms: Net 10
Proposal Submitted To
Martel Construction ATTN: Mike Wilkinson
Street
Note: This proposal may withdrawn by us if not accepted within 30 days.
1
288
289
April 20, 2023
City of Bozeman - Fire Station # 2
575 West Kagy Blvd
Bozeman, Montana 59715
ATTN: Jon Henderson
Change Order Request No. COR 002
Pricing Request No.
PROJECT: Bozeman Fire Station # 2
SUBJECT: Builder Risk Earthquake Insurance
REFERENCE: Earthquake Insurance Quote for Builders Risk
Dear : Jon Henderson,
We propose to provide all labor, materials, and equipment required to
perform the above mentioned work. Our lump sum quotation is based
on our interpretation of the instructions and scope of work
identified by the Proposal Request(s). If we have misinterpreted this information in any
way (omissions, etc.) please advise us.
Other wise, our interpretation shall stand as correct.
We have not been directed to proceed with the work per the terms of the contract.X
We have proceeded with the Work per the terms of the contract.
At this time, we are hereby requesting 0 calendar days for a time extension
Please note this proposal is valid for (10) calendar days from this date and
our proposal is based on receipt of a signed Change Order within (15) calendar days.
We are adjusting the Construction Contingency in the amount of:
We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:23,130.00$
If you have any questions, please call me at (406) 922-5508
Sincerely,
MARTEL CONSTRUCTION, INC.City of Bozeman - Approval
Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director
Enclosure(s)
Estimate PDF
CC.File
290
Martel Construction Spreadsheet Report Page 1
BFS2 COR 001B- Fiber Optic Pathway Changes 4/20/2023 3:06 PM
Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount
01-0000 GENERAL REQUIREMENTS1
General Insurance2
Builders Risk Insurance - Earthquake Seperate
Policy
1.00 ls -23,130 --23,1303
General Insurance 23,130 23,130
GENERAL REQUIREMENTS 23,130 23,130
Estimate Totals
Description Amount Totals Hours Rate
Labor
Material 23,130
Subcontract
Equipment
Other
23,130 23,130
General Liability Insurance
Gross Receipts Tax
Bond
Construction Fee
23,130
Total 23,130
291
Insurance Quote
Dear: Tiffany Obie, First West, Inc.
Attached please find Carrier quotation RPS has secured on your behalf for the below mentioned risk.
Please review the attached and below carefully as coverage described herein may be different from the original application
submitted, or prior policy if applicable.
Insured: Martel Construction, Inc.
Insured ID: 56572545
RPS Reference #: 5694296A
Mailing Address: 121 North Rouse AVE Bozeman, MT 59715
Physical Address: 575 West Kagy Blvd, Bozeman, MT 59715
Carrier: Underwriters at Lloyd's, London / Non-Admitted AM Best Rating: A XV
Policy Period: 4/1/2023 to 6/30/2024
Coverage: Earthquake
TIV: per Carrier terms attached
Limit: per Carrier terms attached
Rate: per Carrier terms attached
Policy Premium:$21,500.00
Fees (fully earned):Broker Fee - RPS $100.00
Carrier Policy Fee $600.00
Taxes:$607.75 Surplus Lines Tax
$322.50 Fire Marshal Tax
Home State:MT
TOTAL:$23,130.25
THE PREMIUM ABOVE DOES NOT INCLUDE TERRORISM COVERAGE. IF THE INSURED ELECTS TO PURCHASE
TERRORISM COVERAGE THE ADDITIONAL PREMIUM WILL BE $10,750.00 PLUS TAX OF $456.88.
Minimum Earned Premium: 100%
Conditions/Subjectivities: per Carrier terms attached
Please note:
·You are responsible for reviewing and explaining the coverage to the client, including any options, available or not from
our office. The terms hereon are not fully described and no assumption should be made as to the adequacy of the
coverage of the risk to the client.
·You are not an Agent of the insurer, and as such, cannot bind coverage nor make any commitments on behalf of the
292
insurer, nor of us. This policy cannot be assigned to another without the written consent of the insurer or their Agent.
·Insurance companies will not approve binding until all subjectivities (except inspections) have been received and
accepted.
·This document is a representation of the Carrier's quotation and is subject to all premiums, limits, terms, conditions
and exclusions as set forth by the carrier.
·If this policy is issued on a non-admitted basis, your office is responsible for completing, collecting and delivery to RPS
any required surplus lines forms, taxes and fees from the insured at time of Binding. RPS will remit the applicable
taxes and forms to the state. If this policy is subject to the surplus lines laws in your state, you should make every
effort to comply with any special provisions and regulations of your state.
·You are responsible for the issuance and review of Certificates of Insurance (COI). COIs cannot amend or alter the
terms provided herein.
·All premiums and any fees are due to RPS within 20 days of binding unless otherwise stipulated. Accounts with
payments that are overdue and are not received within this time frame are subject to cancellation.
·By binding you commit to any provisions contained hereon, such as Minimum Earned Premiums. There are no flat
cancellations allowed.
Please advise in writing if you would like to bind coverage per the attached terms and conditions. Should you have any
questions please give us a call. Thank you for the opportunity to work on your business!
Sincerely,
Russ Akin
293
MONTANA SURPLUS LINES SUBMISSION FORM
NOTICE: Complete entire submission form. Do not leave any blanks. Write “NA" if any question is “not applicable.” Incomplete submission forms will be returned.
INSURED:Martel Construction, Inc.POLICY NUMBER:
MT ADDRESS:575 West Kagy Blvd
Bozeman, MT 59715 FILED ON A BINDER Yes No
PART 1: Affirmation of Produciung Insurance Producer Section
The undersigned hereby affirms that the insurance, which is subject to this affirmation, is in accordance with Title 33, Section 33-2-301 et seq., MCA, the Surplus Lines Insurance Law of the State
of Montana. The insurance which is the subject of this affirmation was not procured for: 1) The purpose of securing advantages as to the terms of the insurance contract and; 2) the purpose of
obtaining a lower premium rate than would be accepted by the authorized insurer except as provided in MCA 33-2-302 (2)(a)(iii)(A). Furthermore: 1) The insurance which is the subject of this
affirmation is a line of insurance which appears on the most recent Approved Risk List (ARL) issued by the Commissioner of Insurance; or 2) Immediately before requesting from an unauthorized
insurer the insurance which is the subject of this affirmation, I endeavored diligently and unsuccessfully to secure equivalent coverage from authorized insurers holding certificates of authority to
transact this line or the full amount of the line of insurance in the State of Montana. and; 3) I am aware that prior to placing the insurance that the surplus lines insurer with whom the insurance is
placed is not authorized in this state and is not subject to the same supervision as an authorized insurer; and in the event of the insolvency of the surplus lines insurer, the property and casualty
guaranty fund of the state will not pay losses under the surplus lines coverage
Is the risk included on the most recent Approved Risk List? YES or NO If so, in which category? (Ex: GL-01)
If not included on the most recent ARL describe 1) Type of Risk
1a) EXPLAIN in detail why insurance for this risk is unavailable from an authorized insurer: (COMPLETE SENTENCE)
2)Indicate prior insurer:2a) Explain why the prior insurer, if an authorized insurer, did not renew:
2b) If a renewal was offered, what was the renewal quote?(IF NONE PUT "NONE")
3)Are you filing using the 10%? MCA 33-2-302 (2)(a)(iii)(A) (Y or N)(DILIGENT EFFORT IS REQUIRED)
(If YES, you are affirming: 1. I have provided the insured with the disclosure information required by statute. 2. The unauthorized market quote was placed with a
surplus lines company that is “A” rated or better. 3. The authorized market quote(s) that were used were the lowest premium from the diligent effort. 4. The difference
between the authorized market quote(s) and the unauthorized market quote(s) meets the 10% requirement. 5. I listed the lowest quotes obtained from the authorized
market search in #4 below.)
4)Is the insured an Exempt Commercial Purchaser?YES NO, If "No" List a minimum of three authorized insurers you contacted for
your diligent efforts to place this insurance,:
A.B.C.
$$$
I,Tiffany Obie ,I am one and the same person whose name is subscribed below: that I have read the same and
know the contents thereof: and that the statement of facts contained herein are true.
First West, Inc. 1905 Stadium Drive Bozeman, MT 59715
Agency Name Address of Producing Insurance Producer
X
Signature of Producing Insurance Producer Date Montana Producer/Agency License #
PART 2: Montana Surplus Lines Insurance Producer Section
I,affirm that: 1) I am the producer that placed this risk with the unauthorized insurer; 2) this line of business appears on
the most recent Approved Risk List (ARL) issued by the Commissioner of Insurance or that I have, to the best of my ability, attempted to place this
line of insurance through an authorized insurer and am unaware of any authorized insurer transacting this line or the full amount of this line of
insurance in Montana; and 3) I have complied with MCA 33-2-302.
Printed SL Agency Name or Independently Procured Insurance Name Address of SL Agency
X #
Original Signature of Surplus Lines Producer is Required Date MT Surplus Individual Lines License No.
PART 3: Premium / Tax / Fee Information Section - Montana is the Home State - no filing required if MT is not the home state.
Name of Unauthorized Insurer(s):Underwriters at Lloyd's, London Lloyds Syndicate #
Policy Period From:To Limits of Coverage:$
If this policy is a multi-year policy with the policy term greater than 12 months, this form is to be completed only in the initial year of the policy.
For all subsequent years, report policy premium on the Montana Surplus Lines Multi-Year Policy Premium Form
Policy Premium*$$21,500.00 Fire Premium*:$FOR OFFICE USE ONLY:
Premium Tax: (2.75%)$$903.38 Fire Tax: (2.50%)$ACCEPTED STAMP ONLY
Stamping Fee is 0% if filed electronically:Inspection Fee:$$600.00
Personal Lines Surplus Lines Agent fee: $Commercial Lines Surplus Agents Fee $$100.00
NOTICE: Effective on July 1, 2015, Montana law allows the surplus lines agent to charge up to a $50 tax free fee for personal lines and up
to a $100 tax free fee for commercial lines for new and renewal business. Inspection fees for the actual cost of inspecting the risk to be
reported on the line above.
IF FILING ON PAPER SEND:THE ORIGINAL SUBMISSION PLUS 1 COPY AND 1 COPY OF DECLARATION PAGES AND/OR 1 COPY OF
THEBINDER. SEND TO: COMMISSIONER OF SECURITIES AND INSURANCE AT 840 HELENA AVENUE, HELENA, MT 59601
294
Special Risk Division
701 B Street, Suite 2100, San Diego CA 92101
We are pleased to provide you with the following quotation. Please review it carefully. Coverages, terms and conditions
may be different or more restrictive than what was requested.
Quote Date: 3/31/2023 Quote Valid Until: 4/30/2023 12:01 AM; Local time at the
location of the property involved
Account Number: 119043
Written request to bind is needed prior to the expiration of this quote or the quote will be considered closed
Named Insured:CITY OF BOZEMAN; BOZEMAN FIRE STATION #2 Term: 4/1/2023 to 6/30/2024
Mailing Address: 121 NORTH ROUSE AVE, BOZEMAN, MT 59715
Renewal of New Business
Layer 1 Carrier Listing:
Palomar Excess and Surplus Insurance Company 50.00% $5,750,000
Transverse Specialty Insurance Company 50.00% $5,750,000
NON ADMITTED CARRIERS - Current rating may be found at ambest.com
Perils: Earthquake only Excluding Flood, Excluding Earthquake Sprinkler Leakage
Terrorism (TRIPRA of 2015)
Building Ordinance: Excluded-----
If excess - BO coverage applies only if all underlying carriers are including with no sublimits
Layer 1:$ 11,500,000 (100.00%) part of $ 11,500,000 Primary
Limits apply per occurrence and in the aggregate for the following: Earthquake
Deductibles:EQ 5 %of values at time and place of loss
Including Time Element -
Business Income Extra Expense Rental Value
Excluding Time Element BI deductible if different from PD:
Minimum EQ Deductible:$ 50,000
EQSL:Excluded
Flood:Excluded
AOP:Excluded
Terrorism:Same as EQ
295
Property Real Property Business Personal Property
Covered:Hard Costs Soft Costs
Business Income EDP
Extra Expense Tenant Improvements/Betterments
Rental Value Stock
Leasehold Interests Machinery and Equipment
Contingent Business Income Accounts Receivable
Per Submission Valuable Papers
Fine Arts
Valuation:Property Damage RC ACV
Time Element including Extra Expense RC ALS
Territory/Locations:COC of a Fire Station located at 575 West Kagy Blvd., Bozeman, MT 59715 only per schedule on file
received 3/29/23
TIV:$ 11,500,000
Forms:Company Form
Company Excess Follow Form (subject to review and approval of form we are to follow)
Copy of policy we are to follow must be received within 75 days of effective date or we will issue our
form
Manuscript Form (subject to approval of final executed policy form and approval of form we are following if
following form)
Manuscript form and copy of policy we are to follow must be received within 75 days of effective date
or we will issue our form
If doing Excess Follow Form or Manuscript Form, we require a complete copy of the policy we are following which is
subject to approval prior to issuing our policy. Our policy will not be issued without it.
Exclusions:Pollution (Company Form)
Asbestos / Contamination (Company Form)
Mold (Company Form)
Flood EQSL Theft
Flood - locations located in 100 year flood plain
Flood - locations located in 100 year flood plain, X500, X(Shaded) and B flood zones
Building Ordinance, Increased Cost of Construction and Demolition
Boiler and Machinery
Communicable Disease, Virus or Bacteria
Cyber Exclusion Endorsement
Underlying Sublimited Coverages Exclusion
All Risk Perils (Including Windstorm)
Ensuing Loss
War Exclusion
Nuclear/Radioactive/Biological and Chemical Exclusion
296
Conditions:Warrant All Risk Underlyer
Debris Removal clause (Company Form)
Excess Limit of Liability and Participation Clause (Company Form)
Drop Down
Statement of Values form
PREMIUM: $ 21,500 100% Minimum Earned
TRIPRA of 2015 Premium: $ 10,750 Not included in premium above
Total Premium $ 32,250
Catastrophe Analysis Fee: $ 600 Fully Earned
Inspection Fee: $ 0 Fully Earned
Plus applicable SLA Taxes and Fees - broker is responsible for the calculation of these taxes and fees, payment to the
appropriate SLA office and filing of the SLA form. Broker is responsible for maintaining signed insurance applications and
acknowledgement of state fraud warnings.
This quote does not guarantee the addition of additional locations/coverages at the account rate or any rate. Should coverage be
bound, the agreement to add additional locations/coverages is subject to carrier approval.
Quote Subject to:
Comments:
This insurance does not apply to "bodily injury", "property damage", "time element" or "personal and advertising injury" arising
out of the actual or alleged transmission of a communicable disease caused by either virus or bacteria whether engineered or
naturally occurring.
This quote may vary from coverage requested.
This quote is a summary of coverage and may not be all encompassing. In the event of difference, policy language will prevail.
Locations covered under this policy may be subject to inspection and underwriting action may be taken if the exposure is found to
be different than the submitted application.
https://www.bbinsurance.com/ccpa-privacy-notice/
https://www.munichre.com/us-non-life/en/general/privacy-statement.html
297
Notice Regarding Surplus Lines Filing Confirmation
and TRIPRA Rejection Forms
On all accounts effective 2/1/2019 and later, we will be using DocuSign to collect Surplus Lines Filing
Confirmations and TRIPRA rejection notices. These notices and forms will no longer be appended to
your Quotes or Binders.
PLEASE NOTE THAT AT THE TIME OF BINDING YOU MUST ADVISE US IF THE INSURED HAS
ELECTED OR REJECTED THE PURCHASE OF TRIPRA COVERAGE. BINDERS CANNOT BE SENT
UNTIL THIS INFORMATION IS PROVIDED.
After your account is bound, you will receive separate emails with instructions to complete the Surplus
Lines Filing confirmation and TRIPRA Rejection forms in DocuSign. You will also be able to reassign or
forward the request to another party for completion.
After all documents are signed they will automatically be returned to your underwriter and no further
action will be required on your part.
298
Schedule of Applicable Fees
Catastrophe Analysis Fee $ 600
Palomar Excess and Surplus Insurance Company - $ 300.00
Transverse Specialty Insurance Company - $ 300.00
Inspection Fee $ 0
Not Applicable
299
April 24, 2023
City of Bozeman - Fire Station # 2
575 West Kagy Blvd
Bozeman, Montana 59715
ATTN: Jon Henderson
Change Order Request No. COR 003
Pricing Request No.
PROJECT: Bozeman Fire Station # 2
SUBJECT: Site Construction Subcontract - Full Scope Review & Reconciliation
REFERENCE: Walker Excavation proposal
Dear : Jon Henderson,
We propose to provide all labor, materials, and equipment required to
perform the above mentioned work. Our lump sum quotation is based
on our interpretation of the instructions and scope of work
identified by the Proposal Request(s). If we have misinterpreted this information in any
way (omissions, etc.) please advise us.
Other wise, our interpretation shall stand as correct.
We have not been directed to proceed with the work per the terms of the contract.
We have proceeded with the Work per the terms of the contract.X
At this time, we are hereby requesting 0 calendar days for a time extension
Please note this proposal is valid for (10) calendar days from this date and
our proposal is based on receipt of a signed Change Order within (15) calendar days.
We are adjusting the Construction Contingency in the amount of:
We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:78,355.00$
If you have any questions, please call me at (406) 922-5508
Sincerely,
MARTEL CONSTRUCTION, INC.City of Bozeman - Approval
Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director
Enclosure(s)
Estimate PDF
CC.File
300
Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 003 - Site Construction Subcontract - Full Scope Review & Reconciliation4/24/2023 1:41 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount31-0000EARTHWORK1Misc Site Construction2Site Survey / Layout1.00est--(22,000)--(22,000)3Site Construction Subcontract - Orignal at BidTIme1.00ls--(821,486)--(821,486)4Site Construction Subcontract - Full ScopeReview & Reconciliation1.00ls--916,131--916,1315 Misc Site Construction72,64572,645 EARTHWORK72,64572,645Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract72,645EquipmentOther72,64572,645General Liability Insurance6970.890%Gross Receipts Tax7261.000%Bond5560.750%Construction Fee3,7315.000%5,71078,355Total78,355301
302
303
304
305
306
307
308
309
310
22 February 2023
Re: City of Bozeman Fire Station 2
Mike,
We look forward to the potential opportunity to work with you on this project. We utilized the following
project documents:
Project Documents Summary
Architect/Engineer Dated No. of
Pages
Project Plans ThinkOne 1/16/23 162
Project Specifications Project Manual V1 and V2 1/16/23 1722
Geotechnical Report Allied Engineering 1-19-23 48
Number of Addenda Acknowledged 2
Bid Tab Provided?N
Measurement and Payment provided?N
Our Scope of Work is presented below:
Project Specific Notes:
1. Quantities were gathered from the Civil sheets. Per discussion with Martel, and due to
discrepancies between Civil and Site Development sheets, WX was directed to use civil sheets to
gather quantities.
2. No pricing was included for alternate 1, Exterior patio dining day room. Pricing reflected in bid
item 515 in revised bid.
3. Contractor is to supply adequate storage for the reuse of topsoil stripped from the project.
4. WX will not be responsible for moving or lowering any existing dry utilities.
5. locations requiring heated concrete, WX will prep areas with gravel and will supply concrete.
heating materials and insulation is to be performed by other contractors.
6. Excavation and Installation of bollards is not included. Excavation of bollard locations may be
added upon request but no supply or installation of concrete and/or bollards will be included.
7. Included in our bid is furnishing and installation of the single Handicap sign. All other signs will be
completed by others. Excavation and backfill of 16 EA site bollards has been added in bid item
505 of the revised estimate. Per our understanding general contractor will install steel bollard
and concrete. Walker Excavation will be responsible for excavation and backfill only.
8. Final dressing of landscaping is to be performed by others. Landscape contractors are to supply
their own material.
9. At the time of this proposal, we have not included the installation of the heavy duty trench drain
running along the border of the asphalt and concrete on the North side of the building. This can
be added later upon request. Installation of the trench drain has been added in bid item 520 of
the revised estimate.
10. WX will not be responsible for demo and disposal of existing buried fiber lines.
11. WX will not be responsible for demo and salvage of any existing light poles.
311
12. WX will not be responsible for demo and relocation of existing electrical, natural gas or
communication utilities.
13. WX will not be responsible for the demo and relocation of the existing storage building.
14. Canopy columns are to be installed by others.
15. Fencing, either temporary jobsite fencing or finished site fencing, will be installed by others.
16. We will dig and prep the 3 trench drains located in the foundation in the parking area. Concrete,
grated cover and piping is to be completed by other contractors.
Items not included but can be added
Bentonite or clay trench plugs.
Excavation or installation of concrete bollards.
SWPPP Permitting or administration.
Dewatering permitting or administration. Can be added per general contractor.
Dewatering for other scopes of work or contractors, i.e., concrete foundation work.
Installation of conduit for power, or irrigation.
Cold weather conditions including but not limited to.
o Snow removal
o Ground thaw
o Equipment power for block heaters
Survey, layout, and staking. Staking for our scope of work has been added in bid item 500 of the
revised estimate.
Compaction testing.
Dry utility excavation, backfill.
Landscaping.
Heating and insulation products for heated concrete sections.
Electrical conduits.
Light pole bases and poles.
Temporary site fencing.
Equipment screening fence.
Separation fence
Flag poles.
Bike racks.
Generator.
Transformer.
Canopy columns.
Thermoplastic striping.
Curb paint.
Site lighting or conduit.
Irrigation conduit.
Heavy duty trench drain.
Cleanup or hauloff of geo-pier spoils.
General Notes:
1. We acknowledge Addenda 2 through 2.
312
2. This quotation is given subject to a mutually agreeable contract and schedule. The amounts
included within the proposal are good for 30 days from the bid date and are good for the 2023
construction season.
3. Actual quantities installed will be billed. The plans dated 1-16-23 were used to generate the
quantities within the proposal.
4. This proposal must be made a part of the Subcontract.
5. All items are tied unless approved by Walker Excavation prior to contract.
6. We are bidding this project with the understanding that we will be able to perform our work
concurrently with the General Contractor's activities.
7. Earthwork: we will perform the placement and compaction and obtain Engineer/Architect/GC
approval of the finished subgrade and gravel surfacing once (within 0.1' of finished grades).
Walker Excavation is NOT responsible for other trades final, finish grading of gravel.
8. Additional reshaping, compaction, and approval will be an additional expense. Clean-up and
recertification of the finished surface behind other trades is also excluded and can be performed
for an additional cost.
9. Fine grading is included in the finish work of the paving and concrete that Walker Excavation is
providing. Other trades will need to fine grade their own gravel and at their expense.
10. Fine grading of gravel is excluded if concrete and asphalt are broken out from the bid.
11. Pressure testing of the fire line has been included for one time only. Re-testing is not included if
the line is dormant for more than 5 months.
Notwithstanding the requirements and obligations set forth in the Contract/Subcontract Documents and
this Agreement, Contractor and its sureties shall not be held liable for any impacts, delays, labor overruns,
material overruns and/or cost overruns related to its Work stemming from the current flu epidemic,
and/or COVID-19 (Coronavirus Pandemic) or its aftermath. Contractor shall be entitled to an extension of
the contract time and an equitable adjustment of the Contract Price, due to labor shortages, material
escalation, or otherwise, for the performance of Contractor’s Work due to events and conditions beyond
Contractor’s control, including the impacts from the Coronavirus pandemic.
This quote is valid for 30 days after the scheduled bid date and can be withdrawn by us at that time. This
estimate has been given with the intention that work will consist of a mutually agreed upon schedule.
Thank you,
Bret Walker
Walker Excavation
313
Proposal
Project:23020 - B
Bozeman Fire Station bid revisionsDescription:
From:Walker Excavation, Inc.
270 Floss Flat Road, Suite B
Belgrade, MT 59714 USA
Phone: 406-388-5834
Fax: 406-388-5837
BID QTY U/M AMOUNTITEMDESCRIPTION
General Requirements
10 Mobilization / General Requirements 1.000 LS
20 Traffic Control 1.000 LS
25 SWPPP: Perimiter Control 710.000 LF
30 SWPPP: Trackout Pad 2.000 EA
35 SWPPP: Street Sweeping 20.000 HR
40 Street Cut Fee 1.000 LS
45 Demo: Sawcut Asphalt/Concrete 440.000 LF
50 Demo: Asphalt 11,356.000 SF
55 Demo: Concrete 2,020.000 SF
60 Demo: Remove and Salvage Sign
and Post 3.000 EA
65 Demo: Existing Tree 1.000 EA
General Requirements Section Total:$86,371.43
Earthwork and Hardscape
100 Strip Topsoil 12" Depth 2,340.000 CY
105 Hauloff Excess Topsoil 1,260.000 CY
110 Site Excavation 446.000 CY
115 Install Road Fabric 2,500.000 SY
120 Install Pitrun 760.000 CY
125 6" Depth Roadmix 370.000 CY
130 3" Asphalt Light Duty 12,469.000 SF
135 4" Asphalt Heavy Duty 4,011.000 SF
140 4" Concrete Light Duty 3,415.000 SF
145 5" Concrete Medium Duty 970.000 SF
150 6" Concrete Heavy Duty 7,436.000 SF
155 6" Concrete Heated 930.000 SF
160 Curb and Gutter 1,122.000 LF
165 Sidewalk Chase 6.000 LF
170 Ped Ramps 350.000 SF
175 ADA Sign and Post 1.000 EA
180 Striping 1.000 LS
185 Site Swale Construction 380.000 LF
190 Topsoil Re-spread 250.000 CY
314
Proposal
BID QTY U/M AMOUNTITEMDESCRIPTION
Earthwork and Hardscape Section Total:$395,880.80
Building Excavation and Backfill
200 Structural Fill to Subgrade 240.000 CY
205 12" Structural Fill 520.000 CY
210 6" Leveling Course 260.000 CY
215 Dig/Prep Footings 350.000 CY
220 Backfill Interior of Footing 220.000 CY
225 Backfill Exterior Foundation 285.000 CY
Building Excavation and Backfill Section Total:$108,204.30
Utilities
300 4" Water Service 125.000 LF
305 6" Fire Service 130.000 LF
310 Hydrant 1.000 EA
315 4" Sanitary Sewer Service 150.000 LF
320 Sand Oil Separator 1.000 EA
325 48" Dry Well 1.000 EA
330 24" Drop Inlet 2.000 EA
335 60" Storm Manhole 1.000 EA
340 48" Storm Manhole 1.000 EA
345 2'x3' Curb Inlet 3.000 EA
350 24" PVC Storm Pipe 8.000 LF
355 12" PVC Storm Pipe 350.000 LF
360 8" PVC Storm Pipe 60.000 LF
365 6" PVC Storm Pipe 12.000 LF
370 Stormtech System 1.000 LS
380 Retention Pond 1,000.000 SF
Utilities Section Total:$231,029.50
Additional Items
500 Survey and Layout 1.000 LS
505 Excavate and Backfill Site Bollards 16.000 EA
510 Excavate Flagpole Foundation 3.000 EA
515 Excavate and Backfill Patio Column 2.000 EA
520 Install HD Exterior Trench Drain 60.000 LF
525 Install and Dispose of Concrete
Washout (4 times)
4.000 EA
Additional Items Section Total:$94,645.00
Base Bid $916,131.03
Alternates
315
Proposal
BID QTY U/M AMOUNTITEMDESCRIPTION
Alternate 2
Alternate 2
400 Alternate 2 1.000 LS
Alternate 2 Section Total:$5,500.00
Alternate 2 Total $5,500.00
Total Bid with Alternates $921,631.03
316
April 24, 2023
City of Bozeman - Fire Station # 2
575 West Kagy Blvd
Bozeman, Montana 59715
ATTN: Jon Henderson
Change Order Request No. COR 004
Pricing Request No.
PROJECT: Bozeman Fire Station # 2
SUBJECT: Site Work MSU Non Potable Irrigation Allowance
REFERENCE: Martel Construction Allowance
Dear : Jon Henderson,
We propose to provide all labor, materials, and equipment required to
perform the above mentioned work. Our lump sum quotation is based
on our interpretation of the instructions and scope of work
identified by the Proposal Request(s). If we have misinterpreted this information in any
way (omissions, etc.) please advise us.
Other wise, our interpretation shall stand as correct.
We have not been directed to proceed with the work per the terms of the contract.X
We have proceeded with the Work per the terms of the contract.
At this time, we are hereby requesting 0 calendar days for a time extension
Please note this proposal is valid for (10) calendar days from this date and
our proposal is based on receipt of a signed Change Order within (15) calendar days.
We are adjusting the Construction Contingency in the amount of:
We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:7,551.00$
If you have any questions, please call me at (406) 922-5508
Sincerely,
MARTEL CONSTRUCTION, INC.City of Bozeman - Approval
Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director
Enclosure(s)
Estimate PDF
CC.File
317
Martel Construction Spreadsheet Report Page 1
BFS2 COR 003 - Site Construction Subcontract - Full Scope Review & Reconciliation 4/24/2023 2:51 PM
Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount
32-0000 SITE IMPROVEMENTS1
Irrigation Systems2
Irrigation System 1.00 Allw --7,000 --7,0003
Irrigation Systems 7,000 7,000
SITE IMPROVEMENTS 7,000 7,000
Estimate Totals
Description Amount Totals Hours Rate
Labor
Material
Subcontract 7,000
Equipment
Other
7,000 7,000
General Liability Insurance 67 0.890 %
Gross Receipts Tax 70 1.000 %
Bond 54 0.750 %
Construction Fee 360 5.000 %
551 7,551
Total 7,551
318
GMP AMENDMENT NO. 3
TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER
Pursuant to Subparagraphs 3.7.1-3.7.4 and 4.1 of the Preconstruction Services Conditions Agreement
between Owner and Construction Manager this amendment dated the 27th day of June 2023, between
City of Bozeman (“Owner”) and Martel Construction, Inc. (“Contractor”) for the Fire Station No. 2
Relocation Project, hereby establishes a Guaranteed Maximum Price and Contract Time for the portion
of the Project as set forth below:
GUARANTEED MAXIMUM PRICE FOR BOZEMAN FIRE STATION #2 FULL PROJECT
The Construction Manager’s Guaranteed Maximum Price (GMP) for the Work, including the Cost of the
Work and the Construction Manager’s Fee is as follows:
Early Work Amendment No. 1 $302,663.00
General Requirements 14 Months $595,166.00
Site Work Complete $1,192,869.00
Building Construction $8,411,669.00
Subtotal $10,502,367.00
General Liability Insurance $100,268.00
Gross Receipts Tax $112,592.00
Builders Risk $11,892.00
Bond $84,459.00
Construction Fee $524,289.00
Construction Contingency $256,037.00
PV Construction Contingency $100,000.00
AMENDMENT # 3 GUARANTEED MAXIMUM PRICE $11,691,904.00
CONTRACT TIME
The date of Certificate of Occupancy for the Work outlined above is: June 20th, 2024
OWNER: CONTRACTOR:
City of Bozeman Martel Construction, Inc.
121 N. Rouse Ave. 1203 S. Church Ave.
Bozeman, MT 59715 Bozeman, MT 59715
By:__________________________ By: __________________________
Jeff Mihelich, City Manager Jason Martel, Executive Vice President
319
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5501, Certification of Delinquent City Assessments to the County
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution #5501, Certification of Delinquent City Assessments to
the Gallatin County as submitted.
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:MCA 7-6-4182, 7-6-4183 and 7-6-4423. The city or town may provide by
ordinance for the collection by its city treasurer or town clerk of all special
assessments and taxes levied and assessed in accordance with any of the
provisions of part 42 and this part in the same manner and at the same time
as taxes for general, municipal, and administrative purposes are collected by
the county treasurer. All of the provisions of 7-6-4423 apply to the collection
of the special taxes and assessments in the same manner as the provisions
apply to the collection of other city or town taxes. Delinquent special
assessments must be certified to the county clerk of the county in which the
city or town is situated. The county treasurer shall collect the delinquent
special assessments and taxes in the same manner and at the same time
that taxes for general, municipal, and administrative purposes are collected.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:By certifying the delinquent City Special Assessments to Gallatin County we
will ensure the collection of the 2nd half amounts that were not paid by the
due date of May 31, 2023. The amount we have certified and will in turn
collect is $335,745.89 as noted on Schedule “A” attached. These
assessments will be placed as a lien against their property and their
properties cannot be sold without bringing them current.
Attachments:
320
Resolution 5501-Certification of Delinquent 2nd half-FY
2023.docx
Schedule A - Delinquent Certification 060823.pdf
Report compiled on: June 8, 2023
321
Page 1 of 5
RESOLUTION 5501
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT
INSTALLMENTS DUE AND PAYABLE MAY 31, 2023, AND UNPAID AS OF THAT
DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE
ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN
MUNICIPAL CODE, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY THE
SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION.
WHEREAS,pursuant to Sec 2.06.670 of the Bozeman Municipal Code, the Finance
Director has prepared and filed with the Commission of the City of Bozeman, attached hereto, a
report entitled Schedule "A", describing the lot or parcel subject to the assessments, the name and
address of persons assessed, showing all annual and semi-annual special assessments due and
payable May 31, 2023, and unpaid as of that date, and the amount due thereunder, with penalty;
and
WHEREAS,pursuant to Sections 7-6-4423 and 7-12-4188, M.C.A., the City Commission
of the City of Bozeman deems it necessary and proper, in order to protect the interests of the
residents of the City of Bozeman and the bondholders of the respective Special Improvement
District bonds, to declare all annual and semi-annual special assessments due and payable by 5:00
p.m. on May 31, 2023, and unpaid as of that date, delinquent and to certifythe same to the Gallatin
County Treasurer for collection as other delinquent taxes, and the property and/or properties may
be sold the same as other property is sold for taxes.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
322
Resolution 5424, Certification of Delinquent Assessments to Gallatin County
Page 2 of 5
That all annual and semi-annual special assessments and installments of special assessments, due
and payable May 31, 2023, and unpaid as of that date, as set forth in Schedule "A" hereto attached,
and made a part hereof, are hereby declared delinquent.
Section 2
That the Finance Director is hereby directed to certify all annual and semi-annual special
assessments and installments of special assessments delinquent, with penalty, as herein provided,
and as shown by Schedule "A", to the County Treasurer of Gallatin County for collection as
other delinquent taxes.
Section 3
That within ten (10) days from and after the filing of said certificate, the Finance Director shall publish in
one issue of the Bozeman Daily Chronicle, Notice as provided by Sec 2.06.680 of the Bozeman Municipal
Code.
Section 4
That the County Treasurer shall proceed with the collection of all annual and semi-annual special
assessments or installments of special assessments, as set forth in Schedule "A", that the same shall be
spread upon the delinquent tax list of the County of Gallatin for the Year 2022, and the same shall be
collected as other delinquent taxes; and that in the case the same are paid, collection shall be made by the
County Treasurer of Gallatin County, as provided by Sections 7-12-4181 and 7-12-4183, M.C.A., and that
in the case the same are not paid, the whole property shall be sold as in the case of other properties sold
for non-payment of taxes.
Section 5
That the Finance Director, under the direction of the City Manager, shall attend at the time and place for
323
Resolution 5424, Certification of Delinquent Assessments to Gallatin County
sale of the property for delinquent taxes, as provided by Sec 2.06.700 of the Bozeman Municipal Code.
Section 6
That a copy of Schedule "A" attached hereto and made a part hereof, shall on or before the 28th day of
June 2023 be filed with the County Clerk and Recorder and the County Treasurer of Gallatin County.
Section 7
That, pursuant to Sec 2.06 of the Bozeman Municipal Code, attached hereto and made a part hereof, shall
be a certificate of the Finance Director.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 27th day of June 2023.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
324
Resolution 5424, Certification of Delinquent Assessments to Gallatin County
CERTIFICATE OF FINANCE DIRECTOR
I, Melissa Hodnett, duly appointed Finance Director of the City of Bozeman, Montana, do
hereby certify that the attached schedule marked Schedule "A" and made a part of Commission Resolution
No. 5501 is a true and correct list of all annual and semi-annual delinquent special assessments and
subsequent installments of special assessments due and owing the City of Bozeman as of May 31, 2023,
at 5:00 p.m.
That this certification and Schedule "A" attached hereto are made pursuant to and in
conformance with Sec 2.06 of the Bozeman Municipal Code of the City of Bozeman, Montana.
IN WITNESS WHEREOF, I hereunto set my hand this 28th day of June 2023.
________________________________________
MELISSA HODNETT
Finance Director
325
Version April 2020
NOTICE
NOTICE IS HEREBY GIVEN by the Finance Director for the City of Bozeman,
Montana, that she has certified to the Treasurer of Gallatin County a list of all property and of the
persons assessed for delinquent taxes and assessments which will be sold at public auction by the
Gallatin County Treasurer unless re-instated prior to such auction by paying all delinquent taxes,
together with interest, penalties and costs incurred.
A list of all delinquent properties and persons assessed is on file and subject to public
inspection in the offices of the Gallatin County Treasurer, Gallatin County Courthouse, 311 West
Main Street, and the Finance Director for the City of Bozeman, 121 N Rouse Ave., Bozeman,
Montana.
DATED this 28th day of June 2023.
__________________________________
MELISSA HODNETT
Finance Director
City of Bozeman
Legal Ad
Publish: Saturday, July 1, 2023
326
Delinquent Certification 060823
DELINQUENT 2%TOTAL PARCEL OWNER ADDRESS LEGAL DESCRIPTION 1st 1/2 PENALTY AMOUNT DUE
RFG10150 FIVEFOLD HOLDINGS LLC 220 NEWPORT CENTER DR 92660 DAVENPORT ANNEXATION TRACT B 4.121 ACRES $543.26 $10.87 $554.13RFG24300MONTANA HOTEL GROUP LLC 800 GEORGE WASHINGTON WAY 99352 CATRON CROSSING SUB BLK 2 LOT 7 $4,668.65 $93.37 $4,762.02
RFG25807 WESTLAKE BUILDING PARTNERSHIP 2320 N 7TH AVE UNIT A 59715 LOT 15A & 15B 1.947 ACRES MINOR SUB 049 $3,071.57 $61.43 $3,133.00
RFG44027 KW & MW LLC 342 GALLATIN PARK DR 59715 GALLATIN PARK SUBDIVISION LOT 10 BLOCK 2 PLUS OPEN SPACE $1,641.04 $32.82 $1,673.86RFG440284 FARMERS LLC 346 GALLATIN PARK DR 59715 GALLATIN PARK SUBDIVISION LOT 11 BLOCK 2 PLUS OPEN SPACE $2,381.77 $47.64 $2,429.41
RFG44493 TRUNORTH PROPERTIES LLC 18411 FRONTAGE RD 59714 RIVERGLEN CONDOMINIUM UNIT 2 BUILDING 2 WALKER PROPERTY SUD AMND $543.26 $10.87 $554.13
RFG46788 BRESTER, LAUREN 2969 WARBLER WAY UNIT 1 59718 WARBLER WAY CONDO UNIT 1 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 3 BLOCK 6 $188.63 $3.77 $192.40RFG47863SCHMITT, SALLY J & CARALEE J 2214 N FERGUSON AVE 59718 BAXTER MEADOWS PHASE I LOT 7 BLOCK 4 $138.49 $2.77 $141.26
RFG47880 HILL, JODY L 3911 BOSAL ST 59718 BAXTER MEADOWS PHASE I LOT 25 BLOCK 4 $118.75 $2.38 $121.13
RFG47899 FLIK LLC 3017 FLURRY LN 59718 BAXTER MEADOWS PHASE I LOT 4 BLK 3 $178.06 $3.56 $181.62RFG47913JULIANO, CRAIG D 3921 BAXTER LN 59718 BAXTER MEADOWS PHASE I LOT 18 BLOCK 3 $197.86 $3.96 $201.82
RFG47918 AKIN, CRAIG & MICHELLE 2274 LASSO AVE 59718 BAXTER MEADOWS PHASE I LOT 2 BLOCK 6 $336.33 $6.73 $343.06
RFG47932 YURASHAK, BLAIRE & CHAD 2205 LASSO AVE 59718 BAXTER MEADOWS PHASE I LOT 8 BLOCK 5 $336.33 $6.73 $343.06
RFG47953 JXM & ASSOCIATES LLC PO BOX 10538 59719 BAXTER MEADOWS PHASE I LOT 4 BLOCK 7 $691.59 $13.83 $705.42RFG48964MCCULLOUGH, ASHLEY 2420 ATSINA LN 59718 FOXTAIL STREET SUBDIVISION LOT 6-A BLK 14 WAS CATTAIL CREEK PH 2A & 2B $370.97 $7.42 $378.39
RFG49159 WILDER, ALEXA K 2775 MARLYN CT UNIT 3 59718 SAGE CREEK CONDOS UNIT 3 CATTAIL CREEK PHASE 1 LOTS 6, 7, 9, & 10 BLOCK 7 $203.79 $4.08 $207.87
RFG49169 WORTMAN, TAYLOR ASHLEY 129 VILLAGE CROSSING WAY 59715 EAST GALLATIN RIVER ESTATE CONDOS UNIT 2-A BLDG 2 WALKER PROPERTY SUBDIVISION $543.26 $10.87 $554.13RFG49170WORTMAN, TAYLOR ASHLEY 129 VILLAGE CROSSING WAY 59715 EAST GALLATIN RIVER ESTATE CONDOS UNIT 2-B BLDG 2 WALKER PROPERTY SUBDIVISION $543.26 $10.87 $554.13
RFG49176 FRECHE, KATHARINA & BARRY ROE 2938 WARBLER WAY #7 59718 ELKHORN CONDOS UNIT 7 CATTAIL CREEK PHASE 1 LOT 4 BLOCK 5 $146.64 $2.93 $149.57
RFG50158 BAXTER MEADOWS NEIGHBORHOOD CENTER ASSOC PO BOX 3053 59772 BAXTER MEADOWS SUBDIVISION PHASE 2A & 2B LOT 2 BLOCK 16 $389.64 $7.79 $397.43RFG50166BLKSTALLION LLC PO BOX 1684 59771 BAXTER MEADOWS SUBDIVISION PHASE 2A & 2B LOT 3 BLOCK 18 $218.17 $4.36 $222.53
RFG50172 BAXTER MEADOWS NEIGHBORHOOD CENTER ASSOC PO BOX 3053 59772 BAXTER MEADOWS SUBDIVISION PHASE 2A & 2B LOT 9 BLOCK 18 $291.63 $5.83 $297.46
RFG50175 BAXTER MEADOWS NEIGHBORHOOD CENTER ASSOC PO BOX 3053 59772 BAXTER MEADOWS SUBDIVISION PHASE 2A & 2B LOT 3 BLOCK 20 $243.06 $4.86 $247.92RFG51075KELLY, THOMAS 2827 CATTAIL ST UNIT 4 59718 PELICAN CONDOS UNIT 4 CATTAIL CREEK PH 1 LOT 1 BLK 6 $140.95 $2.82 $143.77
RFG51079 SCHAPER, TODD & BETH 6811 ALISHA DR 59803 PELICAN CONDOS UNIT D CATTAIL CREEK PH 1 LOT 1 BLK 6 $140.95 $2.82 $143.77
RFG51166 FOSTER, TYLER J & KELSEY M 2950 WARBLER WAY UNIT B 59718 TRADEMARK CONDOS UNIT 2950B CATTAIL CREEK PHASE 1 LOT 5 BLOCK 5 $158.58 $3.17 $161.75RFG51459CLACK, JEREMY PO BOX 160637 59716 RED LEAF CONDO BLDG E UNIT 20 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 1 BLOCK 5 $141.35 $2.83 $144.18
RFG52655 STOUT, RYAN & MEGAN 2434 LASSO AVE 59718 BAXTER MEADOWS PUD PH 2C & 2D LOT 4 BLK 10 $371.87 $7.44 $379.31
RFG52674 DICKSON, BENJAMIN GRANT 2376 GALLATIN GREEN BLVD #1 59718 DUCK CREEK TOWNHOMES UNIT 1 BAXTER MEADOWS PUD PH 2C & 2D LOT 1 BLK 14 $124.99 $2.50 $127.49RFG52691RUNNING RED DOG LLC 2777 HEDGEROW CT 59718 BAXTER MEADOWS PUD PH 2C & 2D LOT 14 BLK 13 $134.31 $2.69 $137.00
RFG53004 SILVANI, SACHA 3150 SUNDEW LN 59718 CATTAIL CREEK SUB PH3 LOT8 BLK13 $428.57 $8.57 $437.14
RFG53011 HOAG, SCOTT V & NANCY G SCOTT JR & NANCY G HOAG LVG TR 3321 SORA WAY 59718 CATTAIL CREEK SUB PH3 LOT11 BLK19 $367.63 $7.35 $374.98RFG53032GNAUCK, PANZER & TAMMI 192 ANNIE GLADE DR 59718 BOULDER FALLS CONDOS UNIT B BLDG 1 CATTAIL CREEK PH3 LOTS 1,2 & 7 $501.15 $10.02 $511.17
RFG53046 ASKIN, TYLER & JESSICA BEAN 3318 FEN WAY 59718 CATTAIL CREEK SUB PH3 LOT7 BLK 19 $367.63 $7.35 $374.98
RFG53064 DELPARK USA (WARBLER) INC 102 EAGLE FJORD RD UNIT D 59718 CATTAIL CREEK SUB PH3 LOT3 BLK 21 $756.87 $15.14 $772.01RFG53066PATRON, MICHAEL A & MARTHA P ADCOX 3321 N 27TH AVE UNIT 1 59718 CAPSTONE CONDOS UNIT 1 BLDG 3321 N 27TH CATTAIL CREEK PH3 LOTS 5 & B $129.94 $2.60 $132.54
RFG53131 CITRIN, GUY 8920 WILSHIRE BLVD STE 610 90211 BAXTER SQUARE SUB PUD PH 1 & 2 LOT 6 BLK 1 PLUS 1260 SQ FT OPEN SPACE $197.19 $3.94 $201.13
RFG53132 KIRK, DAVID S & CANDACE JANELL KINZIE 12003 BERLIN TURNPIKE 20180 BAXTER SQUARE SUB PUD PH 1 & 2 LOT 7 BLK 1 PLUS 976 SQ FT OPEN SPACE $152.81 $3.06 $155.87
RFG53957 MAY, JARED 2920 WARBLER WAY UNIT 2 59718 OBSIDIAN CREEK CONDO UNIT 2 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 2 BLOCK 5 $124.51 $2.49 $127.00RFG53985MAHARG, SHERRI J 3464 RIMINI RD 59601 KINGFISHER CONDOS UNIT 23 CATTAIL CREEK SUB PH 1 LOTS 2 & 3 BLK 8 $159.99 $3.20 $163.19
RFG54154 TATE, FORREST PAXTON PO BOX 4027 59772 FEN WAY COURT CONDOS UNIT A2 CATTAIL CREEK PH 2A & 2B LOT 1 BLOCK 12 $155.72 $3.11 $158.83
RFG54156 MARTIN, ALEXANDER & ANNE MILLE 1072 HARMON WAY 59718 FEN WAY COURT CONDOS UNIT B1 CATTAIL CREEK PH 2A & 2B LOT 1 BLOCK 12 $155.72 $3.11 $158.83RFG55806WILCOX, JASON A 3136 CATKIN LN UNIT B 59718 EASTWINDS CONDOS UNIT 2 CATTAIL CREEK PH 2A & 2B LOT 3 BLK 17 $302.86 $6.06 $308.92
RFG55842 NEVILLE, DIANNA M & ZACKARY C 1814 W CAPE COD WAY 80120 NORTH STREAM CONDOS UNIT 2218C BAXTER MEADOWS PH 1 LOTS 3 & 4 BLK 2 $166.95 $3.34 $170.29
RFG56028 CHAN, HERMAN & KAREN M 4309 MORNING SUN DR 59715 CATRON VILLAGE CONDOS UNIT 5 CATTAIL CREEK PH 1 LOT 1 BLK 2 $158.90 $3.18 $162.08RFG56030HERGETT, CHRISTOPHER 3216 WARBLER WAY UNIT 7 59718 CATRON VILLAGE CONDOS UNIT 7 CATTAIL CREEK PH 1 LOT 1 BLK 2 $156.66 $3.13 $159.79
RFG56036 HOLZER, BRETT & MARGARET CLEARY 2406 DURSTON RD 59718 CATRON VILLAGE CONDOS UNIT 13 CATTAIL CREEK PH 1 LOT 1 BLK 2 $156.66 $3.13 $159.79
RFG56054 CHASE, MICHAEL PO BOX 248 59047 STC CONDOS BLDG A UNIT 2 CATTAIL CREEK SUB LOT 1 BLK 8 $166.74 $3.33 $170.07RFG56547MALONE, ROBERT R & SHEILA M PO BOX 184 59760 OBSIDIAN CREEK CONDO UNIT 3 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 2 BLOCK 5 $124.51 $2.49 $127.00
RFG56547 MALONE, ROBERT R & SHEILA M PO BOX 184 59760 OBSIDIAN CREEK CONDO UNIT 4 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 2 BLOCK 5 $124.51 $2.49 $127.00
RFG56547 MALONE, ROBERT R & SHEILA M PO BOX 184 59760 OBSIDIAN CREEK CONDO UNIT 5 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 2 BLOCK 5 $124.51 $2.49 $127.00RFG56547MALONE, ROBERT R & SHEILA M PO BOX 184 59760 OBSIDIAN CREEK CONDO UNIT 6 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 2 BLOCK 5 $124.51 $2.49 $127.00
RFG56547 MALONE, ROBERT R & SHEILA M PO BOX 184 59760 OBSIDIAN CREEK CONDO UNIT 7 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 2 BLOCK 5 $124.51 $2.49 $127.00
RFG56547 MALONE, ROBERT R & SHEILA M PO BOX 184 59760 OBSIDIAN CREEK CONDO UNIT 9 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 2 BLOCK 5 $124.51 $2.49 $127.00RFG56547MALONE, ROBERT R & SHEILA M PO BOX 184 59760 OBSIDIAN CREEK CONDO UNIT 10 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 2 BLOCK 5 $124.51 $2.49 $127.00
RFG56547 MALONE, ROBERT R & SHEILA M PO BOX 184 59760 OBSIDIAN CREEK CONDO UNIT 11 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 2 BLOCK 5 $124.51 $2.49 $127.00
RFG56547 MALONE, ROBERT R & SHEILA M PO BOX 184 59760 OBSIDIAN CREEK CONDO UNIT 12 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 2 BLOCK 5 $124.51 $2.49 $127.00RFG56547MALONE, ROBERT R & SHEILA M PO BOX 184 59760 OBSIDIAN CREEK CONDO UNIT 8 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 2 BLOCK 5 $124.51 $2.49 $127.00
RFG56876 GALLATIN SKY LLC 2387 ARABIAN AVE 59718 BAXTER MEADOWS SUBD PHASE 3A BLK 18 LOT 16 $412.99 $8.26 $421.25
RFG56896 BAGLEY, SHERI L & THEODORE E 4644 DANUBE LN 59718 BAXTER MEADOWS SUBD PHASE 3A BLK 15 LOT 4 $520.42 $10.41 $530.83RFG58693CODE, ALLEN & CHRISTINE M 3083 OLIVER ST 59718 BAXTER MEADOWS SUBD PHASE 6 LOT 16 BLK 15 PLUS OPEN SPACE $232.37 $4.65 $237.02
RFG59274 MINNICK, NATHAN PO BOX 1862 59771 CAPSTONE CONDOS UNIT 20 BLDG 3353 N 27TH CATTAIL CREEK PH3 LOTS 5 & 6 $129.94 $2.60 $132.54
RFG59276 STRIPLIN, MATT L 3353 N 27TH AVE UNIT 22 59718 CAPSTONE CONDOS UNIT 22 BLDG 3353 N 27TH CATTAIL CREEK PH3 LOTS 5 & 6 $129.94 $2.60 $132.54
City of Bozeman-Schedule "A"
2ND HALF DELINQUENT SPECIAL ASSESSMENTS
FY 2023 RESOLUTION #5501
Page 1
327
Delinquent Certification 060823
RFG59375 MAGGIO, BRENT 3242 WARBLER WAY UNIT 1 59718 GREEN LEAF CONDOS UNIT 1 BLDG B CATTAIL CREEK PH3 LOT 7 BLK 2 $185.09 $3.70 $188.79RFG61512511N LLC & UND 84%& 2332 LLC UND 16%PO BOX 1336 59715 GORDON MANDEVILLE SUBDIVISION LOT 22D $367.31 $7.35 $374.66
RFG62260 BUCK-CORNELIUS, REIL J & MARY BUCK 2342 GALLATIN GREEN BLVD #9 59718 DUCK CREEK TOWNHOMES UNIT 9 BAXTER MEADOWS PUD PH 2C & 2D LOT 2 BLK 14 $124.99 $2.50 $127.49
RFG62261 IDYLLWILD LLC 69 UPPER RAINBOW RD 59718 DUCK CREEK TOWNHOMES UNIT 10 BAXTER MEADOWS PUD PH 2C & 2D LOT 2 BLK 14 $124.99 $2.50 $127.49RFG62263IDYLLWILD LLC 69 UPPER RAINBOW RD 59718 DUCK CREEK TOWNHOMES UNIT 12 BAXTER MEADOWS PUD PH 2C & 2D LOT 2 BLK 14 $124.99 $2.50 $127.49
RFG63985 RIVERSIDE MANOR SUB 2500 SPRINGHILL RD 59718 RIVERSIDE MANOR SUB PARK $543.26 $10.87 $554.13
RFG66246 SULLIVAN, BRANDON & SAMANTHA 2363 THOROUGHBRED LN 59718 THE KNOLLS @ BAXTER WEST SUBDL LOT 11 BLK 14 $429.90 $8.60 $438.50RFG66274KIMBALL, DOUGLAS J & TRACY L 4265 FALLON ST, STE 1 59718 THE KNOLL @ BAXTER WEST SUBD LOT 6 BLK 11 $375.67 $7.51 $383.18
RFG66277 SHATWELL, PETER K & COURTNIE M 2427 ANDALUSIAN AVE 59718 THE KNOLL @ BAXTER WEST SUBD LOT 13 BLK 11 $390.26 $7.81 $398.07
RFG66286 BOMGARDNER, RICHARD & JENNA 4601 KIMBERWICKE ST 59718 THE KNOLL @ BAXTER WEST SUBD LOT 4 BLK 9 $387.77 $7.76 $395.53RFG66911MCWALTER, BRANDI W 2933 WARBLER WAY UNIT B 59718 CATTAIL CREEK SUB PH 1 LOT 4, BLK 8 THATCH WOOD CONDOS UNIT 2933B $152.64 $3.05 $155.69
RFG66921 MCALLISTER, TERRY ROBERT 2937 WARBLER WAY UNIT F 59718 CATTAIL CREEK SUB PH 1 LOT 4, BLK 8 THATCH WOOD CONDOS UNIT 2937F $154.28 $3.09 $157.37
RFG67489 AHNFELDT, BRUCE L & CELESTE M 7201 FORSWALL RD 59714 BAXTER SQUARE SUBDIVISION PH 3 LOT 3 BLOCK 2 PLUS OPEN SPACE $127.83 $2.56 $130.39RFG67834JURAS, EVAN 3225 CATRON ST UNIT C 59718 CATTAIL CREEK SUB PH 2A & 2B LOT 1 BLOCK 18 LANCER PLACE CONDOS UNIT C $138.46 $2.77 $141.23
RFG67882 PHILP, STEPHEN & ORIA HAYDEN 1731 ARLINGTON AVE 90501 CATTAIL CREEK SUBDIVISION PHASE 2B LOT 4 BLOCK 11 (BLDG C) UNIT A $142.97 $2.86 $145.83
RFG67949 DJB HOLDINGS LLC PO BOX 157 59013 CATTAIL CREEK SUBD PHASE 1 BLK 4 LOT 4 BLDG 1 $248.84 $4.98 $253.82RFG69036LUEBBE, DAVE & SUSAN 3090 LORI LN 59718 CATTAIL PROPERTIES SUBDIVISION LOT 29 BLK 10 PLUS OPEN SPACE $142.91 $2.86 $145.77
RFG69061 YURASHAK, BLAIRE ELIZABETH CHAD YURASHAK 311 W MAIN ST 59715 CATTAIL PROPERTIES SUBDIVISION LOT 17 BLK 10 PLUS OPEN SPACE $142.91 $2.86 $145.77
RFG69996 RED CHAIR REALTY LLC 309 CALIFORNIA ST 95008 UNIT 2928B EMIGRANT PEAK CONDO BLOCK 5 LOT 3 CATTAIL CREEK SUB PH1 $147.78 $2.96 $150.74
RFG70807 EMERSON, FRANCES A 3875 KIMBERWICKE ST 59718 FOUR POINTS MINOR SUBD 475 LOT 2 BLONDIE CONDOS UNIT 3875 $136.66 $2.73 $139.39RFG70810GRIESENAUER, JUSTINE BRAD BEGGS 2508 MILKHOUSE AVE 59718 FOUR POINTS MINOR SUBD 475 LOT 2 BLONDIE CONDOS UNIT 2508 $136.66 $2.73 $139.39
RFG7352 EAM PROPERTIES LLC 1015 N 3RD ST 58501 RIVERSIDE GREENS SUB LOT 109B PLAT J-57 $178.26 $3.57 $181.83
RFG7664 ZOEY DEVELOPMENT LLC 414 S 9TH AVE 59715 COS 17 - DERZAY ANNEXATION 2.0 ACRES $543.26 $10.87 $554.13RFG7681LOBAUGH, LESLIE L & MARILEE G 1125 SANDPIPE CIR 32796 RIVERSIDE MANOR SUB LOT 2 PLAT G-36-C $116.73 $2.33 $119.06
RFG81687 SAWYER INVESTMENTS LLC 3227 CURTIS LN 59741 CATTAIL CREEK SUBD PHASE BLK 4 LOT 4 BLDG 2 $248.84 $4.98 $253.82
RFG81688 SAWYER INVESTMENTS LLC 3227 CURTIS LN 59741 CATTAIL CREEK SUBD PHASE BLK 4 LOT 4 BLDG 2 $248.84 $4.98 $253.82RFG83136STATE OF MONTANA PO BOX 201601 59620 S36 T01S R053 TRACT 1 OF LEASE 22.4 ACRES $543.26 $10.87 $554.13
RFG83137 STATE OF MONTANA PO BOX 201601 59620 S36 T01S R05E TRACT 2 OF LEASE 10.7 ACRES $543.26 $10.87 $554.13
RFG83138 STATE OF MONTANA PO BOX 201601 59620 S36 T01S 05 E TRACT 3 OF LEASE 25.5 ACRES $543.26 $10.87 $554.13RFG83139STATE OF MONTANA PO BOX 201601 59620 S36 T01S R053 TRACT 4 OF LEASE 28.8 ACRES $543.26 $10.87 $554.13
RFG83261 HAARER, MARK 5331 DEBOUR LN 59718 VRCC OFFICE CONDO UNIT #107 BAXTER MEADOWS PH 2A BLK 16 LOT 6 $61.36 $1.23 $62.59
RFG83343 MCMAHAN, MORGAN JORDAN SCHNEIDER 3083 FEN WAY UNIT C 59718 CAMELBACK CONDO UNIT 3083C LOT 2 BLOCK 12 CATTAIL CREEK SUB PH 2A & 2B $136.90 $2.74 $139.64RFG84049SUMMIT PROPERTIES LLC 755 LOON LAKE RD 59110.NELSON MEADOWS SUB LOT 4, BLOCK 3 $550.14 $11.00 $561.14
RFG84056 LIONS GATE DEVELOPERS LLC 1925 S 51ST AVE 68106 NELSON MEADOWS SUB LOT 19, BLOCK 4 $546.64 $10.93 $557.57
RFG84058 DGB DEVELOPMENT LLC 244 CIRQUE DR 59718 NELSON MEADOWS SUB LOT 17, BLOCK 4 $545.84 $10.92 $556.76RFG84307KAVERT, ANDREA 2407 HOOVER WAY 59718 HOOVER WAY TOWNHOMES LOT 10 BLOCK 1 BUILDING 5 $107.88 $2.16 $110.04
RFG84309 HANKEN, SUSAN 2355 HOOVER WAY 59718 WILLOW SPRINGS SUBDIVISION HOOVER WAY TOWNHOMES LOT 8 BLK 1 $141.47 $2.83 $144.30
RFG84310 CEBALLES, JANE 2351 HOOVER WAY 59718 HOOVER WAY TOWNHOMES LOT 7 BLOCK 1 BUILDING 6 $107.40 $2.15 $109.55RFG84311TICKNOR, EVA 2343 HOOVER WAY 59718 HOOVER WAY TOWNHOMES LOT 6 BLOCK 1 BUILDING 6 $107.40 $2.15 $109.55
RFG84665 ROSEEN, DAVID 1295 THOMAS DR UNIT 303 59718 SLATE RIDGE CONDOS UNIT 303 LOT 6 BAXTER LANE SUB NO. 1 $45.93 $0.92 $46.85
RFG84670 WRIGHT, MICHAEL J RACHEL BABBITT WRIGHT 1297 THOMAS DR UNIT 104 59718 SLATE RIDGE CONDOS UNIT 104 LOT 6 BAXTER LANE SUB NO. 1 $73.79 $1.48 $75.27RFG84676SABO, RILY F 1297 THOMAS DR UNIT 302 59718 SLATE RIDGE CONDOS UNIT 302 LOT 6 BAXTER LANE SUB NO. 1 $73.79 $1.48 $75.27
RFG8580 FIVEFOLD HOLDINGS LLC 220 NEWPORT CENTER DR 92660 DAVENPORT ANNEXATION TRACT A 4.121 ACRES $543.26 $10.87 $554.13
RFG9071 LEE-EICHENWALD, SCOTT & CARLA 13 PARK PLAZA RD 59715 RIVERSIDE MANOR SUB LOT 13 BLOCK 2 PLAT G-36 $531.67 $10.63 $542.30
RFG9092 DARK HORSE PROPERTIES LLC 8652 S 19TH AVE 59718 RIVERSIDE GREENS SUB LOT 101B PLAT J-57-A $168.81 $3.38 $172.19RFG9112MARSHALL-PRYDE, SHAUN 8652 S 19TH AVE 59718 RIVERSIDE GREENS SUB LOT 112A-1 PLAT J-57-G $181.42 $3.63 $185.05
RFG9370 MCNAB, JOAN TEMPEL JOAN TEMPEL MCNAB SUPRT TRST 2 PARK PLAZA RD 59715 RIVERSIDE MANOR SUB LOT 2 BLOCK 2 PLAT G-36 $533.23 $10.66 $543.89
RFG9970 MARCHI, ANTHONY J & RUTH ANN 37 RIVERSIDE DR 59715 RIVERSIDE MANOR SUB LOT 37 BLOCK 2 PLAT G-36 $512.73 $10.25 $522.98RFH34350MOWEN, WILLIAM D JR 1045 BOYLAN RD APT 4 59715 BRIDGER CREEK CONDOS UNIT 4BRI BRIDGER CREEK SUB PH I L30 $282.90 $5.66 $288.56
RFH34371 VAUGHN, ANTHONY 2513 PUTTER CT 59715 BRIDGER CREEK SUBDIVISION PHASE 1 LOT 41-4 AMENDED LOTS 41 & 42 $394.40 $7.89 $402.29
RFH34402 DULIN, MELISSA 2401 PAR CT 59715 BRIDGER CREEK SUBDIVISION PHASE I LOT 48A $277.43 $5.55 $282.98RFH39594KOSTELECKY, DONALD TRUSTEE 1002 BOYLAN RD UNIT G 59715 SADDLE PEAK VILLAGE CONDOS UNIT G BRIDGER CREEK SUB PH I LOT 29 $213.44 $4.27 $217.71
RFH39600 DAVISON, JOYCE E 1002 BOYLAN RD UNIT M 59715 SADDLE PEAK VILLAGE CONDOS UNIT M BRIDGER CREEK SUB PH I LOT 29 $213.44 $4.27 $217.71
RFH40716 TATE, FORREST PAXTON PO BOX 4027 59772 BRIDGER CREEK SUBDIVISION PHASE II LOT 8 $434.60 $8.69 $443.29RFH42078MCKEON, JENILEIGH A 1050 BOYLAN RD UNIT 12 59715 BRIDGER CREEK SUB PH I AMD LOT 62-12 VILLAGE GREEN TOWNHOUSES $17.54 $0.35 $17.89
RFH4413 GHOST PURSUIT LLC 115 COMMERCIAL DR 59715 BRIDGER CENTER LOT 1A RE ARR BLOCK 1 FORMERLY LOT 1 BLK 1 $2,606.03 $52.12 $2,658.15
RFH47190 JENKINS, ELITA M & ELIZABETH 2416 PAR CT UNIT B 59715 BRIDGER FOURPLEX CONDO UNIT B BRIDGER CREEK SUBDIVISION PHASE I LOT 44 $240.60 $4.81 $245.41RFH47191RICE JR, GEORGE E & GENE NAN 2416 PAR CT UNIT C 59715 BRIDGER FOURPLEX CONDO UNIT C BRIDGER CREEK SUBDIVISION PHASE I LOT 44 $240.60 $4.81 $245.41
RFH47205 MEAGHER, MARY 634 CINNABAR BASIN RD 59030 BRIDGER HEADLANDS SUBDIVISION LOT 3 $543.26 $10.87 $554.13
RFH47206 MEAGHER, MARY 634 CINNABAR BASIN RD 59030 BRIDGER HEADLANDS SUBDIVISION LOT 4 $543.26 $10.87 $554.13RFH56065CREEKWOOD OWNERS ASSOCIATION C/O LUNA PROPERTIES 605 W PEACH ST #201 59715 CREEKWOOD SUBDIVISION OPEN SPACE 4 $292.61 $5.85 $298.46
RFH56075 HANSEN, MAX A KRISTEN MALLETTE IRR TRUST PO BOX 1031 59725 CREEKWOOD SUBDIVISION LOT 10 $343.70 $6.87 $350.57
RFH56086 HOMAN, JEFF & JUSTINA 2437 BOYLAN RD 59715 CREEKWOOD SUBDIVISION LOT 21 $403.06 $8.06 $411.12RFH56099CRAFT, GEOFFREY A & SHELLY 35 GLENLEIGH PL 77381 CREEKWOOD SUBDIVISION LOT 34 $19.80 $0.40 $20.20
RFH56114 MARIANI, CATHERINE 2405 CREEKWOOD DR 59715 CREEKWOOD SUBDIVISION LOT 49 $466.30 $9.33 $475.63
RFH59231 LASLOVICH, KATIE & NATE 1482 MAIDEN SPIRIT ST 59715 LEGENDS AT BRIDGER CREEK 2 PHASE 1 LOT 21 $291.89 $5.84 $297.73RFH59232BIXBY, MAE LEVI ZELL 1494 MAIDEN SPIRIT ST 59715 LEGENDS AT BRIDGER CREEK 2 PHASE 1 LOT 22 $291.89 $5.84 $297.73
RFH59239 SANDFORD, JACK 1791 MEDICINE WHEEL LN 59715 LEGENDS AT BRIDGER CREEK 2 PHASE 1 LOT 29 $256.95 $5.14 $262.09
Page 2
328
Delinquent Certification 060823
RFH66333 MCNAMEE, PATRICK & BRITTANY 2610 GOLDENROD LN 59718 LEGENDS @ BRIDGER CREEK 2 PH 2 LOT 41 $316.22 $6.32 $322.54RFH67684FINK, THOMAS B & JENNIFER B 1794 MIDFIELD ST 59715 LEGENDS @ BRIDGER CREEK 2 PH 3 LOT 72 $326.97 $6.54 $333.51
RFH67691 PARTCH, ERIC N 413 N WALLACE AVE 59715 LEGENDS @ BRIDGER CREEK 2 PH 3 LOT 79 $328.28 $6.57 $334.85
RFH67706 LEFITX, RICHARD LOREN RICHARD LOREN LEFITZ TRUST 2467 CREE LN 59715 LEGENDS @ BRIDGER CREEK 2 PH 3 LOT 94 $307.39 $6.15 $313.54RFH82155IMX HOLDINGS LLC 221 E OAK ST #1E 59715 GLEN LAKE COMMERCE SUBDIVISION LOT 5 BLOCK 1 $3,695.31 $73.91 $3,769.22
RFH82163 C & C HOLDINGS & DEVELOPMENT 11 W MAIN ST #220 59714 GLEN LAKE COMMERCE SUBDIVISION LOT 4 BLOCK 2 $1,845.07 $36.90 $1,881.97
RFH83359 MCGLYNN, MARK DANIEL PATRICIA A SEITZ 2405 BIRDIE DR UNIT A 59715 THE LINKS CONDO UNIT 2405A BRIDGER CREEK PH 1 LOT 57A-1 $302.78 $6.06 $308.84RGG10204CHINMAN, RICHARD ETAL 3416 W BABCOCK ST 59718 TRADEWINDS CONDOS UNIT 3416 MINOR SUB #140 TRACT A $175.66 $3.51 $179.17
RGG1167 JOHNS, JESSICA R 414 N 15TH AVE 59715 DURSTONS 3 LOT 6 $373.78 $7.48 $381.26
RGG1188 MT DIST CNCL-ASSEMBLIES OF GOD 1212 S 6TH AVE 59715 CAPITOL HILL LOTS 15-20 BLOCK 35 $676.50 $13.53 $690.03RGG1379BARFKNECHT, JOHN & BYRNA 516 S 7TH AVE 59715 PARK LOTS 12-13 BLOCK 32 $226.36 $4.53 $230.89
RGG1381 CURTISS STREET HOMES LLC 512 AMSTERDAM BLVD 59714 PARK ALL LOTS 1-2, N8' LOT 3 BLOCK 19 $262.58 $5.25 $267.83
RGG1492 MSDV LLC 405 N IDA AVE 59715 TRACYS 3 S100' LOTS 16-17 E1/2 LOT 18 BLOCK D $253.52 $5.07 $258.59RGG1541DLM HOLDINGS LLC 137 W 2ND ST UNIT C 81201 REMINGTON LOT 5 LINCOLN CONDO UNIT 9 $163.67 $3.27 $166.94
RGG1806 BUCKINGHAM, CHRISTINE B TINA BUCKINGHAM LVNG TRST 719 S 7TH AVE 59715 PARK LOTS 9-10 BLOCK 49 $226.36 $4.53 $230.89
RGG1874 KEELEY, JOHN M & MOLLIE M 9 HOLLY LN 59701 B-P REARRANGED LOT 4 BLOCK 3 $391.13 $7.82 $398.95RGG2040DARK HORSE PROPERTIES LLC 8652 S 19TH AVE 59718 SPRINGBROOK LOTS 4-6 BLOCK 7 $437.83 $8.76 $446.59
RGG2046 LONSDALE, WHITNEY R &JED B WEINGARTEN 502 N 9TH AVE 59715 B-P REARRANGED LOT 5 BLOCK 3 $391.13 $7.82 $398.95
RGG20765 BISSELL INSURANCE AGENCY 4055 VALLEY COMMONS SR STE A 59718 WEST VALLEY COMMERCIAL CONDO BUILDING 2 UNIT A $304.66 $6.09 $310.75
RGG20781 DUNCAN, ARNOLD & BRIDGET CAVANAUGH 409 S YELLOWSTONE AVE 59718 GARDEN VALLEY ESTATES LOT 4 BLOCK 5 $601.17 $12.02 $613.19RGG20801BRANDENBURGER, MICHELLE L STEVEN BRANDENBURGER 302 E GRANITE AVE 59718 GARDEN VALLEY ESTATES LOT 42A BLOCK 5 GARDEN VALLEY TOWNHOMES PH II $402.79 $8.06 $410.85
RGG20805 TIPPS, KENNETH C &ERIN M CLEMENTS 407 E GRANITE AVE 59718 GARDEN VALLEY ESTATES LOT 4 BLOCK 6 $559.45 $11.19 $570.64
RGG20843 GRANITE HOMES LLC 512 AMSTERDAM BLVD 59714 VALLEY UNIT SUBDIVISION LOT 5 BLOCK 10 $601.17 $12.02 $613.19RGG20856BLACKMAN, EDWARD G 213 N PONDERA AVE UNIT 2 59718 VALLEY UNIT SUBDIVISION LOT 6 BLOCK 11 SUNSET PINES CONDOS UNIT 2 $161.64 $3.23 $164.87
RGG20866 FANDRICH, DAVID JESSICA CARTWRIGHT 6 N YELLOWSTONE AVE 59718 VALLEY UNIT SUBDIVISION LOT 9 BLOCK 19 $418.52 $8.37 $426.89
RGG20868 DAILY, RILEY & FREDRICK R 102 N YELLOWSTONE AVE 59718 VALLEY UNIT SUBDIVISION LOT 11 BLOCK 19 $385.02 $7.70 $392.72RGG20875FLEMING, DREW 103 N YELLOWSTONE AVE 59718 VALLEY UNIT SUBDIVISION LOT 4 BLOCK 20 $423.52 $8.47 $431.99
RGG20881 HALL III, RICHARD A & KARA 10 TETON AVE 59718 VALLEY UNIT SUBDIVISION LOT 10 BLOCK 20 $439.45 $8.79 $448.24
RGG20922 LEE, DUSTIN & JODI HEDGES 514 N YELLOWSTONE AVE 59718 VALLEY UNIT SUBDIVISION LOT 32 BLOCK 28 $368.64 $7.37 $376.01RGG20934OLSON, BRENT 302 TETON AVE 59718 VALLEY UNIT SUBDIVISION LOT 12 BLOCK 29 $365.57 $7.31 $372.88
RGG20993 JERRY 510 LLC 17197 BUCHAN ST 49417 VALLEY UNIT SUBDIVISION LOT 15 BLOCK 38 $382.98 $7.66 $390.64
RGG21050 CABLE, VICKIE NEEDHAM 4501 TRAPLINE CIR 99516 OVERBROOK AT WESTRIDGE UNIT 3 PARCEL 1 FIGGINS AMENDED LOTS 21-30 BLOCK 9 $306.73 $6.13 $312.86RGG21064ROGER RAMJET PROPERTIES LLC 5743 WINDSOR DR 66205 GRAF'S 1ST LOT 2B BLOCK 2 $289.74 $5.79 $295.53
RGG21115 NP BABCOCK LLC 664 TERRANCE LP 59718 ROUSE'S 3RD LOT 14 BLOCK 1 $271.64 $5.43 $277.07
RGG21427 BOYLES, CYNTHIA 2010 CHAMBERS DR 59715 GRAFS 2ND AMD BLOCK A LOT 1 BLOCK 3 $319.19 $6.38 $325.57RGG2239KELLY, CHARLENE A 4023 CHICAGO CREEK RD 80452 VALLEY OF FLOWERS BUILDING B UNIT 6 HERITAGE CONDO $63.97 $1.28 $65.25
RGG22505 WOLF, JOHN 214 S 16TH AVE UNIT 7B 59715 RICHARDS SUBDIVISION LOT 7 BLOCK 2 KIMBERLY TOWNHOUSE B WAS #93730 $107.75 $2.16 $109.91
RGG22620 SCHROEDER, ADRIENNE & DAVID 226 S BOZEMAN AVE 59715 LECLAIR SUBDIVISION LOTS 1-2 UNIT 2-A LOT 4 COTTONWOOD COVE TOWNHOUSE $113.44 $2.27 $115.71RGG22658BIG MAC LLC 1716 W MAIN ST STE 1 59715 BEAVERPOND CONDOS UNIT 1 COS 1046 TRACT 1 $172.74 $3.45 $176.19
RGG2310 DEHAAN, NANCY 423 N 5TH AVE 59715 VIOLETT LOTS 3 & 4 BLOCK 4 $405.63 $8.11 $413.74
RGG2318 NORSTRAND, ALLAN S 511 S 15TH AVE UNIT A 59715 KELLERTON SUBDIVISION LOT 3 ROSEBROOK CONDO #A $112.68 $2.25 $114.93RGG24041ARWEY INVESTMENTS LLC 3717 COTTAGE LN 59715 CEDAR WINDS CONDO UNIT 21 COS 386B TRACTS 2,3,4,5 $133.87 $2.68 $136.55
RGG24061 GALLATIN COUNTY 311 W MAIN ST RM 304 59715 COLLEGE PARK PROFESSIONAL CENTER EAST LOT 2A PLUS COMMON AREA $285.14 $5.70 $290.84
RGG24084 DOUBLE OAK INVESTMENTS LLC 2221 JUSTIN RD STE 119-154 75028 UNIVERSITY SQUARE SUBDIVISION LOT 9B BLOCK 2 $554.60 $11.09 $565.69
RGG24089 PERINGTON, ISAAC 2200 W DICKERSON ST UNIT 26 59718 SOUTHBROOK CONDO IN UNIV SQ BLOCK 2 & TRIN SE 1/4 11 2S 5E UNIT 26 $163.42 $3.27 $166.69RGG2479KELLER, WILLIAM N 606 S 13TH AVE 59715 B-P REARRANGED LOT 14 BLOCK 2 $380.16 $7.60 $387.76
RGG2522 AMPERE CAPITAL HOLDINGS LLC 2186 E NORRIS ST APT 1 19125 TRACT 27 NE1/4 SW1/4 2 ACRES 132' X 660'$543.26 $10.87 $554.13
RGG25797 LUEDER, LILLIAN 2200 W DICKERSON ST UNIT 37 59718 SOUTHBROOK CONDO IN UNIV SQ BLOCK 2 & TRIN SE 1/4 11 2S 5E UNIT 37 $163.42 $3.27 $166.69RGG25800ISLER, SHARON TUDOR 1757 HIGHLAND BLVD UNIT 30 59715 SOUTHBROOK CONDO IN UNIV SQ BLOCK 2 & TRIN SE 1/4 11 2S 5E UNIT 40 $163.42 $3.27 $166.69
RGG25806 BEVERLY ANN FINLEY LIVING TRST PO BOX 263 48001 SOUTHBROOK CONDO IN UNIV SQ BLOCK 2 & TRIN SE 1/4 11 2S 5E UNIT 46 $163.42 $3.27 $166.69
RGG25861 GALLATIN LAUNDRY CO INC PO BOX 1370 59771 GILKERSON WAREHOUSE CONDO UNIT A-3 MCCHESNEY SUB LOT 12 $43.04 $0.86 $43.90RGG25882LONGVILLE, CARTER C 2200 W DICKERSON ST UNIT 55 59718 SOUTHBROOK CONDO IN UNIV SQ BLOCK 2 & TRIN SE 1/4 11 2S 5E UNIT 55 $163.42 $3.27 $166.69
RGG25885 HUEBEL, RITA KATHLEEN 4818 BERKMAN DR APT 2174 78723 SOUTHBROOK CONDO IN UNIV SQ BLOCK 2 & TRIN SE1/4 11 2S 5E UNIT 58 $163.42 $3.27 $166.69
RGG25940 VIERS, HEIDI 1712 W OLIVE ST #55 59715 CEDAR WINDS CONDO UNIT 55 COS 386B TRACTS 2,3,4,5 $133.87 $2.68 $136.55RGG2598FARRINGTON, CLIFFORD A 606 S 6TH AVE 59715 PARK LOTS 21-22 BLOCK 42 $253.52 $5.07 $258.59
RGG2612 FILLMORE PROPERTIES LLC 208 N 11TH AVE 59715 SPRINGBROOK NORTH 5' OF LOT 11 ALL LOTS 12-13, SOUTH 15' OF LOT 14 BLOCK 12 $307.75 $6.16 $313.91
RGG2683 ASH, ANDREW L & STACIE A 3611 STANFORD DR 59715 WEST PARK MANOR 4TH LOT 1 BLOCK 5 $391.53 $7.83 $399.36RGG2693HITCHCOCK, KYLE 420 N 22ND AVE 59718 WEST PARK MANOR LOT 22 BLOCK 3 $317.81 $6.36 $324.17
RGG26977 BOWERS JR, CHARLES M ALYSSA D KAUFMAN 1121 BRENTWOOD AVE 59718 BRENTWOOD SUB LOT 27A BLOCK 2 $290.72 $5.81 $296.53
RGG26985 BRENTWOOD LLC 1120 BRENTWOOD AVE 59718 BRENTWOOD SUB LOT 1A1 BLOCK 4 $333.67 $6.67 $340.34RGG27040MOLINA, KRISTIE S MOLINA LORYNN GONZALES 2200 W DICKERSON ST UNIT 78 59718 SOUTHBROOK CONDO IN UNIV SQ BLOCK 2 & TRIN SE 1/4 11 2S 5E UNIT 78 $163.42 $3.27 $166.69
RGG27575 READY, TYLER 210 S 16TH AVE UNIT F 59715 RICHARDS SUBDIVISION REARRANGED LOTS 8-9 BLOCK 2 MAPLE LEAF CONDO UNIT F $113.22 $2.26 $115.48
RGG2776 KELLER, WILLIAM N 606 S 13TH AVE 59715 GLENDALE LOTS 21-22 BLOCK 18 $230.53 $4.61 $235.14RGG2800TUCKER, ANNE 3449 SE SHERMAN ST 97214 FIGGINS LOT 8 BLOCK 6 $328.58 $6.57 $335.15
RGG28041 JOHNSON, JULIANNE & CHRISTOPHER RYAN HYGON 1448 E 3115 S 84106 SOUTHBROOK CONDO IN UNIV SQ BLOCK 2 & TRIN SE 1/4 11 2S 5E UNIT 67 $163.42 $3.27 $166.69
RGG28084 RENNER, EUGENE H & EDITH B 111 BILLION PL 59715 SPRING MEADOW SUBDIVISION LOT 21 BLOCK 1 $461.37 $9.23 $470.60RGG28117PALAZZI, FRANK J & TONYA J 3115 FIELDSTONE DR 59715 WESTFIELD SUB, PHASE II LOT 14 BLOCK 1 $388.50 $7.77 $396.27
RGG28121 WOLPOE, MATTHEW ROSEMARIE RHEA WOLPOE 3191 FIELDSTONE DR W 59715 WESTFIELD SUB, PHASE II LOT 18 BLOCK 1 $298.76 $5.98 $304.74
Page 3
329
Delinquent Certification 060823
RGG2892 CHAPWESKE, ERIC A & NOEL M DELLOFANO 1006 S BLACK AVE 59715 SPRINGDELL S34' OF LOT 19 ALL LOT 20 BLOCK 1 $588.25 $11.77 $600.02RGG2898MARONICK, ERIN NICOLE 1802 W LINCOLN ST UNIT 7 59715 REMINGTON LOT 5 LINCOLN CONDO UNIT 7 $140.71 $2.81 $143.52
RGG29059 BEAUDION, STEPHEN & ERIN 52 CHOUTEAU AVE 59718 BRIDGER PEAKS ESTATES PH 2A LOT 10 BLOCK 18 $392.64 $7.85 $400.49
RGG29063 LAXSON, WILLIAM WALLACE 162 CHOUTEAU AVE 59718 BRIDGER PEAKS ESTATES PH 2A LOT 14 BLOCK 18 $396.81 $7.94 $404.75RGG2907PEASLEE, DANNY & DONNA K DUFF 603 S 12TH AVE 59715 GLENDALE LOTS 1-3 BLOCK 18 $347.68 $6.95 $354.63
RGG29070 GORSKI, WAYNE W 511 S 15TH AVE UNIT C 59715 KELLERTON SUBDIVISION LOT 3 ROSEBROOK CONDO #C $112.68 $2.25 $114.93
RGG29082 MORRIS, WILLIAM M 3454 CASCADE ST 59718 CASCADE SUB PHASE II LOT 55 $399.44 $7.99 $407.43RGG29102KAZAM TWO LLC 3506 FIELDSTONE DR W 59715 ADVANCED TECHNOLOGY PARK PHASE II LOT 2 BLOCK 2 TECHNOLOGY SERVICES CENTER $913.25 $18.27 $931.52
RGG29143 NOLAN, JONATHAN 206 SHERIDAN AVE 59718 CASCADE SUBDIVISION PHASE I LOT 32 $541.96 $10.84 $552.80
RGG29152 KELLY, MICHAEL & JULIE 410 SHERIDAN AVE 59718 CASCADE SUBDIVISION PHASE I LOT 41 $479.78 $9.60 $489.38RGG29172EWING, MICHAEL & BARBARA 3150 GRAF ST UNIT 7 59715 SPRING MEADOW SUBDIVISION LOT 7 AMENDED LOT 1 BLOCK 3 FOX HOLLOW TOWNHOUSES UNIT 7 $91.28 $1.83 $93.11
RGG29210 KOCH 9 LLC 531 N BOZEMAN AVE 59715 ASPEN PROFESSIONAL CENTER SUITE 9 COS 1634 TRACT A $165.81 $3.32 $169.13
RGG2984 HOBAUGH, WENDY 1007 BERTHOT DR 59715 GRAF'S 1ST LOT 3 BLOCK 6 $366.71 $7.33 $374.04RGG31376WATSON IV, HERMAN A 50 N SWEETGRASS AVE 59718 CASCADE SUBDIVISION PHASE III LOT 91 $429.31 $8.59 $437.90
RGG31617 PETTYJOHN, DAVID W & SANDY A 5692 BURCK DR NW 28027 SPRUCE MEADOWS ESTATES UNIT 17 VALLEY UNIT LOTS 1-3 &LOTS 8-10 BLOCK 14 $247.67 $4.95 $252.62
RGG31696 A & K MAK INVESTMENTS LLC 9083 ST JOE RD 59501 FULL SAIL CONDOS UNIT 801 DURSTONS TRACT 14C KIBBEY PLAZA SUBDIVISION $543.26 $10.87 $554.13RGG31698GREGORY, RONALD 327 S BIG ELK MEADOW RD 59730 TRIANGLE AREA ANNEX COS 1352 TRACT 1 SUNDANCE CONDOS UNIT 3 $82.18 $1.64 $83.82
RGG31699 GREGORY, RONALD 327 S BIG ELK MEADOW RD 59730 TRIANGLE AREA ANNEX COS 1352 TRACT 1 SUNDANCE CONDOS UNIT 4 $93.74 $1.87 $95.61
RGG31700 GREGORY, RONALD 327 S BIG ELK MEADOW RD 59730 TRIANGLE AREA ANNEX COS 1352 TRACT 1 SUNDANCE CONDOS UNIT 5 $109.85 $2.20 $112.05
RGG31701 GREGORY, RONALD 327 S BIG ELK MEADOW RD 59730 TRIANGLE AREA ANNEX COS 1352 TRACT 1 SUNDANCE CONDOS UNIT 6 $58.71 $1.17 $59.88RGG31798BUELL, KAY TRUSTEE PAUL J DORNBOS TRUST 3333 S 27TH AVE 59718 WESTGATE LOT 22 $334.25 $6.69 $340.94
RGG31807 SMITH, GREGG R &GERALDINE A GOVAERTS 26 S HUNTERS WAY 59718 WESTGATE LOT 31 $342.12 $6.84 $348.96
RGG32321 ALDON L SPRENGER SURVIVOR TRST SPRENGER, ALDON L & BRIAN L 3922 SPRUCE MEADOW DR 59718 SPRUCE MEADOWS ESTATES UNIT 22 VALLEY UNIT LOTS 1-3 &LOTS 8-10 BLOCK 14 $260.85 $5.22 $266.07RGG32405SWEENEY, TERRENCE 3605 RAVALLI ST 59718 VALLEY CREEK SUBDIVISION PHASE I LOT 3 BLOCK 1 $277.98 $5.56 $283.54
RGG32407 WAY, FRANK & DANIELLE PO BOX 161846 59716 VALLEY CREEK SUBDIVISION PHASE I LOT 5 BLOCK 1 $256.99 $5.14 $262.13
RGG33051 URIBE, ANGEL A & OFELIA R DE URIBE FAMILY REV TRUST 5618 OWENS DR APT 208 94588 VALLEY CREEK SUBDIVISION PHASE II LOT 3A BLOCK 8 $132.08 $2.64 $134.72RGG33057WILLIAMS, DANIEL A & HEATHER C WILLIAMS FAMILY TRST 406 GOLDEN VALLEY DR 59718 VALLEY CREEK SUB PH II LOT 6A BLOCK 8 $121.16 $2.42 $123.58
RGG33066 BLANCHARD, TIMOTHY J PO BOX 11445 59719 VALLEY CREEK SUB PH II LOT 10B BLOCK 8 $135.27 $2.71 $137.98
RGG33381 RG 5400 FOWLER LLC C/O RG CAPITAL LLC 1271 AVE OF AMERICAS FLR 24 10020 2021 BUFFALO RUN 5400 FOWLER LANE ANNEXATION 20.33 ACRES $543.26 $10.87 $554.13RGG33747GALLATIN COUNTY 311 W MAIN ST RM 304 59715 TRACYS LOTS 1-9 BLOCK D & TRACYS LOTS 34-42 1.75 ACRES TOTAL $720.69 $14.41 $735.10
RGG33747 GALLATIN COUNTY 311 W MAIN ST RM 304 59715 TRACYS EAST 8' LOT 37, ALL LOTS 38-42 BLOCK D $147.42 $2.95 $150.37
RGG33751 GALLATIN COUNTY 311 W MAIN ST RM 304 59715 TRACT A & PORTION TRACT B OF COS 691 LAW & JUSTICE CENTER 15 ACRES $5,915.99 $118.32 $6,034.31RGG3386TODD, ALISON A PO BOX 5061 59717 NORMANDY LOT 1 BLOCK 14 $278.15 $5.56 $283.71
RGG3390 PARTCH, ERIC N & SUZANNE E B 413 N WALLACE AVE 59715 WEST PARK LOTS 13-14 BLOCK 4 $262.95 $5.26 $268.21
RGG3408 MACK, TYLER A 503 N 18TH AVE 59715 GRAF'S 1ST REARRANGED LOT 29 BLOCK A KIRK'S 2ND BLOCK 6 $310.37 $6.21 $316.58RGG3449GARNER, CARSON BOX 700 22066 PARK NORTH 45' OF LOTS 15-18 BLOCK 30 $162.99 $3.26 $166.25
RGG34552 25TH STREET APARTMENTS LLC 1237 NEW HOLLAND DR 59718 BROOKSIDE SUBDIVISION LOT 4A $178.50 $3.57 $182.07
RGG34553 25TH STREET APARTMENTS LLC 1237 NEW HOLLAND DR 59718 BROOKSIDE SUBDIVISION LOT 4B $178.50 $3.57 $182.07RGG34557ALBRECHT, NATHAN 75 BOXWOOD DR 59718 BROOKSIDE SUBDIVISION LOT 6B $178.50 $3.57 $182.07
RGG34563 BROOKSIDE TOWNHOUSE LLC 991 AUGER LN 59718 BROOKSIDE SUBDIVISION LOT 10A $185.42 $3.71 $189.13
RGG34588 JOHNSON, MAXIM GORDON 1058 ROSA WAY 59718 GREENWAY SUB AMEND LOT 1A1 BLOCK 3 $243.48 $4.87 $248.35RGG34604WILKINSON, MICHAEL & AMBER 517 DOVE CT 59718 GREENWAY SUB LOT 3 BLOCK 4 $328.16 $6.56 $334.72
RGG34632 POMEROY, DERIK & I-HO 323 W MAIN ST 59715 GREENWAY SUBDIVISION LOT 2B BLOCK 7 $199.26 $3.99 $203.25
RGG34639 BOGUE, JAMES & LOIS CALFTAIL C/O FIDUCIARY MGMT 300 N WILLSON AVE STE 3004 59715 GREENWAY SUBDIVISION LOT 6A BLOCK 7 $156.24 $3.12 $159.36
RGG34640 BUCKNER PROPERTIES LLC C/O MANAGEMENT ASSOC 682 FERGUSON AVE STE 6 59718 GREENWAY SUBDIVISION LOT 6B BLOCK 7 $168.39 $3.37 $171.76RGG34705NELSON, JASON & ABBY 205 MAIN ST 03216 BABCOCK MEADOWS SUBDIVISION LOT 8 $369.29 $7.39 $376.68
RGG34720 TAYLOR, ALVIN & KARLA 2820 DONNA AVE 59718 BABCOCK MEADOWS SUB LOT 23 $366.42 $7.33 $373.75
RGG34758 PURCELL, DARREN 1936 GREAT FALLS ST 22101 WESTFIELD SOUTH SUBDIVISION PHASE I LOT 4 BLOCK 2 $404.00 $8.08 $412.08RGG3501MCDONNELL & MCDONNELL II LAND 315 N 15TH ST 59101 NORTH 7TH ADD BLOCK 1 LOTS 19, 20 & 25 PLUS VAC ALLEY $1,422.98 $28.46 $1,451.44
RGG3573 CRAFTYS K&C LL 3300 ARABIAN RD 59602 FIGGINS LOT 22 BLOCK 4 $382.10 $7.64 $389.74
RGG3593 CONKLING, PATRICIA LYNNE 6008 SKYLINE LN 59715 WEST SIDE LOTS 13-24 BLOCK 7 PLUS VACANT ALLEY $543.26 $10.87 $554.13RGG3670NICHOLAS, DANIELLE E 409 S 5TH AVE 59715 PARK LOTS 5-6 BLOCK 26 $253.52 $5.07 $258.59
RGG3680 BASECAMP BOZEMAN LLC 910 S BLACK AVE 59715 WEST PARK SOUTH 8' LOT 3, ALL LOTS 4-6 BLOCK 34 $476.36 $9.53 $485.89
RGG3698 KELLY, KRISTOPHER 107 PONDEROSA DR 80439 VALLEY OF FLOWERS BUILDING D UNIT 14 HERITAGE CONDO $78.60 $1.57 $80.17RGG3750BADA, REBECA RANSENBERG & STEFAN MITROVICH 309 W HARRISON ST 59715 CAPITOL HILL W 1/2 OF S 1/2 OF LOT 11 & W 1/2 OF LOTS 12-13 BLOCK 1 $68.45 $1.37 $69.82
RGG38884 WHATMANS ENTERPRISE LLC 2405 W MAIN ST STE 3 59718 OAKWOOD SQUARE CONDO UNIT 3 FESTIVAL SQUARE LOT 4 MINOR SUBDIVISION 131 $235.67 $4.71 $240.38
RGG38893 CASTLEBAR LTD PARTNERSHIP 18100 VON KARMAN AVE STE 500 92612 ANNIE SUBDIVISION PHASE II LOT 3M-1 CASTLEBAR APARTMENTS PHASE 1 3.67 ACRES $33.28 $0.67 $33.95RGG38969ANDERSON, WILLIAM G & KATHERINE L ANDERSON 3300 E GRAF ST UNIT 43 59715 LINDEN COURT CONDOS UNIT 3 VALLEY UNIT LOTS 5-6 BLOCK 13 $175.19 $3.50 $178.69
RGG38985 BUCKNER, ASHLEIGH 61 N 24TH AVE 59718 WEST BABCOCK LOT 5 BLOCK 2 $225.28 $4.51 $229.79
RGG3950 BOYD, RONALD SCOTT & FRANCES L 3206 RIVA RIDGE 78746 KARPS LOT 15 BLOCK 5 $314.37 $6.29 $320.66RGG39750LAFLEUR, ERIC &REBECCA J AUZENNE 507 PRAIRIE AVE 59718 PARKWAY PLAZA SUBDIVISION LOT 4A BLOCK 4 $122.61 $2.45 $125.06
RGG39770 MOUNTAIN FINANCIAL SERVICES 2340 BUTCH CASSIDY DR 59718 PARKWAY PLAZA SUBDIVISION LOT 3A BLOCK 6 $123.72 $2.47 $126.19
RGG40136 ROSA JOHNSON DEVELOPMENT LLC 2264 JACKRABBIT LN UNIT B 59718 BOULDER CREEK SUBDIVISION LOT 1R-1 $543.26 $10.87 $554.13RGG40236COMEY, DANIKA LEE JORDAN CLAY SYKES 2514 DAFFODIL ST 59718 DURSTON MEADOWS SUB PH I LOT 8 BLOCK 1 $211.49 $4.23 $215.72
RGG40239 JOHNSTON, JEFFREY & RACHEL 2502 DAFFODIL ST 59718 DURSTON MEADOWS SUB PH I LOT 11 BLOCK 1 $266.93 $5.34 $272.27
RGG40249 DURFEE, CAMERON K 2619 DAFFODIL ST 59718 DURSTON MEADOWS SUB PH I LOT 21 BLOCK 2 $221.51 $4.43 $225.94RGG4055HITCHCOCK, DANIEL & JULIE 19 LARIAT LP 59715 TRACYS LOTS 30-31 BLOCK D $283.95 $5.68 $289.63
RGG4073 ECK, ERIK 1166 AUKELE ST 96734 VIOLETT LOT 10 BLOCK 4 $199.21 $3.98 $203.19
Page 4
330
Delinquent Certification 060823
RGG4125 HOLLISTER LLC 4801 HYADA BLVD NE 98422 WEST PARK MANOR 2 LOT 12 BLOCK 3 $360.05 $7.20 $367.25RGG41382MCCARTHY, KAREN M 121 N 24TH AVE 59718 WEST BABCOCK LOT 4 BLOCK 4 $207.95 $4.16 $212.11
RGG4139 CASSANDRA BRECKENBRIDGE LLC 3145 ELECTRA DR 80906 JAFFE'S REARRANGED LOT 22 BLOCK 5 KIRK'S 2ND BLOCK 5 $431.42 $8.63 $440.05
RGG4158 LIEB, NICHOLAS S & TIMOTHY D KEVANE 504 W ARTHUR ST 59715 BRIDGER ARMS CONDOS PH 2 UNIT 1 ROUSES 3RD TRACT 2 $71.76 $1.44 $73.20RGG41755BROCK, RANDON P & PAUL B 2503 SNAPDRAGON ST 59718 DURSTON MEADOWS SUBDIVISION PHASE II LOT 12 BLOCK 3 $304.04 $6.08 $310.12
RGG42139 LEE, DANIEL J 3012 W VILLARD ST APT A 59718 MORGAN CREEK CONDOS NORTH MEADOWS SUBDIVISION LOT 6 BLOCK 4 PHASE 2 #2A $95.90 $1.92 $97.82
RGG4226 NEIL, LAURIE G 915 W CURTISS ST 59715 WEST PARK E70' LOTS 13-15 E70'OF 12' LOT 16 BLOCK 8 $220.57 $4.41 $224.98RGG42409FARMER, RYAN & STACY 2611 LILY DR 59718 DURSTON MEADOWS SUBDIVISION PHASES 4 & 5 LOT 18 BLOCK 5 $217.09 $4.34 $221.43
RGG42437 THREE LITTLE CHICKENS LLC 138 GRANDVIEW WAY 59803 DURSTON MEADOWS SUB PH 6 & 7 LOT 6 BLOCK 6 $211.63 $4.23 $215.86
RGG42453 MCNAMEE, PATRICK & BRITTANY 2610 GOLDENROD LN 59718 DURSTON MEADOWS SUBDIVISION PHASE 6 & 7 LOT 4 BLOCK 7 $218.17 $4.36 $222.53RGG42455ANDREAS, ELIZABETH JOSHUA M LICHTY 2602 GOLDENROD LN 59718 DURSTON MEADOWS SUBDIVISION PHASE 6 & 7 LOT 6 BLOCK 7 $218.17 $4.36 $222.53
RGG42529 CHEN, YIHAN 5766 BLACKBIRCH ST 89148 HARVEST CREEK SUBDIVISION PHASE I LOT 3 BLOCK 3 $313.23 $6.26 $319.49
RGG42581 CHISDAK HOLDINGS LLC 6355 FORSWALL RD 59714 STADIUM CENTER SUBDIVISION LOT 14 COS 280 TRACTS 2A & 2B COS I-1-A TRACT 1B $762.26 $15.25 $777.51RGG42583STADIUM DRIVE #16 LLC 1400 BLACK BEAR RD 59718 STADIUM CENTER SUBDIVISION LOT 16 COS 280 TRACTS 2A & 2B COS 8-1-A TRACT 1B $728.65 $14.57 $743.22
RGG4267 DAVIES, VICKIE &ROBERT DOUGHERTY 425 PERKINS PL 59715 CAPITOL HILL LOTS 24-25 BLOCK 2 $286.12 $5.72 $291.84
RGG42968 BROWN, JANICE 4040 W RAVALLI ST UNIT 65 59718 ASPEN PLACE CONDOS UNIT 65 MINOR SUBDIVISION 261 LOT 1 BLOCK 3 $263.91 $5.28 $269.19RGG4309BEEKMAN, RICHARD SANDRA L ENDERSBY-BEEKMAN 311 N 17TH AVE 59715 GRAF'S 3RD REARRANGED LOT 20 BLOCK B KIRK'S 2ND BLOCK 6 $349.41 $6.99 $356.40
RGG43208 CRATER MOUNTAIN INVESTMENTS 1906 BLANCA COURT 80538 TRACT 1A AMND SUB PLAT F-1-D (FORMERLY TR 1 COS 2096)$543.26 $10.87 $554.13
RGG4381 1516 BABCOCK LLC 128 E DYER RD UNIT F 92707 MOES LOT 1 $433.45 $8.67 $442.12
RGG43962 HUMPHREY, MONA 2705 LILY DR 59718 HARVEST CREEK SUBDIVISION PHASE 2 LOT 1 BLOCK 5 $313.23 $6.26 $319.49RGG43992KLUG, JAMES T 35 W FIELDVIEW CIRCLE 59715 HARVEST CREEK SUBDIVISION PHASE 2 LOT 7 BLOCK 19 $311.46 $6.23 $317.69
RGG44145 FREEDMAN, RONALD S & DEBRA A 683 RUDDER RD 34102 NORTH MEADOWS SUBDIVISION LOT 4 BLOCK 4 PHASE 1 MORGAN CREEK III UNIT 1D $84.24 $1.68 $85.92
RGG4454 MCBRIDE, SCOTT & KAYLIE 2506 WESTRIDGE DR 59715 FIGGINS LOT 10 BLOCK 8 $325.67 $6.51 $332.18RGG4457BORGESON, PAUL E PO BOX 931 59771 FIGGINS LOT 17 BLOCK 8 $273.23 $5.46 $278.69
RGG4459 PERSONS, STEVEN &JENNIFER & PATRICIA GRACE 2512 LANDOE AVE 59715 FIGGINS LOT 19 BLOCK 8 $272.22 $5.44 $277.66
RGG4461 WHETSTONE, JANICE K 2711 WESTRIDGE DR 59715 FIGGINS LOT 2 BLOCK 9 & .09 ACRES PT OF RR RIGHT OF WAY ADJACENT (RGG63295)$456.71 $9.13 $465.84RGG4462SMITH, CAMERON G & JENNIFER S 2705 WESTRIDGE DR 59715 FIGGINS LOT 3 BLOCK 9 $456.71 $9.13 $465.84
RGG44810 CAMERON, AUSTEN 413 MINERAL AVE 59718 FERGUSON MEADOWS SUBDIVISION LOT 6 BLOCK A $336.94 $6.74 $343.68
RGG44874 GUNDERSON, LESLIE & DOSS, LISA 117 MINERAL AVE 59718 FERGUSON MEADOWS SUBDIVISION LOT 1 BLOCK G $409.27 $8.19 $417.46RGG44907THOMPSON, DIANE M 16 SANDERS AVE 59718 FERGUSON MEADOWS SUBDIVISION LOT 6 BLOCK I $336.94 $6.74 $343.68
RGG4508 DWYER, JENNIFER 212 PAINTED HILLS RD 59715 ROUSES 3RD TRACT 4 BLOCK 1 $285.22 $5.70 $290.92
RGG45139 PINT, JEFFRY & MICHELE 3009 RITTER DR 59715 ALLISON SUBDIVISION PHASE 2 LOT 4 BLOCK 4 $542.54 $10.85 $553.39RGG45152TATE, FORREST PAXTON PO BOX 4027 59772 HARVEST CREEK SUBDIVISION PHASE 3 LOT 1 BLOCK 10 $271.64 $5.43 $277.07
RGG45161 HOFFER, NICOLE L 1204 BUCKRAKE AVE 59718 HARVEST CREEK SUB PHASE 3 LOT 4 BLOCK 11 $240.04 $4.80 $244.84
RGG45168 STAMSON, NICHOLAS G & CHELLESE 1223 BARLEY AVE 59718 HARVEST CREEK SUBDIVISION PHASE 3 LOT 11 BLOCK 11 $240.02 $4.80 $244.82RGG45184BALDOCK, BEAU B & SARAH BRUCKNER NORTHEN PO BOX 7015 83002 HARVEST CREEK SUBDIVISION PHASE 2 LOT 3 BLOCK 13 $251.13 $5.02 $256.15
RGG45194 JOHNSON, MACKENZIE & BEN 2818 CASE ST 59718 HARVEST CREEK SUB PHASE 3 LOT 13 BLOCK 13 $305.14 $6.10 $311.24
RGG45199 TATE, FORREST PAXTON PO BOX 4027 59772 HARVEST CREEK SUB PHASE 3 LOT 18 BLOCK 13 $239.04 $4.78 $243.82RGG45200TATE, FORREST PAXTON PO BOX 4027 59772 HARVEST CREEK SUB PHASE 3 LOT 19 BLOCK 13 $239.04 $4.78 $243.82
RGG45248 DEMAREE, ANGELA C 240 KATHRYN CT 59718 BABCOCK MEADOWS SUBDIVISION PHASE 2B LOT 52 $340.61 $6.81 $347.42
RGG45487 HARGROVE JR, ROBERT & CYNDI 3529 W FIELDSTONE DR 59715 WESTFIELD SOUTH SUBDIVISION PHASE 3A LOT 11 BLOCK 5 $416.66 $8.33 $424.99RGG45491REINES, AMY E & DAVID NIDEVER AE REINES & DL NIDEVER TRUST 603 CORNELL DR 59715 WESTFIELD SOUTH SUB PH3A LOT 20 BLOCK 6 $399.40 $7.99 $407.39
RGG45494 NORD, JOHN & JENNIFER 3617 W FIELDSTONE DR 59715 WESTFIELD SOUTH SUBDIVISION PHASE 3A LOT 2 BLOC K 7 $389.27 $7.79 $397.06
RGG4560 SULLIVAN, TERRI PO BOX 1802 59771 GLENDALE LOTS 1-3 BLOCK 17 $355.84 $7.12 $362.96
RGG45865 BOZEMAN OWNER LLC 409 MASSACHUSETTS AVE #300 46204 KAGY CROSSROADS SUB LOT 1A BLK 1 $8,130.68 $162.61 $8,293.29RGG45867THOMPSON PARTNERS LLC PO BOX 11301 59719 OUT OF THE BLUE CONDO UNIT A-1 KAGY CROSSROADS SUBDIVISION LOT 2 BLOCK 1 $422.37 $8.45 $430.82
RGG45868 PAULSON ENTERPRISES LLC 1908 S ROUSE AVE 59715 KAGY CROSSROADS SUBDIVISION LOT 3 BLOCK 1 1.1 ACRES $1,805.03 $36.10 $1,841.13
RGG45925 CHIPLEY, STEPHANIE A 106 E GRANITE AVE APT B 59718 GRANITE PEAK CONDOS UNIT B VALLEY UNIT SUBDIVISION LOT 11 BLOCK 9 $178.10 $3.56 $181.66RGG45984CASS REAL ESTATE INVESTMENT 3198 SENTINEL DR 59715 MEADOW VISTA CONDOS UNIT 3F NORTH MEADOWS SUBDIVISION PHASE 1 AMENDED LOT 3A $114.98 $2.30 $117.28
RGG46490 KLECKNER, THOMAS 4243 W BABCOCK ST UNIT 1 59718 WHISPER ROCK CONDOS UNIT 1 VALLEY WEST SUBDIVISION PHASE 1A LOT 55 BLOCK 1 $157.02 $3.14 $160.16
RGG46495 OLSEN, HANNAH JO 31 N CLIFDEN DR 59715 VALLEY WEST SUB PHASE 1A LOT 50 BLOCK 1 $276.97 $5.54 $282.51RGG46556GANN, BRANDON T NICHOLAS A ROBBINS 3273 OLIVER ST 59718 HARVEST CREEK SUBDIVISION PHASE 5 LOT 1 BLOCK 32 $299.30 $5.99 $305.29
RGG46560 GATEWAY PARTNERS 3731 EQUESTRIAN LN STE 203 59718 HARVEST CREEK SUBDIVISION PHASE 5 LOT 4 BLOCK 33 $370.46 $7.41 $377.87
RGG46834 BURK, JASON D & LISA M 3611 COTTAGE LN 59715 WEST MEADOWS SUB PHASE 1 LOT 19S MEADOWS MINOR SUB #294 LOT 4 $425.29 $8.51 $433.80RGG46835WILSON, JANICE K 3623 COTTAGE LN 59715 WEST MEADOWS SUB PHASE 1 LOT 20S MEADOWS MINOR SUB #294 LOT 4 $457.17 $9.14 $466.31
RGG46838 ARWEY INVESTMENTS LLC 3717 COTTAGE LN 59715 WEST MEADOWS SUB PHASE 1 LOT23 S MEADOWS MINOR SUB #294 LOT 4 $500.20 $10.00 $510.20
RGG46859 BUCHL, KURT J 15 E FIELDVIEW CIR 59715 WEST MEADOWS SUB PHASE 1 LOT 16S MEADOWS MINOR SUB #294 LOT 4 $340.26 $6.81 $347.07RGG46886MONFORTON, DAVID & MARCIA 2475 ROSE ST 59718 ANNIE SUBDIVISION PHASE 3A LOT 17 BLOCK 2 $353.48 $7.07 $360.55
RGG47193 LEONARDSON, MELISSA 1351 N 450 E 84097 DURSTON MEADOWS CONDOS UNIT 2 DURSTON MEADOWS PHASE 6 & 7 LOT 9 BLOCK 8 $211.08 $4.22 $215.30
RGG47257 REECE, BUCK & JENNIFER 3150 ROSE ST 59718 HARVEST CREEK PHASE 6 LOT 12 BLOCK 35 $345.11 $6.90 $352.01RGG47269GATEWAY PARTNERS 3731 EQUESTRIAN LN STE 203 59718 HARVEST CREEK PHASE 6 LOT 1 BLOCK 31 $331.64 $6.63 $338.27
RGG47284 FRANCK, PRESTON MEGHAN KRANKER 12 MERIWETHER AVE 59718 WEST GLEN SUBDIVISION LOT 3A BLOCK 6 $189.93 $3.80 $193.73
RGG47294 ANDERSON, BENJAMIN J 91 DROULLIARD AVE 59718 THE GABLES CONDOS UNIT 91 WEST GLEN LOTS 14-16 BLK 3 $168.78 $3.38 $172.16RGG47307TONN, BRUCE & JULIE 5427 WALTER HAGEN DR 59106 WEST GLEN SUBDIVISION LOT 6A BLOCK 3 $186.59 $3.73 $190.32
RGG47344 WEIGHT, CHANCE 3145 CAMEAHWAIT ST 59718 WEST GLEN SUB LOT 1B BLOCK 1 $160.45 $3.21 $163.66
RGG47349 HYDE, BRETT W & AMY A 2011 SUMMIT DR UNIT 2B 59730 COOK,MCLEAN PROFESSIONAL CENTER, CONDO #202 STADIUM CENTER SUBDIVISION LOT 3 $223.44 $4.47 $227.91RGG47362LARSON, PAUL 3890 AIRPORT RD 59714 OAKWOOD BUSINESS CNETER BLDG A UNIT 4 VOLZ-WALLIN VW-2 N OF TR VW-2A $356.16 $7.12 $363.28
RGG47389 KAGY PROPERTY LLC 4900 PATTERSON RD 59715 WEST KAGY PROFESSIONAL BUILDING CONDO UNIT 101 TAI LANE LOT 10B TRACT 1 $239.00 $4.78 $243.78
Page 5
331
Delinquent Certification 060823
RGG47390 DENTE PROPERTIES LLC 2055 N 22ND AVE UNIT 3 59718 NORTHRIDGE PROFESSIONAL PLAZA BUILDING A UNIT 3 STONERIDGE SUBDIVISION $236.30 $4.73 $241.03RGG47658GUSTAFSON, WILLIAM B KATHLEEN M ANDERSON 808 JESSIE ST 93940 MADISON PLACE CONDO UNIT 11 NORTH MEADOWS SUBDIVISION LOT 2 BLOCK 1 $120.24 $2.40 $122.64
RGG47690 PROSPEROUS REAL ESTATE LLC 363 CHRISTOPHER RD 59718 MADISON PLACE CONDO UNIT 43 NORTH MEADOWS SUBDIVISION LOT 5 BLOCK 1 $120.24 $2.40 $122.64
RGG47695 HARDIN, HENRY N 515 MICHAEL GROVE AVE UNIT 48 59718 MADISON PLACE CONDO UNIT 48 NORTH MEADOWS SUBDIVISION LOT 5 BLOCK 1 $104.28 $2.09 $106.37RGG47705CARNEFIX, JASON 515 MICHAEL GROVE AVE UNIT 58 59718 MADISON PLACE CONDO UNIT 58 NORTH MEADOWS SUBDIVISION LOT 5 BLOCK 1 $104.28 $2.09 $106.37
RGG47737 RACICOT, THERESA R 4055 SOURDOUGH RD 59715 ASPEN PLACE CONDOS UNIT 70 MINOR SUBDIVISION 261 LOT 1 BLOCK 3 $209.67 $4.19 $213.86
RGG4804 NORRIS, WILMA M 9411 W MANZANITA DR 85373 ROYAL VISTA LOT 19 BLOCK 1 REARRANGED LOTS 3-6 $435.07 $8.70 $443.77RGG48257MONTANA MONSONS LLC 1195 STONERIDGE DR UNIT1 59718 MJB CONDOS UNIT 1 STONERIDGE PUD SUBDIVISION PHASE 2B LOT 26 $499.47 $9.99 $509.46
RGG48390 WEINERT,JASON COREY &ELIZABETH ANN SADAJ 3092 LILY DR 59718 HARVEST CREEK PHASE 7 LOT 18 BLOCK 17 $381.83 $7.64 $389.47
RGG48398 MATTHEWS, GARY D 2953 LILY DR 59718 HARVEST CREEK SUBDIVISION PHASE 7 LOT 20 BLOCK 18 $380.87 $7.62 $388.49RGG48407GATEWAY PARTNERS 3731 EQUESTRIAN LN STE 203 59718 HARVEST CREEK PHASE 7 LOT 8 BLOCK 31 $331.64 $6.63 $338.27
RGG48408 TATE, STEPHANIE BETH 3194 LILY DR 59718 HARVEST CREEK PHASE 7 LOT 9 BLOCK 36 $10.54 $0.21 $10.75
RGG4843 VINCENT, MISTY 214 S 15TH AVE UNIT 30 59715 VALLEY OF FLOWERS BUILDING H UNIT 30 HERITAGE CONDO $78.60 $1.57 $80.17RGG48436HARTMAN, JOHN DANIEL PO BOX 4654 59772 DIAMOND ESTATES #2 PHASE 1 LOT 4 BLOCK 3 $394.58 $7.89 $402.47
RGG48453 ROSE HOLDINGS LLC 27 HATFIELD CT 59718 DIAMOND ESTATES #2 PHASE 1 LOT 6 BLOCK 5 SUNSTONE CONDOS UNIT 722 $199.32 $3.99 $203.31
RGG4847 CASSAVAUGH, RYAN &SARAH BREELAND 225 PIONEER DR UNIT 34 59715 VALLEY OF FLOWERS BUILDING I UNIT 34 HERITAGE CONDO $78.60 $1.57 $80.17RGG48470RUNYON, NICHOLAS LEE DEBORAH ANN RUNYON 4425 ALEXANDER ST 59718 VALLEY WEST SUBDIVISION PHASE 1B LOT 15 BLOCK 1 TRACT 2 $278.92 $5.58 $284.50
RGG4858 PRUIETT, LINDSEY & STEPHEN & JOHN R & SUSAN C HICKS PO BOX 160377 59716 VALLEY OF FLOWERS BUILDING M UNIT 46 HERITAGE CONDO $102.80 $2.06 $104.86
RGG4874 WEST, ADAM 212 S 10TH AVE 59715 WEST PARK WEST 93' OF LOT 19,SOUTH 1/2 OF WEST 93' OF LOT 20 BLOCK 8 $126.34 $2.53 $128.87
RGG49051 LANNON, GREGORY G &ANDREA D GIAMANCO 3726 BUNGALOW LN 59715 WEST MEADOW SUB PHASE 2 LOT 40 LOT 3 SO MEADOW MINOR SUB #294 $390.22 $7.80 $398.02RGG49066CROW, ANDREW & SARA 174 ARCADIS LN 59715 WEST MEADOW SUBDIVISION PHASE 2 LOT 55 LOT 3 SOUTH MEADOW MINOR SUBDIVISION #294 $506.13 $10.12 $516.25
RGG49530 MATHEWS, PANKAJ 2600 PROSPECT AVE 60201 ALDER CREEK SUBDIVISION PHASE 1 LOT 5 BLOCK 4 $2.00 $0.04 $2.04
RGG49541 EVANS, KATHERINE BAILEY 3202 HILLCREST DR 59715 ALDER CREEK SUBDIVISION PHASE 1 LOT 16 BLOCK 4 $359.74 $7.19 $366.93RGG49756BLACKWOOD, SHERI LEE 2505 FAIRWAY DR 59715 VALLEY WEST SUBDIVISION PHASE 1A LOT 35A BLOCK 1 STAFFORD VILLAS $197.85 $3.96 $201.81
RGG49794 DAW, MATTHEW R 7451 OWL GULCH RD 59602 GROTTO FALLS CONDOS UNIT A LAUREL GLEN PH 1 LOT 10 BLK 2 $129.26 $2.59 $131.85
RGG49816 BENNETT, ANGELA 726 FORESTGLEN DR 59718 LAUREL GLEN SUBDIVISION PHASE 1 LOT 9 BLOCK 7 $326.01 $6.52 $332.53RGG49820PIGMAN, MAX & KAREN 818 STUART ST 59601 LAUREL GLEN SUBDIVISION PHASE 1 LOT 13 BLOCK 7 $339.37 $6.79 $346.16
RGG49864 SERFONTEIN REAL ESTATE HOLDING 20891 PORTER RANCH RD 92679 LAUREL GLEN SUBDIVISION PHASE 1 LOT 7 BLOCK 12 $265.15 $5.30 $270.45
RGG49900 MCGUIRE, CHELSEA 5485 GLENELLEN DR UNIT 1 59718 RED TAIL MEADOWS CNDS UNIT 1 LAUREL GELN PH1 LOT 1 BLK 18 $152.46 $3.05 $155.51RGG49919SWANSON, SHAYLA 653 N 15TH AVE 59715 WALTON HOMESTEAD SUBDIVISION PHASE 1 LOT 3 BLOCK 1 $174.25 $3.49 $177.74
RGG49964 DARLING, MARGOT 7511 JARMEN CIR 59715 PARK ADDITION AMENDED LOTS 1-6 BLOCK 16 NOW LOT 5A BLOCK 16 $139.45 $2.79 $142.24
RGG50150 SORIANO, CYNTHIA L 5690 ANNIE ST UNIT 3A 59718 CHARLES PLACE CONDOS UNIT 3A LAUREL GLEN LOT 1 BLOCK 6 $97.50 $1.95 $99.45RGG50254DEARTH, DAVID W & OLGA VSEVOLOZHSKAYA 109 E SHORT ST 59715 WALTON HOMESTEAD SUBDIVISION PHASE II LOT 9 BLOCK 7 (PLUS COMMON AREA)$199.19 $3.98 $203.17
RGG50270 GROSFIELD, ARIK M 35 TIMBERVIEW CIR 59718 WALTON HOMESTEAD SUBDIVISION PHASE II LOT 1 BLOCK 5 $316.31 $6.33 $322.64
RGG50290 MILNER, THOMAS E & JYOTI D QUERCUS LIVING TRST 45 ANGELOU ST 92617 WALTON HOMESTEAD SUBDIVISION PHASE II LOT 21 BLOCK 5 $142.41 $2.85 $145.26RGG50291CHRISTIANSEN, KENNETH R& MEGAN 753 MATHESON WAY 59715 WALTON HOMESTEAD SUBDIVISION PHASE II LOT 22 BLOCK 5 $85.46 $1.71 $87.17
RGG50293 STOY, PADRAIC 785 MATHESON WAY 59715 WALTON HOMESTEAD SUBDIVISION PHASE II LOT 24 BLOCK 5 $133.33 $2.67 $136.00
RGG50309 HOGE, JESSICA ANNE 854 MATHESON WAY 59715 WALTON HOMESTEAD SUBDIVISION PHASE II LOT 16 BLOCK 6 $273.05 $5.46 $278.51RGG50325COPPENS, STACIE L 12108 MONTURA ROSA PL 89138 WALTON HOMESTEAD SUBDIVISION PHASE II LOT 32 BLOCK 6 $161.28 $3.23 $164.51
RGG5036 MARY CANTERBURY CANADA 416 W OLIVE ST 59715 PARK LOTS 10-11 & E10' LOT 12 BLOCK 19 $282.50 $5.65 $288.15
RGG50484 625 FIFTH LLC 1290 S 2ND ST 82520 BRIDGER COMMONS CONDOS UNIT T NORTH 7TH ADDITION LOT B BLOCK 1 OF AMENDED PLAT OF $109.17 $2.18 $111.35RGG50618GATEWAY PARTNERS 3731 EQUESTRIAN LN STE 203 59718 HARVEST CREEK SUBDIVISION PHASE 8 LOT 1 BLOCK 29 $17.35 $0.35 $17.70
RGG50619 FENG, WENCHAO & HONGTAO ZHANG 2991 ANNIE ST 59718 HARVEST CREEK SUBDIVISION PHASE 8 LOT 2 BLOCK 29 $337.73 $6.75 $344.48
RGG50625 GATEWAY PARTNERS 3731 EQUESTRIAN LN STE 203 59718 HARVEST CREEK SUBDIVISION PHASE 9 LOT 8 BLOCK 29 $298.75 $5.98 $304.73
RGG50862 FELTIS-GERMAN, LISA L GERMAN TRUST 4587 CASCADE ST 59718 VALLEY WEST SUBDIVISION PHASE 2 LOT 19 $304.68 $6.09 $310.77RGG5093TUFTE, JESSE R & PATRICK D JOHNSON 1448 ASH DR 59715 WEST PARK LOTS 20-21 BLOCK 37 $237.23 $4.74 $241.97
RGG50960 BAILEY, WILLIAM & KAREN 1753 W KAGY BLVD 59715 HAWKS RIDGE CONDOS UNIT 1753 KAGY ANNEXATION COS 573 WAS TRACT A UNIVERSITY APARTMENTS $165.30 $3.31 $168.61
RGG50966 MEYER, DEBORAH L PO BOX 184 81201 HAWKS RIDGE CONDOS UNIT 1765 KAGY ANNEXATION COS 573 WAS TRACT A UNIVERSITY APARTMENTS $165.30 $3.31 $168.61RGG50969LUNDIN, GREGG T & KRISTIN K 7855 PARKWOOD DR 59808 HAWKS RIDGE CONDOS UNIT 1771 KAGY ANNEXATION COS 573 WAS TRACT A UNIVERSITY APARTMENTS $165.30 $3.31 $168.61
RGG51105 WIEDER, BRIAN H 1213 BUCKRAKE AVE 59718 SOUTH MEADOWS CONDO PHASE 6 UNIT 42 SOUTH MEADOWS MINOR 294 $327.59 $6.55 $334.14
RGG51107 HIRSCH, THOMAS S PO BOX 546 98395 SOUTH MEADOWS CONDO PHASE 6 UNIT 44 SOUTH MEADOWS MINOR 294 $350.30 $7.01 $357.31RGG51226POLACEK, CHERYL 3401 FALLON ST UNIT 1D 59718 WEST PARK CONDOS UNIT 1D 3401 FALLON UNIT 1A BLDG 2 PARK PLAZA LOT 1 BLK 2 $72.37 $1.45 $73.82
RGG51235 FLODING, STEVE & RONELL 6 DIAMONDBACK CT 59634 WEST PARK CONDOS UNIT 1A 3409 FALLON ST - BLDG 3 PARKWAY PLAZA SUB LOT 1 BLK 2 $72.37 $1.45 $73.82
RGG51309 SAUNDERS, DENTON PO BOX 9742 83002 WINGFOOT CONDOS UNIT C WEST PARK ADD LOT 4-6 BLK 8 $135.97 $2.72 $138.69RGG51354MARTIN LAND LLC PO BOX 1167 59771 CARDINAL CONDOS UNIT 3 VALLEY WEST PH 2 LOTS 43-50A $181.15 $3.62 $184.77
RGG51432 HAUGEN, PAUL & JANICE 2316 W BEALL ST UNIT 1 59718 LESSLEY ESTATES CONDOS UNIT 7 2316 W BEALL ST UNIT 1 COS 1855A TRACT 2A-LESSLEY $292.75 $5.86 $298.61
RGG51494 MOSDAL, TESSA PO BOX 6245 59771 ELLIE 52-53 CONDOS UNIT 1A VALLEY WEST SUBDIVISION PHASE 1B LOT 61 BLOCK 1 $141.97 $2.84 $144.81RGG51499OLNEY, TRACY & TROY 4242 MONROE ST UNIT A 59718 ELLIE 52-53 CONDOS UNIT 1F VALLEY WEST SUBDIVISION PHASE 1B LOT 61 BLOCK 1 $141.97 $2.84 $144.81
RGG51507 CASAGRANDA, SCOTT & DEBI 3238 SUMMERSET DR 59715 ALDER CREEK SUB PH2 LOT13 BLK6 $335.74 $6.71 $342.45
RGG5151 DIERUF, IVAN Q 209 HENDERSON ST 59715 GRAFS 3RD ADDITION LOT 6 BLOCK 2 $457.06 $9.14 $466.20RGG51589BIBEAU, JACQUELINE & NORMAN PAGE 22 MATHEW BIRD CIR 59715 WEST MEADOW SUB PH3 LOT81 $428.23 $8.56 $436.79
RGG5161 TATE, FORREST PAXTON PO BOX 4027 59772 KARPS LOTS 8-9 BLOCK 5 $543.26 $10.87 $554.13
RGG51613 CARISCH, GERALD F & JULIE M GF & JM CARISCH TRUSTS 478 MATHEW BIRD CIR 59715 WEST MEADOW SUB PH3 LOT105 $392.09 $7.84 $399.93RGG51645HARMON, LAURA G & PATRICK J 3540 JERICHO DR 32707 WEST MEADOW SUB PH3 LOT137 $398.54 $7.97 $406.51
RGG5178 KJELDSEN, HOLLY & RASMUS 1055 SE 223RD AVE 97030 CORCORAN'S REARRANGED LOT 8 BLOCK 6 $377.56 $7.55 $385.11
RGG51792 BUSS JR, RONALD 1095 ADVANCE DR 59718 LOYAL GARDENS SUBD PH 1B BLOCK 9 LOT 5 $184.65 $3.69 $188.34RGG52209SUZIO, STEVEN FRANK ROXANN IRENE SUZIO TRUSTEES 2242 BAXTER LN UNIT 1A 59718 BSC CONDOS BLDG A UNIT 1 MINOR 362 LOT A $107.22 $2.14 $109.36
RGG5236 GALLATIN COUNTY 311 W MAIN ST RM 304 59715 TR IN SW4SW4 60' X 131.73'.172 ACRES ROAD TO 15TH FROM L & J PROP $67.84 $1.36 $69.20
Page 6
332
Delinquent Certification 060823
RGG5237 GALLATIN COUNTY 311 W MAIN ST RM 304 59715 DETENTION CENTER PARCEL B COS 691 3 ACRES $1,183.21 $23.66 $1,206.87RGG5238DONAHOE, PATRICK M 613 S 6TH AVE 59715 PARK LOTS 7-8 BLOCK 41 $226.36 $4.53 $230.89
RGG52614 SAGER, SHARON 1603 GALE CT 59718 WEST WINDS SUB PUD PH1 LOT8 BLK5 $374.07 $7.48 $381.55
RGG52622 VAN DYKE, JAMIE R 426 ROWLAND RD 59718 WEST WINDS SUB PUD PH1 LOT2 BLK6 $370.33 $7.41 $377.74RGG52633HIXSON JR, RICHARD S 1542 NW SPRING ST 97365 WEST WINDS SUB PUD PH1 LOT9B BLK6 $161.44 $3.23 $164.67
RGG53205 BOLT, CLATE A & KARI L 995 MEAGHER AVE 59718 OAK SPRINGS SUB PH1 LOT1 BLK12 $285.99 $5.72 $291.71
RGG53234 HERTZOG, BLAKE 3683 LADUKE ST 59718 OAK SPRINGS SUB PH1 LOT8 BLK20 $132.78 $2.66 $135.44RGG53243BRAUER, KARLA & FREDERICK E 2632 GELDING LN 94551 OAK SPRINGS SUB PH1 LOT17 BLK20 $132.87 $2.66 $135.53
RGG53359 CLARK, SPENCER W AMANDA MILLER 279 MAGDALENE WAY UNIT B 59718 BEACON POINT CONDOS BLDG 2 UNIT 5-279 MAGDALENE WAY BABCOCK MEADOWS PH 2B LOT 62 $173.50 $3.47 $176.97
RGG53375 SCHMIDT, BRANDON 311 MAGDALENE WAY UNIT A 59718 BEACON POINT CONDOS UNIT 22 BABCOCK MEADOWS PH2B LOT 62 $193.03 $3.86 $196.89RGG53498SINNEMA, LYNNE D & RON 398 STILLWATER CREEK DR 59718 COTTONWOOD CONDOS PH1 #9 $282.72 $5.65 $288.37
RGG53610 DAVEY, CARLOS & AMBER 3123 BEN HOGAN PL 59106 COURTYARD CONDOS UNIT 285-3 VALLEY WEST PH 2 LOTS 48 & 51 $137.42 $2.75 $140.17
RGG53626 BIG IRON PROPERTIES LLC 16 NEWTON AVE 59230 GOLDENHILLS CONDOS UNIT D LAUREL GLEN PH 1 LOT 4 BLCK 11 $121.40 $2.43 $123.83RGG53728GRIFFIN, DAVID & MARY 6302 13TH ST N 58102 PRAIRIE VIEW CONDOS UNIT 8 957 FORESTGLEN DR UNIT D LAUREL GLEN PH 1 LOTS 8 & 9 $118.56 $2.37 $120.93
RGG53737 BIG IRON PROPERTIES LLC 16 NEWTON AVE 59230 RED TAIL MEADOWS CNDS UNIT 4 LAUREL GELN PH1 LOT 1 BLK 18 $152.46 $3.05 $155.51
RGG53750 VALLEZ, ANTHONY 15888 W MONTEREY LN 93630 RED TAIL MEADOWS CNDS UNIT 17 LAUREL GLEN PH1 LOT 1 BLK 18 $152.46 $3.05 $155.51RGG53751KAPPES, JAMES ALAN KAPFAM5 PROPERTY TRST 16545 4S RANCH PKWY 92127 RED TAIL MEADOWS CNDS UNIT 18 LAUREL GELN PH1 LOT 1 BLK 18 $152.46 $3.05 $155.51
RGG53782 JULIAR, KRISTIN 3300 GRAF ST UNIT 53 59715 SOUTH MEADOWS CONDO PHASE 8 UNIT 53 SOUTH MEADOWS MINOR 294 $334.50 $6.69 $341.19
RGG54309 THANE, JAY K 4216 BENEPE ST 59718 VALLEY WEST SUBDIVISION PH3A LOT193 $197.85 $3.96 $201.81
RGG54372 MULLEN, AMY & JANES MACDONALD 332 KIMBALL AVE 59718 VALLEY WEST SUBDIVISION PH3A LOT215C $173.11 $3.46 $176.57RGG54386HEATH, TODD & EMBER 327 N FERGUSON AVE 59718 VALLEY WEST SUBDIVISION PH3A LOT218C $163.50 $3.27 $166.77
RGG54622 KIEDROWSKI, MICHAEL W &JULIE F 960 PIN AVE 59718 OAK SPRINGS SUBDIVISION PH2 LOT7 BLK12 $205.23 $4.10 $209.33
RGG54631 ANTHON, MAXIMILLIAN & JENNIFER 1134 YELLOWSTONE AVE 59718 OAK SPRINGS SUBDIVISON PH2 LOT15 BLK17 $269.38 $5.39 $274.77RGG54676HICKEY, AARON P 3830 CLAIREMONT DR 92117 OAK SPRINGS SUBDIVISION PH2 LOT5 BLK13 $282.40 $5.65 $288.05
RGG54679 GREG MONTANA LLC 3637 BLACK ROCK RD 21155 OAK SPRINGS SUBDIVISION PH2 LOT8 BLK13 $225.76 $4.52 $230.28
RGG54695 CAMDEN PROPERTY GROUP LLC 812 SE 136TH AVE UNIT 28 98683 OAK SPRINGS SUBDIVISION PH2 LOT17 BLK10 $121.29 $2.43 $123.72RGG54696JEZAK, MICHAEL 3772 PALM ST 59718 OAK SPRINGS SUBDIVISION PH2 LOT16 BLK10 $237.81 $4.76 $242.57
RGG54710 CLAPPER, ANDREW & SANRA LOUISE 1125 BROOKDALE DR 59715 ALDER CREEK SUBDIVISON PH3 LOT3 BLK19 PLUS OPEN SPACE $448.07 $8.96 $457.03
RGG54720 HALL, JEFFREY W & PENNY L JOHNSON 1048 BROOKDALE DR 59715 ALDER CREEK SUBDIVISON PH3 LOT3 BLK11 PLUS OPEN SPACE $416.21 $8.32 $424.53RGG54746KB REAL PROPERTY HOLDINGS LLC 577 BLACK BULL TRL 59718 ALDER CREEK SUBDIVISON PH 3 LOT 3 BLK 13 PLUS OPEN SPACE $440.26 $8.81 $449.07
RGG5482 KAAUAMO, MARILYN FIXMER 207 S 10TH AVE 59715 WEST PARK LOTS 3-5 BLOCK 7 $298.80 $5.98 $304.78
RGG55121 SADDLE PEAK INVESTMENTS LLC PO BOX 1858 59771 FLANDERS CREEK SUB LOT 2 BLK 5 $719.71 $14.39 $734.10RGG55122SADDLE PEAK INVESTMENTS LLC PO BOX 1858 59771 FLANDERS CREEK SUB LOT 1 BLK 5 $792.15 $15.84 $807.99
RGG55124 SADDLE PEAK INVESTMENTS LLC PO BOX 1858 59771 FLANDERS CREEK SUB LOT 2A BLOCK 6 PLUS COMMON OPEN SPACE $829.54 $16.59 $846.13
RGG55125 SADDLE PEAK INVESTMENTS LLC PO BOX 1858 59771 FLANDERS CREEK SUB LOT 1A BLOCK 6 PLUS COMMON OPEN SPACE $800.76 $16.02 $816.78RGG55184HOBART III, EDWARD D CASSIE SPICHER 3731 EQUESTRIAN LN 59718 FLANDERS CREEK SUB LT 8B BLK 4 PLUS COMMON OPEN SPACE $238.16 $4.76 $242.92
RGG55187 GRAVES-KEMPTON, BARBARA J 945 N COTTONWOOD RD 59718 FLANDERS CREEK SUB LT 7A BLK 4 PLUS COMMON OPEN SPACE $184.18 $3.68 $187.86
RGG55200 SCHMITT, LEONARD E & ROBYN L LE & RL SCHMITT REV TRUSTS 890 FLANDERS CREEK AVE 59718 FLANDERS CREEK SUB LT 14 BLK 3 PLUS COMMON OPEN SPACE $315.69 $6.31 $322.00RGG55318RASCH, JEFFREY & JEANNIE KORN 4525 PERRY ST 59718 VALLEY WEST SUB PHASE 3C LOT 94 $332.10 $6.64 $338.74
RGG55326 RANDASH, CHAD E & RACHEL D 4534 PERRY ST 59718 VALLEY WEST SUB PHASE 3C LOT 103 $467.68 $9.35 $477.03
RGG55327 MCMILIN, ROSS A 4558 PERRY ST UNIT B 59718 VALLEY WEST SUB PHASE 3C LOT 102 $353.15 $7.06 $360.21RGG55328BOSCO HITCH LLP 4558 PERRY ST UNIT B 59718 VALLEY WEST SUB PHASE 3C LOT 101 $353.02 $7.06 $360.08
RGG55339 KAPPES, JAMES ALAN KAPFAM5 PROPERTY TRST 16545 4S RANCH PKWY 92127 VALLEY WEST SUB PHASE 3C LOT 11 $197.85 $3.96 $201.81
RGG55449 BROOKS & CLARK HOLDINGS PO BOX 204 59041 BLUE SPRUCE CONDOS UNIT 894B LAUREL GLEN PH1 LOT 1 & 2 BLOCK 7 $186.16 $3.72 $189.88
RGG5560 POMMER, JOHN V & JANE B 605 PINE ST 80302 GLENDALE NORTH 82' OF LOTS 8-9 BLOCK 24 $219.63 $4.39 $224.02RGG55692TOMLINSON, JOHN 4689 BEMBRICK ST UNIT 1C 59718 BRONZELEAF CONDOS UNIT 1C 4689 BEMBRICK ST COS 985 TRACT 1 $110.84 $2.22 $113.06
RGG5576 HITCHCOCK, DANIEL & JULIE 19 LARIAT LP 59715 1RACYS 2 W20' LOT 7 ALL LOTS 8-9 BLOCK D $385.34 $7.71 $393.05
RGG55768 KENNEY, JOHN W & MAXINE P 4256 COVER ST UNIT A 59718 BRECKEN PLACE CONDOS UNIT 32A $109.69 $2.19 $111.88RGG55869WENDELL, DANIEL E & EVA M 14 BOZEMAN TRAIL RD 59715 KAGY VILLAGE CONDOS PH 1 BLDG C UNIT C1 KAGY CROSSROADS SUB LOTS 1-3 $281.56 $5.63 $287.19
RGG55890 HYDE, BRETT W 2011 SUMMIT DR 59730 MALLARD CREEK CONDOS UNIT D LARUEL GLEN PH 1 LOT 2 BLK 11 $119.27 $2.39 $121.66
RGG55984 DIEKMAN, JAN & MARK CARMICHAEL 637 WESTGATE AVE UNIT B 59718 WHISTLER CONDOS UNIT B LAUREL GLEN PH 1 LOT 3 BLK 11 $120.32 $2.41 $122.73RGG56366LEXIA LLC 3805 VALLEY COMMONS DR UNIT 11 59718 VALLEY PROFESSIONAL CENTER CONDO BUILING 2 UNIT 11 VALLEY COMMONS BUSINESS PARK $227.20 $4.54 $231.74
RGG5637 HIGH TOP HOLDING LLC 108 N 11TH AVE UNITE 2 59715 SPRINGBROOK LOTS 13-18 BLOCK 5 PROFESSIONAL ARTS CONDO UNIT 2 $125.10 $2.50 $127.60
RGG56441 WARNER JR, LARRY K & TANYA 1754 SANTA ANA CT 59718 WEST WINDS PH 2A & 2B LOT 8 BLK 1 $256.97 $5.14 $262.11RGG56457LI, YOUNGXIN & BINGJU WANG 1869 BUCKRAKE AVE 59718 WEST WINDS PH 2A & 2B LOT 17A BLK 1 $125.86 $2.52 $128.38
RGG56480 STOTT, JOHN CORY 812 SE 136TH AVE UNIT 28 98683 WEST WINDS PH 2A & 2B LOT 6B-2 BLK 3 $288.69 $5.77 $294.46
RGG56498 HOWARD, MARY 2781 TRADE WIND LN 59718 WEST WINDS PH 2A & 2B LOT 2 BLK 4 $185.09 $3.70 $188.79RGG56509MCMINDES, KEVIN M 1578 HUNTERS WAY 59718 WEST WINDS PH 2A & 2B LOT 3B BLK 5 $133.26 $2.67 $135.93
RGG56567 RANDOLPH PROPERTIES LLC 208 N 11TH AVE 59715 BOZEMAN GATEWAY SUB PH 3 LOT 4 BLK 7 $1,112.55 $22.25 $1,134.80
RGG5662 SAAB, VICTORIA A 811 S 3RD AVE 59715 CAPITOL HILL SOUTH 1/2 OF LOT 5, ALL LOT 6, NORTH 1/2 OF LOT 7 BLOCK 1 $217.30 $4.35 $221.65RGG56646KREZMINSKI, STEVEN & NATALIE 3328 PARKWAY AVE 59718 MEADOW CREEK SUB PHASE 1 LOT 19 BLK 7 $416.57 $8.33 $424.90
RGG56658 LANDER, JOSHUA JAMIE BARTLETT 3461 PARKWAY AVE 59718 MEADOW CREEK SUB PH 1 LOT 8 BLK 9 $367.38 $7.35 $374.73
RGG56670 SHARP, SCOTT E 3315 S 27TH AVE 59718 MEADOW CREEK SUB PH 1 LOT 2 BLK 10 $393.00 $7.86 $400.86RGG56671BUELL, KAE LYNN 3333 S 27TH AVE 59718 MEADOW CREEK SUB PHASE 1 LOT 3 BLK 10 $449.17 $8.98 $458.15
RGG56691 LETMAN, MARK D & EILEEN X CHANG 2603 SAN ANTONIO DR 94598 MEADOW CREEK SUB PHASE 1 LOT 23 BLK 10 $187.07 $3.74 $190.81
RGG56717 WONG, JANALYNN SK 6029 BLACKWOOD RD 59718 MEADOW CREEK SUB PHASE 1 LOT 7 BLK 12 $460.22 $9.20 $469.42RGG5672KASPER, KARL D & DEBORAH G 221 S 6TH AVE 59715 PARK LOTS 11-12 BLOCK 11 $226.36 $4.53 $230.89
RGG56799 IMTB PROPERTIES LLC 22120 CLARENDON ST 91367 LAUREL GLEN PHASE 2 BLK 19 LOT 1 BLDG 2 $879.41 $17.59 $897.00
Page 7
333
Delinquent Certification 060823
RGG5695 DAVIS, MARGARET C 420 N 9TH AVE 59715 GRAF'S 3RD REARRANGAED LOT 19 BLOCK C KIRK'S 2ND BLOCK 6 $450.33 $9.01 $459.34RGG56962DOIL, TYLER R & HANNA S 342 CHRISTOPHER WAY 59718 FOWLER PLACE SUB LOT 32 BLK 1 $181.10 $3.62 $184.72
RGG56975 VAUGHAN, TERRY J 320 FOWLER AVE 59718 FOWLER PLACE SUB LOT 10 BLK 2 $211.88 $4.24 $216.12
RGG56976 AAFEDT, ANNE 108 KOCH PEAK CT 59718 FOWLER PLACE SUB LOT 11 BLK 2 $211.88 $4.24 $216.12RGG5781NEWMAN, LARRY J 1107 S 5TH AVE 59715 CAPITOL HILL LOTS 3-5 BLOCK 30 $455.06 $9.10 $464.16
RGG58010 BURNSIDE, STEPHEN & REBECCA 3285 OAK KNOLL DR 93446 CRYSTAL MORNING CONDOS #812A TRADITIONS SUB PHASE 1 LOT 5 BLK 3 $162.41 $3.25 $165.66
RGG58017 WEBSTER, KATHRYN LEE 882 ROSA WAY 59718 TRADITIONS SUB PHASE 1 LOT 8B BLK 3 PLUS OPEN SPACE $183.91 $3.68 $187.59RGG58020LIVING THE DREAM PROP LLC 507 SWEETGRASS AVE 59718 TRADITIONS SUB PHASE 1 LOT 7A BLK 3 PLUS OPEN SPACE $183.91 $3.68 $187.59
RGG58071 OAK SPRINGS COMMUNITY ASSOC PO BOX 4786 59772 1AK SPRINGS PH 3 PRIVATE OPEN SPACE #3 $292.61 $5.85 $298.46
RGG58103 JAMES, SAMUEL 3889 POTOSI ST 59718 OAK SPRINGS SUBD PHA 3 BLK 8 LOT 6 $211.14 $4.22 $215.36RGG5811BLUNCK, KIRSTEN & KURT J & DEBORAH ALEXANDER 202 W GRAF ST 59715 GRAFS 3RD ADDITION LOT 2 BLOCK 5 $488.17 $9.76 $497.93
RGG58127 DAUGHERTY, STEVEN THOMAS JANESSA JOSELLE DAUGHERTY 837 JARDINE AVE 59718 OAK SPRINGS SUBD PHA 3 BLK 3 LOT 17 $212.78 $4.26 $217.04
RGG58150 HOLDORF, SAMANTHA D 3646 POTOSI ST 59718 OAK SPRINGS SUBD PHA 3 BLK 5 LOT 27 $128.27 $2.57 $130.84RGG5818NGUYEN, KHANH & TUYET LE 7001 JACKRABBIT LN STE D 59714 KIRKS 1ST LOT 6 BLOCK 2 $366.71 $7.33 $374.04
RGG58275 AVERILL, KENT 1231 CRABAPPLE DR 59715 OAK MEADOWS SUBDIVISION LOT 3 BLK 2 PLUS OPEN SPACE $129.42 $2.59 $132.01
RGG5839 MOUNTAIN TIME PROPERTIES LLC 409 S 5TH AVE 59715 PARK EAST 46.66' LOTS 1-4 BLOCK 31 $169.00 $3.38 $172.38RGG58417BOZEMAN PROPERTY OWNER LLC 1999 CIRCLE DR 44106 COS 1256 TRACT 1 14.428 ACRES REMAINDER OF TR 1 $543.26 $10.87 $554.13
RGG58447 RODERICK, KIM I & STEVE TANNER RODERICK 825 ADVANCE DR 59718 LOYAL GARDENS SUB PH 1A LOT 2 BLK 8 $184.65 $3.69 $188.34
RGG58460 PILIER LLC PO BOX 1805 59771 LOYAL GARDENS SUB PH 1A LOT 1 BLK 4 $284.16 $5.68 $289.84
RGG58524 MCCULLOUGH, ASHLEY 2420 ATSINA LN 59715 VALLEY WEST SUBDIVISION PH 3D LOT 24B OF AMENDED PLAT $208.88 $4.18 $213.06RGG58566GIAMANCO, ELIZABETH A 593 CLIFDEN DR 59718 VALLEY WEST SUBDIVISION PH 3D LOT 42 $341.90 $6.84 $348.74
RGG58788 BROWNING, TRICIA 1124 LONGBOW LN #1F 59718 AIDAN I PLACE CONDOS UNIT 1F LAUREL GLEN PH 2 LOT 1 BLK 18 BLDG 1 $129.09 $2.58 $131.67
RGG58792 AMAN, TIMOTHY 1120 LONGBOW LN UNIT B 59718 AIDAN I PLACE CONDOS UNIT 2B LAUREL GLEN PH 2 LOT 1 BLK 18 BLDG 2 $129.09 $2.58 $131.67RGG58815SHARKEY, SCOTT R & CHRISTINA M 1096 LONGBOW LN UNIT B 59718 AIDAN II PLACE CONDOS UNIT 2B LAUREL GLEN PH 2 LOT 2 BLK 18 BLDG 2 $128.50 $2.57 $131.07
RGG5904 1602 W BEALL ST LLC 1001 S MAIN ST STE 49 59901 KIRKS 2ND SUBDIVISION LOT 3 EAST 115' OF LOT 2 $551.41 $11.03 $562.44
RGG5910 REIDY, MICHAEL S 221 S 10TH AVE 59715 WEST PARK LOTS 11-12 BLOCK 7 $199.21 $3.98 $203.19RGG59391ADVANCED REAL ESTATE LLC 4265 FALLON ST STE 1 59718 EYETOOTH CONDOS UNIT 1 PLUS COMMON SPACE RIDGE ATHLETIC CLUB SUBDIVSION $625.26 $12.51 $637.77
RGG5946 RESOP, RYAN 1208 WOODLAND DR 59718 CHEQUAMEGON VILLAGE SUBDIVISION LOT 20 $105.29 $2.11 $107.40
RGG59484 CARPENTER, CHAD & KRISTINE 4805 FOOTHILL RD 59701 WHITE MOUNTAIN CONDOS #1132A LAUREL GLEN LOTS 2,3,4 & 13 BLOCK 16 $209.37 $4.19 $213.56RGG59487MADDEN, ERIKA L 677 WESTGATE AVE UNIT B 59718 SWEET PEA CONDOS UNIT B LAUREL GLEN PH 1 LOT 1 BLK 11 $131.32 $2.63 $133.95
RGG59493 DEAGLE, TAMARA J & MARK K PO BOX 4657 83340 OAK SPRINGS SUBD PH 4 BLK 5 LOT 3 $128.64 $2.57 $131.21
RGG59501 GOODMAN, DAN W 3751 PIPESTONE ST 59718 OAK SPRINGS SUBD PH 4 BLK 5 LOT 11 $128.64 $2.57 $131.21RGG59618STRATTON, STEPHANIE 2225 52ND ST 97439 TBP CONDOS UNIT 308 BLDG 1 MINOR SUB 340 LOT 1 $72.52 $1.45 $73.97
RGG59663 ADVANCE III LLC 19630 SKY OAKS WAY 95030 LOYAL GARDENS SUBD PH 1B BLOCK 9 LOT 7 $184.65 $3.69 $188.34
RGG59672 HUMPHREY, MONA 2705 LILY DR 59718 LOYAL GARDENS SUBD PH 1B BLOCK 4 LOT 18 $346.82 $6.94 $353.76RGG59762PARRY, TAMARA TOWERS 4401 SW HUDSON 98116 LOYAL GARDENS SUBD PH 1B BLOCK 10 LOT 9 $362.70 $7.25 $369.95
RGG59773 JRSR PROPERTIES LLC 7942 E CALLE ROSA 85750 ALDER CREEK SUBDIVISION PH 4 BLOCK 17 LOT 19 $298.85 $5.98 $304.83
RGG59820 STEVEN S BECKETT REV TRUST 663 BALFOUR STREET 48230 ALDER CREEK SUBDIVISION PH 4 BLOCK 15 LOT 3 $143.45 $2.87 $146.32RGG59843FINCH, AUSTIN W 3192 S 15TH AVE 59715 ALDER CREEK SUBDIVISION PH 5 BLOCK 15 LOT 21 $143.75 $2.88 $146.63
RGG59849 BAUER, ROBERT C 3152 S 15TH AVE 59715 ALDER CREEK SUBDIVISION PH 5 BLOCK 15 LOT 27 $187.31 $3.75 $191.06
RGG59855 LAUREN E STEPHENS TRUST 3130 S 15TH AVE 59715 ALDER CREEK SUBDIVISION PH 5 BLOCK 15 LOT 33 $145.93 $2.92 $148.85RGG59856STEPHENS, DEBRA & DALIO 3124 S 15TH AVE 59715 ALDER CREEK SUBDIVISION PH 5 BLOCK 15 LOT 34 $146.09 $2.92 $149.01
RGG59941 MAK RENTALS LLC 9083 ST JOE RD 59501 FULL SAIL CONDOS UNIT 809 DURSTONS TRACT 14C KIBBEY PLAZA SUBDIVISION $543.26 $10.87 $554.13
RGG59942 MCINTOSH, ALEC & KAREN C/O WITT & ASSOC PO BOX 1273 59771 FULL SAIL CONDOS UNIT 811 DURSTONS TRACT 14C KIBBEY PLAZA SUBDIVISION $543.26 $10.87 $554.13
RGG5997 POMEROY, DERIK & I-HO 323 W MAIN ST 59715 TRACYS LOTS 10-11 BLOCK D $302.60 $6.05 $308.65RGG60241PEARSON, DREW A 4016 TANZANITE DR 59718 DIAMOND ESTATES SUBD 2 PH 2 BLK 3 LOT 8 PLUS OPEN SPACE $309.23 $6.18 $315.41
RGG60929 CLUBB, JAMES D 3530 LOLO WAY 59718 BAXTER MEADOWS SUBD PH 4A BLOCK 3 LOT 8 $217.30 $4.35 $221.65
RGG61539 HUTCHINS, CAROLEE A 870 MEAGHER AVE UNIT B 59718 E & K CONDOS UNIT B OAK SPRINGS SUB PH1 LOT7 BLK6 $213.80 $4.28 $218.08RGG61634MILLER, MARK 1140 18TH AVE APT 3 98122 YUCAIPA RIDGE CONDOS UNIT E VALLEY WEST PH 3D LOT 235 $129.08 $2.58 $131.66
RGG61968 ADVANCED REAL ESTATE LLC 4265 FALLON ST STE 1 59718 EYETOOTH CONDOS UNIT 3 PLUS COMMON SPACE RIDGE ATHLETIC CLUB SUBDIVSION $229.59 $4.59 $234.18
RGG62020 ANDERSON, JOYCE M & CHERYL L LUDFORD 3089 AUTUMN GROVE ST 59718 WEST WINDS PH 5 LOT 5 BLK 1 $219.99 $4.40 $224.39RGG6241KOYPER GROUP LLC PO BOX 505 04217 FIGGINS LOT 13 BLOCK 1 $297.64 $5.95 $303.59
RGG62499 WILLIAMS, JANIS LEE TRUST C/0 JAN WILLIAMS 277 STILLWATER CREEK DR 59718 COTTONWOOD CONDOS PH5A #51 $285.28 $5.71 $290.99
RGG63066 FERNANDES, BETHANY & PATRICK 228 S COTTONWOOD RD UNIT 102 59718 TBP CONDOS UNIT 102 BLDG 1 MINOR SUB 340 LOT 2 $72.52 $1.45 $73.97RGG63080BLACK, CHRISTOPHER PO BOX 2092 81621 TBP CONDOS UNIT 204 BLDG 1 MINOR SUB 340 LOT 2 $72.52 $1.45 $73.97
RGG6311 BARBER, PAUL A 25 S 100 E 84332 WEST PARK LOTS 1-3 BLOCK 23 $298.80 $5.98 $304.78
RGG63516 230 WATER LILY LLC 837 HENLEY PL 28207 NORTON EAST RANCH SUBD PH1 BLK 2 LOT 2 $693.23 $13.86 $707.09RGG63517350 WATER LILY LLC 837 HENLEY PL 28207 NORTON EAST RANCE SUB PH 1 BLK 3 LOT 1 $700.47 $14.01 $714.48
RGG63540 KOTTAL, SHELBY L PO BOX 1730 59729 NORTON EAST RANCH SUBD PH1 BLK 6 LOT 6 $164.12 $3.28 $167.40
RGG6363 WOLFE, THOMAS W & MARY ELLEN 420 W CURTISS ST 59715 PARK 50' W OF E40' LOTS 19-24 BLOCK 16 $253.52 $5.07 $258.59RGG63655MOSS, TIMOTHY JAY & MIRANDA S 3555 ANNIE ST 59718 COTTAGE PARK LANE CONDOS UNIT 30 ANNIE STREET COTTAGES $211.19 $4.22 $215.41
RGG63728 WERSLAND, KENNY M & DEBORAH J C/O WARREN LEVANG PO BOX 20385 59104 SUNLIGHT CONDO UNIT 18 FOWLER SUB TR 1-4 $254.03 $5.08 $259.11
RGG6418 STORY DISTRIBUTING INC 300 E GRIFFIN DR 59715 SUBDIVISION 109 LOT 4 WESTLAKE WESTLAKE'S 3RD - MINOR ANNEXATION TRACT 1 $738.32 $14.77 $753.09RGG65156PETERSON, WILLIAM R & DIANNE P 2173 SOUTHBRIDGE DR 59718 SOUTHBRIDGE SUB PH 1 LOT 14 BLK 2 $351.11 $7.02 $358.13
RGG6528 CHLEBECK, DONALD PO BOX 709 59759 WEST SIDE W69' LOTS 4-6 BLOCK 1 $228.68 $4.57 $233.25
RGG6529 POWELL-PALM, NATHANIEL 1219 W KOCH ST 59715 WERRE'S REARR S110' LOT 25 BLOCK 7 $330.66 $6.61 $337.27RGG65560NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 BSC CONDOS UNIT I1 LOT A MINOR #362 PORT TR 2 COS 1256 $107.22 $2.14 $109.36
RGG65561 NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 BSC CONDOS UNIT I2 LOT A MINOR #362 PORT TR 2 COS 1256 $107.22 $2.14 $109.36
Page 8
334
Delinquent Certification 060823
RGG65562 NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 BSC CONDOS UNIT I3 LOT A MINOR #362 PORT TR 2 COS 1256 $107.22 $2.14 $109.36RGG65563NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 BSC CONDOS UNIT I4 LOT A MINOR #362 PORT TR 2 COS 1256 $107.22 $2.14 $109.36
RGG65564 NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 BSC CONDOS UNIT I5 LOT A MINOR #362 PORT TR 2 COS 1256 $107.22 $2.14 $109.36
RGG65565 NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 BSC CONDOS UNIT I6 LOT A MINOR #362 PORT TR 2 COS 1256 $107.22 $2.14 $109.36RGG65566NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 BSC CONDOS UNIT I7 LOT A MINOR #362 PORT TR 2 COS 1256 $107.22 $2.14 $109.36
RGG65567 NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 BSC CONDOS UNIT I8 LOT A MINOR #362 PORT TR 2 COS 1256 $107.22 $2.14 $109.36
RGG65568 NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 BSC CONDOS UNIT I9 LOT A MINOR #362 PORT TR 2 COS 1256 $107.22 $2.14 $109.36RGG65569NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 BSC CONDOS UNIT I10 LOT A MINOR #362 PORT TR 2 COS 1256 $107.22 $2.14 $109.36
RGG65570 NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 BSC CONDOS UNIT I11 LOT A MINOR #362 PORT TR 2 COS 1256 $107.22 $2.14 $109.36
RGG65571 NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 BSC CONDOS UNIT I12 LOT A MINOR #362 PORT TR 2 COS 1256 $107.22 $2.14 $109.36RGG6564CRATER MOUNTAIN INVESTMENTS 1906 BLANCA COURT 80538 TRACT 2A AMND SUB PLAT F-1-D (FORMERLY TRACT 2 COS 2096)$543.26 $10.87 $554.13
RGG65685 SHYNE, SUSAN A KIRK GOODALE TRST 2913 70TH AVE SE 98040 COTTONWOOD CONDOS PH9B #80 $281.42 $5.63 $287.05
RGG65727 WINK, CHRISTIAN S 1942 MARIAS LN 59718 THE CROSSING 2 SUBDIVISION LOT 11 BLK 2 $397.46 $7.95 $405.41RGG65756SCHULTE, JACOB H 3391 TSCHACHE LN 59718 THE CROSSING 2 SUBDIVISION LOT 12 BLK 6 $462.27 $9.25 $471.52
RGG65779 BEHLER, PATRICK 3465 MONIDA ST 59718 THE CROSSING 2 SUBDIVISION LOT 11 BLK 7 $352.99 $7.06 $360.05
RGG65782 ALKE, MARY B 3420 MONIDA ST 59718 THE CROSSING 2 SUBDIVISION LOT 3 BLK 8 $414.74 $8.29 $423.03RGG65882HAYNIES, AIGERIM & GONZALEZ JUAN CARLOS MENDOZA 210 S COTTONWOOD RD UNIT 202 59718 TBP CONDOS UNIT 202 BLDG 3 MINOR SUB 340 LOT 2 $72.52 $1.45 $73.97
RGG65887 REHM, KENDRA 210 S COTTONWOOD RD UNIT 207 59718 TBP CONDOS UNIT 207 BLDG 3 MINOR SUB 340 LOT 2 $72.52 $1.45 $73.97
RGG65892 KNUTSON, THERESA L 210 S COTTONWOOD RD UNIT 304 59718 TBP CONDOS UNIT 304 BLDG 3 MINOR SUB 340 LOT 2 $72.52 $1.45 $73.97
RGG65945 AMOS, BRUCE GWILYM NANCY ELLEN WHELAN WHELAN/AMOS 2160 DENNISON LN 59718 SOUTHBRIDGE SUBDIVISION PH 2 LOT 2 BLK 6 $328.82 $6.58 $335.40RGG66206BRAAKSMA, KATHY J 322 PINE CREEK DR 59718 COTTONWOOD CONDOS PH 10 #84 $335.63 $6.71 $342.34
RGG66211 AUTOZONE #6210 PO BOX 2198 DEPT 8088 38101 CVS 19TH & MAIN CONDOS BLDG 3 WEST PARK MANOR LOT 1 & 2A BLK 8 PLAT F-36-H $1,978.78 $39.58 $2,018.36
RGG6626 ROGERS, TIMOTHY L & DIONE M 807 W CURTISS ST 59715 W PARK W48' S15' LOTS 10-12 BLOCK 9 $113.01 $2.26 $115.27RGG66509TH AVENUE HOMES LLC 512 AMSTERDAM BLVD 59714 WEST PARK LOT 5 LESS 6 X 105' NORTHEAST CORNER ALL LOTS 6-8 BLOCK 51 $498.89 $9.98 $508.87
RGG6656 WOODBURN, ROBERT WILLIAM 315 N 9TH AVE 59715 B-P REARR SOUTH 23.2' OF LOT 6 ALL LOT 7 BLOCK 5 $491.98 $9.84 $501.82
RGG66640 THOME, BRADLEY S & LYNNE G 3221 S 26TH AVE 59718 MEADOW CREEK SUBDIVISION PH 1 AMENDED LOTS 8-15 BLK 5 &LOTS 14-18 BLK 9 $256.67 $5.13 $261.80RGG66688MAJORS, JONATHAN BLAKE & ANN M BAIR 3197 TSCHACHE LN 59718 WEST WINDS SUBDIVISION PH 6 BLK 2 LOT 1 7,577 SQ FT PLUS OPEN SPACE $325.57 $6.51 $332.08
RGG6689 GILLICK, DANIEL & HOWARD, VIRGINIA & SUSAN G 4410 VIEW ST 94611 PARK LOTS 23-24 BLOCK 11 $226.36 $4.53 $230.89
RGG6708 YAHWEH PROPERTIES LLC 4 RABEL LN UNIT 562 59730 KIRKS 4TH TRACT 2 REARRANGED LOTS 9-13 BLOCK 1 TRACT 1 COS 451 $434.60 $8.69 $443.29RGG67311GME PROPERTIES LLC PO BOX 4825 59772 THE FERGUSON FARM SUBDIVISION LOT 2 BLOCK 3 PLUS OPEN SPACE $543.26 $10.87 $554.13
RGG67338 CLEMENTICH, NATHAN & LAURA 109 S LAUREL PKWY 59718 NORTON EAST RANCH SUBDIVISION PHASE 3A LOT 1 BLOCK 2 5,694 SQ FT PLUS OPEN SPACE $212.39 $4.25 $216.64
RGG67340 DIEROLF, JEFFERY & TIFFANEY 133 S LAUREL PKWY 59718 NORTON EAST RANCH SUBDIVISION PHASE 3A LOT 3 BLOCK 2 5,694 SQ FT PLUS OPEN SPACE $212.39 $4.25 $216.64RGG67352SPENCER, DAVID J & JESSICA C 3049 ARENDELLE RD 59635 NORTON EAST RANCH SUBDIVISION PHASE 3A LOT 10 BLOCK 4 5,694 SQ FT PLUS OPEN SPACE $212.39 $4.25 $216.64
RGG67359 JOHNSON, HAYLEY & LORRIE & GIANNI FREEO 140 S RELIANCE AVE 59718 NORTON EAST RANCH SUBDIVISION PHASE 3A LOT 3 BLOCK 4 5,694 SQ FT PLUS OPEN SPACE $212.39 $4.25 $216.64
RGG67385 BAKKEN, COURTNEY C 733 HANSON ST 59718 PARTRIDGE DOWNS SUBD PHASE 1A LOT 11 BLOCK 2 5284 SF PLUS OPEN SPACE $201.75 $4.04 $205.79RGG67386PROSPEROUS REAL ESTATE 363 CHRISTOPHER WAY 59718 PARTRIDGE DOWNS SUBD PHASE 1A LOT 12 BLOCK 2 5264 SF PLUS OPEN SPACE $200.98 $4.02 $205.00
RGG67388 SADDLE PEAK INVESTMENTS LLC PO BOX 1858 59771 PARTRIDGE DOWNS SUBD PHASE 1A LOT 1 BLOCK 1 7014 SF PLUS OPEN SPACE $267.82 $5.36 $273.18
RGG67425 KALFELL, JOYLEEN 1033 ROSA WAY 59718 TRADITIONS SUBDIVISION PH 2 LOT 2 BLOCK 2 INDIGO PARK CONDOS UNIT 1033 $143.82 $2.88 $146.70RGG67441HOLIDAY, MARIA E & JUSTIN R SCHMITZ 3453 S 21ST AVE 59718 SOUTHBRIDGE SUBDIVISION PH 4 LOT 8 BLOCK 9 5162 SF PLUS OPEN SPACE $215.68 $4.31 $219.99
RGG67575 VAUGHAN, TERRY 320 FOWLER AVE 59718 FOWLER PLACE SUBDIVISION AMENDED LOT 9 BLOCK 2 NOW LOT 9B $212.41 $4.25 $216.66
RGG67626 BATESON, JOSEPH A & BOBBIE J BATESON FAMILY TRUST 317 VISTA ROYALE DR 92211 COTTONWOOD CONDOS PH13 #108 $335.63 $6.71 $342.34RGG67745MCNULTY, AMY RYAN LORENZ 5467 WESTMORLAND DR 59718 THE LAKES AT VALLEY WEST PH 2 LOT 12 3939 SQ FT PLUS OPEN SPACE $245.72 $4.91 $250.63
RGG67851 NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 THE NEST PUD SUB AT WESTBROOK LOT 2, BLOCK 1 $487.33 $9.75 $497.08
RGG67871 MERCHANT, MUNEER & NAUSHABA 7145 NW 127TH WAY 33076.WESTBROOK SUBDIVISION PH 1 BLOCK 1 LOT 2 7554 SF PLUS OPEN SPACE $284.42 $5.69 $290.11
RGG67897 CASS REAL ESTATE INVESTMENT 3198 SENTINEL DR 59715 WALTON HOMESTEAD SUBDIVISION PHASE II LOT 21 BLOCK 7 UNIT 1 (PLUS COMMON AREA)$302.48 $6.05 $308.53RGG67955HOBART, EDWARD D & CATHERINE A PO BOX 625 82833 LAUREL GLEN SUBDIVISION PH 1V LOT 1 BLK 4 BLDG 4 LAUREL PARK CONDOS UNIT 1 $248.80 $4.98 $253.78
RGG68485 HESSE, KELLY R 870 WINDROW DR 59718 FLANDERS MILL SUBDIVISION PH 1 LOT 12 BLOCK 1 8250 SQ FT PLUS OPEN SPACE $324.61 $6.49 $331.10
RGG68487 DENNEE, JASON M & NATALIE F 857 WINDROW DR 59718 FLANDERS MILL SUBDIVISION PH 1 LOT 10 BLOCK 1 8842 SQ FT PLUS OPEN SPACE $347.95 $6.96 $354.91RGG68518JXM & ASSOCIATES LLC PO BOX 10538 59719 FLANDERS MILL SUBDIVISION PH 1 LOT 8 BLOCK 3 10723 SQ FT PLUS OPEN SPACE $421.93 $8.44 $430.37
RGG68913 JUTILA, CHARLOTTE K 876 SANDERS AVE UNIT D 59718 DIAMOND ESTATES SUB 2 PH 2 LOT1&2 BLK 4 UNIT 876-D UNION PACIFIC CONDOS $189.09 $3.78 $192.87
RGG69093 PHASE 2 LLC PO BOX 895 22066 LOYAL GARDENS SUB PH 1A LOT 11 BLK 1 GOLDEN GATE CONDOS $563.00 $11.26 $574.26RGG69103BASS, WILLIAM 1060 ROSA WAY 59718 TRADITIONS SUBDIVISION PH 2 LOT 20 BLOCK 1 3352 SF $121.40 $2.43 $123.83
RGG69143 REDER, PAUL REDER TRUST PO BOX 1562 89448 STORYS ADDITION TO BOZEMAN LOT 1A BLOCK D OF AMENDED PLAT WILLSON RESIDENCES CONDO #C $66.14 $1.32 $67.46
RGG69147 WILLSON ESTATE LLC PO BOX 713 82833 STORYS ADDITION TO BOZEMAN LOT 1A BLOCK D OF AMENDED PLAT WILLSON RESIDENCES CONDO #G $85.46 $1.71 $87.17RGG69188COYLE, PATRICK & ERICA 14 ASPENWOOD DR 59718 FLANDERS MILL SUBDIVISION PH 2 LOT 3 BLOCK 4 8804 SQ FT PLUS OPEN SPACE $342.60 $6.85 $349.45
RGG69422 PARKHILL, SIDNEY & MARIA F 1841 SPRING VIEW CT 59718 WEST WINDS SUBDIVISION PH 7 LOT 2 BLOCK 1 8000 PLUS OPEN SPACE $347.26 $6.95 $354.21
RGG69466 CHARD, DEBORAH K 3040 TRADE WIND LN 59718 WEST WINDS SUBDIVISION PH 8 LOT 5 BLOCK 2 7370 PLUS OPEN SPACE $397.26 $7.95 $405.21RGG69543HARRINGTON, DENNIS J MARCELLE STEWART HARRINGTON 905 N 5TH AVE 59715 THE LAKES AT VALLEY WEST PH 3 LOT 27 4169 PLUS OPEN SPACE $259.29 $5.19 $264.48
RGG69582 TRUNORTH PROPERTIES LLC 18411 FRONTAGE RD 59714 FLANDERS MILL SUBDIVISION PH 3 LOT 6 BLK 9 8482 PLUS OPEN SPACE $543.31 $10.87 $554.18
RGG69584 JOHNSON, COURTNEY E & SCOTT M 991 AUGER LN 59718 FLANDERS MILL SUBDIVISION PH 3 LOT 8 BLK 9 9605 PLUS OPEN SPACE $557.90 $11.16 $569.06RGG69607INGLE, BRYAN 887 AUGER LN 59718 FLANDERS MILL SUBDIVISION PH 3 LOT 7 BLK 7 9495 PLUS OPEN SPACE $557.73 $11.15 $568.88
RGG69649 ARCHIBALD, MICHAEL N& SHELLEYA ARCHIBALD FAMILY TRUST 5419 MAY FLY ST 59718 NORTON EAST RANCH SUBDIVISION PHASE 3C LOT 15 BLOCK 3 $187.72 $3.75 $191.47
RGG69658 GUGLIELMINO HOLDINGS GROUP 34 SEASPRAY NORTH 92677 NORTON EAST RANCH SUBDIVISION PHASE 3C LOT 1 BLOCK 10 $227.81 $4.56 $232.37RGG69687WALTER, VICTORIA 3285 BREEZE LN 59718 WEST WINDS SUBDIVISON PHASE 5 LOT 1 BLK 3 WINTER PARK WEST CONDO UNIT 13 $295.43 $5.91 $301.34
RGG69695 CHARLO, TYLER J & JOCELYN A DRANGE 1635 NEW HOLLAND DR UNIT A 59718 WEST WINDS SUBIVISION PHASE 5 LOT 1 BLOCK 3 WINTER PARK WEST CONDO UNIT 21 $190.37 $3.81 $194.18
RGG69764 IMTB PROPERTIES LLC 22120 CLARENDON ST 91367 WEST WINDS SUBDIVISION PH 1 BLK 3 LOT 4 BLDG 4 UNIT 2730A $180.05 $3.60 $183.65RGG69765IMTB PROPERTIES LLC 22120 CLARENDON ST 91367 WEST WINDS SUBDIVISION PH 1 BLK 3 LOT 4 BLDG 3 UNIT 2730B $180.05 $3.60 $183.65
RGG69766 IMTB PROPERTIES LLC 22120 CLARENDON ST 91367 WEST WINDS SUBDIVISION PH 1 BLK 3 LOT 4 BROKEN TRAILS CONDO $180.05 $3.60 $183.65
Page 9
335
Delinquent Certification 060823
RGG69767 IMTB PROPERTIES LLC 22120 CLARENDON ST 91367 WEST WINDS SUBDIVISION PH 1 BLK 3 LOT 4 BROKEN TRAILS CONDO $180.05 $3.60 $183.65RGG69800GARRETT, RICHARD & WENDY 20118 59TH ST SE 98290 VLAANDEREN CONDOS UNIT C BLDG 11 FLANDERS CREEK SUB $131.62 $2.63 $134.25
RGG69948 BEYER, TAMMY J 102 E COLLEGE ST UNIT 1 59715 VALLEY MEADOWS SUBDIVISION BLOCK 5 LOT 3D $158.93 $3.18 $162.11
RGG70019 HILL, ANDREW J 815 W CURTISS ST 59715 MEADOW CREEK SUB PHASE 1 BLK 2 LOT 3 TALBACH HOUSE CONDO UNIT 106 $55.93 $1.12 $57.05RGG70129HOLZER, BRETT & MARGARET CLEARY 2406 DURSTON RD 59718 KABLE SUBDIVISION LOT 7A BLOCK 2 $295.36 $5.91 $301.27
RGG70134 CRUZ INGLE, SOPHIE & HAYDEN S INGLE 2288 CHIPSET ST 59715 SOUTHBRIDGE SUBDIVISION PH 6 BLOCK 11 LOT 1 $360.77 $7.22 $367.99
RGG70208 KELLY, MATTHEW JAMES 749 SUMMIT AVE 55105 2LANDERS MILL SUBDIVISION PH 4 BLOCK 12 LOT 4A $188.03 $3.76 $191.79RGG70239COOPER, MATTHEW & LYNZE 1622 RYUN SUN WAY 59718 FLANDERS MILL SUBDIVISION PH 4 BLOCK 15 LOT 5 $402.18 $8.04 $410.22
RGG7050 NEXUS POINT LLC 3661 JAGAR LN 59718 LOT 1 MINOR SUB #235 $5,389.06 $107.78 $5,496.84
RGG70608 YELLOWSTONE THEOLOGICAL INST PO BOX 1347 59771 YELLOWSTONE THEOLOGICAL INSTIT MINOR SUB 494 BLOCK 1 LOT 2 $543.26 $10.87 $554.13RGG70690BLANTON, CALLIE & VINCE 16 TIGHT LOOP DR 59718 FLANDERS MILL SUBDIVISION PH 5 LOT 12 BLOCK 17 $475.31 $9.51 $484.82
RGG70861 REDER, PAUL REDER TRUST PO BOX 1562 89448 NORTON RANCH EAST SUB PH 3B LOT 4 BLOCK 6 PLUS OPEN SPACE $210.93 $4.22 $215.15
RGG7132 REIHMAN, THOMAS & PEGGY LIVING TRUST 3320 SUNDANCE DR 59715 BURONEPE ANNEX TRACT 2 1.03 ACRES $1,629.76 $32.60 $1,662.36RGG7297GALLATIN COUNTY 311 W MAIN ST RM 304 59715 TRACT 3B-1 OF MINOR SUB 400A 97.59 ACRES GALLATIN REGIONAL PARK $20,731.16 $414.62 $21,145.78
RGG7622 GALLATIN COUNTY 311 W MAIN ST RM 304 59715 TRACT 3B-1 OF MINOR SUB 400A 911 CENTER $240.60 $4.81 $245.41
RGG7944 HYALITE VILLAGE INVESTORS LLC PO BOX 908 87504 W1/2 NE1/4 NW1/4 SEC 23 TS2 R5E PMM 20 ACRES $543.26 $10.87 $554.13RGG7988LOTTERMANN, DAGMAR S 5601 BEVERLEYS MILL RD 20137 FOWLER PLACE SUBD LOT 1 BLK 1 $225.78 $4.52 $230.30
RGG81482 HAGENLOCK, PATRICIA L 118 SLOUGH CREEK DR 59718 COTTONWOOD CONDO PH19 #143 $335.63 $6.71 $342.34
RGG81500 CHRISTENSEN, DOUGLAS B NOELLE K BYRNE TRST 250 WHITEFISH DR 59937 FLANDERS MILL SUBDIVISION PH 6 LOT 8 BLK 22 PLUS OPEN SPACE $558.64 $11.17 $569.81
RGG81535 CERVATES, MARIO IVAN 415 N BROADWAY ST 59714 FLANDERS MILL SUBDIVISION PH 6 LOT 13 BLK 21 PLUS OPEN SPACE $517.80 $10.36 $528.16RGG81540MILLS, AARON PO BOX 10568 59719 FLANDERS MILL SUBDIVISION PH 6 LOT 5 BLK 21 PLUS OPEN SPACE $439.47 $8.79 $448.26
RGG81585 DAWSON, NICHOLAS PRESGRAVE 3168 MISTRAL WAY 59718 WEST WINDS SW SUBDIVISION PUD LOT 2 BLOCK 3 $194.41 $3.89 $198.30
RGG81702 ADAMS, ALAN R 617 NIKLES DR STE 201 59715 NORTHBOUND CONDO UNIT 617-101/201 MCCHESNEY IND PARK LOT 16 $118.76 $2.38 $121.14RGG81706SYDNEY 17TH STREET LLC INTERMEDIA 17TH STREET LLC 22120 CLARENDON ST 91367 KMB-SJB CONDO BLDG A HOMESITE SUB $367.57 $7.35 $374.92
RGG81707 SYDNEY 17TH STREET LLC INTERMEDIA 17TH STREET LLC 22120 CLARENDON ST 91367 KMB-SJB CONDOS BLDG B HOMESITE SUB $367.57 $7.35 $374.92
RGG81708 SYDNEY 17TH STREET LLC INTERMEDIA 17TH STREET LLC 22120 CLARENDON ST 91367 KMB-SJB CONDOS BLDG C HOMESITE SUB $367.57 $7.35 $374.92RGG81709SYDNEY 17TH STREET LLC INTERMEDIA 17TH STREET LLC 22120 CLARENDON ST 91367 KMB-SJB CONDOS BLDG D HOMESITE SUB $367.57 $7.35 $374.92
RGG81710 IMTB PROPERTIES LLC 22120 CLARENDON ST 91367 KMB-SJB CONDO COMMERCIAL BLDG PAD SITE HOMESITE SUB $2,205.48 $44.11 $2,249.59
RGG82036 SOUTH ROW SEVEN LLC PO BOX 776210 80477 UNIT 7 SR BLOCK 3 CONDOS MEADOW CREEK SUBDIVISION PH 1 AMENDED LOT 1A $0.42 $0.01 $0.43RGG82040ROBERTSON, THEODORE & CHARLES & ABIGAIL L CROFT 544 ENTERPRISE BLVD UNIT 11 59718 UNIT 11 SR BLOCK 3 CONDOS MEADOW CREEK SUBDIVISION PH 1 AMENDED LOT 1A $127.45 $2.55 $130.00
RGG82287 EKSTROM, JOSEPH E & JODY K 5548 LEIDEN LN 59718 THE LAKES AT VALLEY WEST PH 5A LOT 32 $293.20 $5.86 $299.06
RGG82298 GRIZZLY AVENUE LLC 233 SKIPPER ST 59714 THE LAKES AT VALLEY WEST PH 5A LOT 40 $253.75 $5.08 $258.83RGG82390NAILED IT BUILDERS LLP 3300 MAGENTA RD 59718 FLANDERS MILL SUBDIVISION PH 7 LOT 6 BLOCK 24 $452.68 $9.05 $461.73
RGG82784 JEON, MIN JEE 568 ENTERPRISE BLVD #27 59718 UNIT 27 SR BLOCK 3 CONDOS MEADOW CREEK SUBDIVISION PH 1 AMENDED LOT 1A $127.92 $2.56 $130.48
RGG83045 HANCE, PATRICIA J 1170 BAXTER CREEK WAY #A 59718 CREEKSTONE CONDOS UNIT A BLDG 4 LAUREL GLEN PH 2 LOT 1 BLK 34 $143.82 $2.88 $146.70RGG83177TYSON, MOLLS OOMIS 942 ABIGAIL LN UNIT A 59718 ABIGAIL CONDO UNIT A BLOCK 8 LOT 8 PLUS OPEN SPACE $190.22 $3.80 $194.02
RGG83319 MILLS, AARON PO BOX 10568 59719 BOULDER CREEK SUBD, PHASE 3 LOT 2, BLOCK 2 $380.44 $7.61 $388.05
RGG83399 BRUCE, DANIEL W NOELLE A HARPER 333 HERSTAL WAY 59718 THE LAKES, PHASE 5B LOT 4 $237.90 $4.76 $242.66RGG83402WILSON, BRANDON PO BOX 11950 59719 THE LAKES, PHASE 5B LOT 7 $307.94 $6.16 $314.10
RGG83418 MCQUISTON, CHRISTINA AGNES 40 LOST COVE RD 28787 NORTON RANCH SUB, PHASE 4 LOT 1, BLOCK 12 $135.36 $2.71 $138.07
RGG83490 HAARER, MARK H 5331 DEBOUR LN 59718 LAKES SUBD, PHASE 6 LOT 6 $300.58 $6.01 $306.59RGG83587SKOLNIK, CHRISTINE KEITH GILES 2430 TSCHACHE LN UNIT 303 59718 CENTRE PARK FLATS CONDO BLDG 2 UNIT 303 STONERIDGE SQUARE SUB LOT 9 $89.72 $1.79 $91.51
RGG83697 DENNEHY, KELI 2016 CHIPSET ST UNIT D 59718 GALLATIN RIDGE CONDO UNIT D BLDG 2 LOT 15 BLOCK 12 $142.02 $2.84 $144.86
RGG83899 SUMMIT HOLDING CO LLC 2161 SETWART LP 59718 UNIT 302 SOBO LOFTS CONDOS LOT 1A, BLOCK 3 PARK ADDITION TO BOZEMAN $22.57 $0.45 $23.02
RGG83955 NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 THE NEST PUD SUB AT WESTBROOK LOT 3, BLOCK 1 $553.28 $11.07 $564.35RGG83958INTERMEDIA ROOKERY LLC SYDNEY ROOKERY LLC 22120 CLARENDON ST 91367 THE NEST PUD SUB AT WESTBROOK LOT 2, BLOCK 4 $508.02 $10.16 $518.18
RGG83959 INTERMEDIA ROOKERY LLC SYDNEY ROOKERY LLC 22120 CLARENDON ST 91367 THE NEST PUD SUB AT WESTBROOK LOT 3, BLOCK 4 $508.02 $10.16 $518.18
RGG83960 INTERMEDIA ROOKERY LLC SYDNEY ROOKERY LLC 22120 CLARENDON ST 91367 THE NEST PUD SUB AT WESTBROOK LOT 4, BLOCK 4 $551.48 $11.03 $562.51RGG83961INTERMEDIA ROOKERY LLC SYDNEY ROOKERY LLC 22120 CLARENDON ST 91367 THE NEST PUD SUB AT WESTBROOK LOT 1, BLOCK 3 $379.27 $7.59 $386.86
RGG83962 JTH 746 ROOKERY LLC 25201 DEBRYHILL DR 92653 THE NEST PUD SUB AT WESTBROOK LOT 2, BLOCK 3 $519.93 $10.40 $530.33
RGG83963 JTH 782 ROOKERY LLC 25201 DERBYHILL DR 92653 THE NEST PUD SUB AT WESTBROOK LOT 3, BLOCK 3 $519.93 $10.40 $530.33RGG83965NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 THE NEST PUD SUB AT WESTBROOK LOT 2, BLOCK 2 $546.89 $10.94 $557.83
RGG83966 NELSON, RANDALL G & JEAN M 2619 ST JOHN'S AVE STE E 59102 THE NEST PUD SUB AT WESTBROOK LOT 3, BLOCK 2 $553.19 $11.06 $564.25
RGG84119 BALIAN, DENNIS & JONI PO BOX 1858 59771 PARTRIDGE DOWNS SUBD PHASE 1B LOT 16 BLOCK 2 6882 SF PLUS COMMON OPEN SPACE $262.78 $5.26 $268.04RGG84120BALIAN, DENNIS & JONI PO BOX 1858 59771 PARTRIDGE DOWNS SUBD PHASE 1B LOT 1A BLOCK 2 6792 SF PLUS COMMON OPEN SPACE $259.32 $5.19 $264.51
RGG84170 BOZEMAN APARTMENT GROUP LLC PO BOX 11890 59719 ICON AT FERGUSTON FARM LOT 3A-1 9.894 ACRES $15,608.70 $312.17 $15,920.87
RGG84175 PEACH STREET PROPERTY LLC 2110 SOURDOUGH RD 59715 MONARCH CONDO UNIT 301 SHONKWILERS ADDITION LOT 1-A-2 AMENDED PLAT E-4-B $83.88 $1.68 $85.56RGG84266RAINEY, LUKE & JAMIE 5371 WESTMORLAND DR 59718 ASPEN CROSSING RESIDENTIAL CONDO UNIT 308 $44.34 $0.89 $45.23
RGG84281 M & A ALASKA LLC 177 KUNJE BLVD 59741 ASPEN CROSSING RESIDENTIAL CONDO UNIT 323 $38.44 $0.77 $39.21
RGG8437 OAK SPRINGS COMMUNITY ASSOC PO BOX 4786 59772 OAK SPRINGS PUBLIC PARK #1 3113 SQ FT $60.73 $1.21 $61.94RGG84565JOHNSON-FRIESEN, DORENE 2810 S 29TH AVE 59718 GRAN CIELO SUBD, PHASE 1A LOT 1 BLOCK 10 $292.39 $5.85 $298.24
RGG84567 SKWARCHUK, MARK W & PATRICIA A 2818 S 29TH AVE 59718 GRAN CIELO SUBD, PHASE 1A LOT 3 BLOCK 10 $292.47 $5.85 $298.32
RGG84621 LUCAS, SAMUEL B 2887 W GRAF ST 59718 GC 1 CONDO BLDG 1 UNIT B LOT 1 BLOCK 13 GRAN CIELO SUB $139.38 $2.79 $142.17RGG84749SHANK, SCOT 682 S FURGUSON AVE STE 5 59718 GOLDEN LEAF CONDO UNIT 1175B $262.43 $5.25 $267.68
RGG85033 MCKISSACK, ROBERT E 2440 TSCHACHE LN UNIT 104 59718 CENTRE PARK FLATS CONDO UNIT 104 BLDG 3 STONERIDGE SQUARE SUB LOT 9 $89.72 $1.79 $91.51
RGG85039 SANDERS, BREANNE 2440 TSCHACHE LN UNIT 204 59718 CENTRE PARK FLATS CONDO UNIT 204 BLDG 3 STONERIDGE SQUARE SUB LOT 9 $89.72 $1.79 $91.51RGG85049SCHNORBACH, PETER 2755 W GRAF ST 59718 GRAN CIELO SUBD, PHASE 1 LOT 5, BLOCK 13 GC 1 CONDOS BLDG 4 UNIT A $140.77 $2.82 $143.59
RGG85367 WOLFF, TORY KATERINA STURSOVA-WOLFF 17812 NE 15TH ST 98072 GRAN CIELO SUBD, PHASE 1 LOT 13, BLOCK 6 GC 1 CONDO PH 14 BLDG 6 UNIT A $139.84 $2.80 $142.64
Page 10
336
Delinquent Certification 060823
RGG9205 MEADOW CREEK PARTNERS LLC C/O LANCE LERNER 1627 W MAIN ST #232 59715 COS 2286 LESS MEADOW CREEK SUB PH 1 REMAINDER TRACT $543.26 $10.87 $554.13RGH1191HUNTER, DANIEL M MEGAN M LAWSON TRUSTEE 305 N MONTANA AVE 59715 BEALLS 1ST N 50' N OF S100' OF LOT 1 BLOCK 1 $295.53 $5.91 $301.44
RGH1200 ACG 121 GRAND LLC 2186 E NORRIS ST 19125 TRACYS 2 N 1/2 LOTS 18-20 BLOCK C $212.97 $4.26 $217.23
RGH1268 LENDRUM, PATRICK E & NOELLE C GUERNSEY 2103 S TRACY AVE 59715 THOMPSONS 3 REARRANGED LOT 10 BLOCK 4 $362.53 $7.25 $369.78RGH1338MCLAY, CHRISTOPHER D 2625 SUMAC CT UNIT 3 53545 COS 2983 PARCEL 2 FKA PERKINS & STONE ADD LOT 12 BLOCK 1 LESS HWRW $267.15 $5.34 $272.49
RGH1346 PRENDERGAST, SHANNON 317 N IDA AVE 59715 NP LOT 9 & 10 BLOCK 44 $158.49 $3.17 $161.66
RGH1419 SALGADO, LESLIE A PALOMINO KEVIN W WANNER 218 ACCOLA DR 59715 THOMPSONS 4 VADHEIMS RE ARR BLOCK 3 LOT 3 BLOCK 3S $437.86 $8.76 $446.62RGH1451CORE, TROY M & KIRSTEN M 531 N BOZEMAN AVE 59715 BEALLS 2ND TRACTS 4 & 5 BLOCK C BEING 60 X 140'NORTHEAST CORNER $304.22 $6.08 $310.30
RGH1465 BARLOW, M ETHAN 11 E VILLARD ST 59715 BEALLS 2ND ADD AMENDED TRACT 1 BLK E COS B-40-E (BEALLS 2ND LOTS 38-39 BLK E)$260.30 $5.21 $265.51
RGH1497 MCCARTY, SUSAN S SUSAN S MCCARTY TRUST 911 S WILLSON AVE 59715 BUTTE LOTS 5-8 BLOCK 6 $662.92 $13.26 $676.18RGH1526KELLEHER, PETER 501 PERKINS PL 59715 PERKINS & STONE LOT 7 BLOCK 1 E PT TRACT 7 $500.45 $10.01 $510.46
RGH1548 KIRT, RYAN & ERIN 1604 W LINCOLN ST 59715 WORTMAN'S ANNEX -- N 140'TRACT 12, BEATTY'S ALDER COURT $543.26 $10.87 $554.13
RGH1701 LINDSAY, GREGORY 708 E LAMME ST 59715 NP E12.5' OF LOT 4, ALL LOT 5 BLOCK 32 $194.56 $3.89 $198.45RGH1714BARLOW, M ETHAN 11 E VILLARD ST 59715 ROUSES 1ST LOT 17, E 20'LOT 18 BLOCK I $260.76 $5.22 $265.98
RGH1755 WHITE GRASS LLC PO BOX 4856 83001 THOMPSONS 3 REARR LOT 7 BLOCK 3 $406.61 $8.13 $414.74
RGH1811 JOHNSON, PENELOPE S PO BOX 518 84060 IMES NORTH 2' LOT 16 &LOTS 17-18 BLOCK 39 $265.55 $5.31 $270.86RGH1844BEYER, TAMMY J 102 E COLLEGE ST UNIT 1 59715 SPRINGDELL LOTS 1-4 BLOCK 1 COLLEGE STREET CONDOS UNIT 1 $153.59 $3.07 $156.66
RGH1846 ENGEN, JON R PO BOX 3508 83340 SPRINGDELL LOTS 1-4 BLOCK 1 COLLEGE STREET CONDOS UNIT 2 $153.59 $3.07 $156.66
RGH1889 HOLZNAGEL, CARL T 616 E LAMME ST 59715 ROUSES 1ST LOTS 21 & 22 BLOCK I $304.22 $6.08 $310.30
RGH1892 BROTHER VENTURES LLC 411 N 7TH AVE 59715 HARPERS LOT B BLOCK A AMENDED LOTS 1-4 BLOCK A &VACANT ALLEY $208.87 $4.18 $213.05RGH1943KG SITE MANAGEMENT LLC PO BOX 1432 59771 PERKINS & STONE LOT 14 BLOCK 1 LESS HWRW $217.71 $4.35 $222.06
RGH1980 NEW DIRECTION TRST CO NDTCO FBO, JAMES B KELLOGG IRA 1070 W CENTURY DR 80027 BEALLS 1ST TRACT H BLOCK 16 BEING 40 X 155'$224.56 $4.49 $229.05
RGH1987 PATENCIO, ALYCIA 821 S TRACY AVE 59715 BUTTE LOTS 10-11 BLOCK 2 $333.13 $6.66 $339.79RGH2081GUSTAFSON, SIDNEY W 918 S CHURCH AVE 59715 BOZEMAN CREEK ANNEX TRACTS 32-33 $543.26 $10.87 $554.13
RGH21062 TYRELL, BROOKS 424 N WALLACE AVE 59715 BABCOCK-DAVIS LOTS 2A-2 BLOCK 7 AMENDED PLAT C-19-B $251.54 $5.03 $256.57
RGH2139 WALLER, MICHELLE SETH CLARK 510 S GRAND AVE 59715 FAIRVIEW N 13'LOT 15 ALL LOTS 16-17 & S 10' LOT 18 BLOCK 5 $405.45 $8.11 $413.56RGH21435BARATTE, ANDREA & ALICIA 1922 S BLACK AVE 59715 THOMPSONS ADDITION #4 LOT 15C BLOCK 9 $114.96 $2.30 $117.26
RGH21449 POMEGRANATE LLC 3919 RAIN ROPER DR 59718 NP SOUTH 75' LOTS 1-5 BLOCK 106 LOT 2 $339.54 $6.79 $346.33
RGH21461 LLOYD; WILLIAM B,JANNA B & GRACE ELLEN LLOYD 1609 S BLACK AVE 59715 THOMPSONS 4TH BLOCK 4 PH II WOODBROOK TOWNHOUSE UNIT 104 $93.38 $1.87 $95.25RGH22498BOZEMAN HOSTEL LLC 27 E MAIN ST UNIT A 59715 OP E1.33' LOT 7 ALL LOT 8 W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT A $231.09 $4.62 $235.71
RGH22597 GLEASON, CLAIRE 407 BONNER LN 59715 TR IN SE 1/4 7 2S 6E COS 381 LOT 2 ICE POND TOWNHOUSES $57.95 $1.16 $59.11
RGH22603 LANIER, WILLIAM THOMAS 421 BONNER LN 59715 TR IN SE 1/4 7 2S 6E COS 381 LOT 8 ICE POND TOWNHOUSES $57.95 $1.16 $59.11RGH2312WILLSON YELLOW LLC 512 AMSTERDAM BLVD 59714 BUTTE LOTS 13-16 BLK 21 $489.08 $9.78 $498.86
RGH23131 MUNSON, CHRISTOPHER 1104 S MONTANA AVE UNIT G 3 59715 GREENTREE CONDO UNIT 19 UNIT G3 AKA CA15 $61.25 $1.23 $62.48
RGH23154 JUNGST, THOMAS ALLAN LAURIE SUE MCLENNAN JUNGST 1757 HIGHLAND BLVD #1 59715 GRAF'S 1ST-2ND FILING BLOCK 3A HIGHWOOD ESTATES PHASE I #1 $392.16 $7.84 $400.00RGH23160MITCHELL, PHILIP & BELINDA PO BOX 1567 59937 GRAF'S 1ST-2ND FILING BLOCK 3A HIGHWOOD ESTATES PHASE I #7 $392.16 $7.84 $400.00
RGH2397 ANNA TURECEK LIVING TRUST 530 N MONTANA AVE 59715 BEALLS 1ST SOUTH 54' X 144' OF NORTH 1/2 OF WEST 1/2 BLOCK 10 $281.63 $5.63 $287.26
RGH24076 BAIDE, DONALD R WANNAPORN NILAKUL 1709 S BLACK AVE 59715 THOMPSONS 4TH BLOCK 4 PH III WOODBROOK TOWNHOUSE UNIT 56 $172.47 $3.45 $175.92RGH24199KAERNER, THOMAS H & HERTA ANNA AM SONNENHARG 12 95512 TRACTS A & B COS 666 TRACT IN SE 1/4 SECTION 7 NE 1/4 18 2 S 6 E $122.27 $2.45 $124.72
RGH24204 MCPHERSON, TAMRA J 719 S CHURCH AVE UNIT 14 59715 TRACTS A & B COS 666 TRACT IN SE 1/4 SECTION 7 NE 1/4 18 2 S 6 E $122.27 $2.45 $124.72
RGH24291 JUTILA, JOHN W & CHARLOTTE P 1201 HIGHLAND BLVD #D105 59715 WESTRIDGE MEADOWS LOT 3 BLOCK 2 W/M CONDOS UNIT A-3 $340.23 $6.80 $347.03RGH2558STEINER, WADE & MELLISA 819 S BLACK AVE 59715 DUDLEYS LOT 4 BLOCK 1 $419.78 $8.40 $428.18
RGH2575 WACKAMOLEY LLC 3919 RAIN ROPER DR 59715 NP NORTH 67' LOTS 1-5 BLOCK 106 LOT 1 $303.32 $6.07 $309.39
RGH25784 J & P MONTANA PROPERTIES LLC 8008 HWY 212 59070 THOMPSONS 4TH BLOCK 4 PHASE 3 WOODBROOK TOWNHOUSE UNIT 26 $114.60 $2.29 $116.89
RGH2580 GLIKO, JOSH 347 JARVIS RD 59412 THOMPSONS 4TH LOT 5 BLOCK 8 TANGLEWOOD CONDO UNIT 2 $187.40 $3.75 $191.15RGH25849HOBART III, EDWARD D CASSIE SPICHER 3731 EQUESTRIAN LN 59718 WESTRIDGE MEADOWS LOT 5 BLOCK 3 W/M CONDOS #3 UNIT 14 $271.08 $5.42 $276.50
RGH25853 MURTAGH, AARON JENNIFER HATCHADORIAN 340 8TH ST APT 1 11215 HOFFMAN'S LOTS 3-5 BLOCK E #3 PLUS COMMON SPACE $110.01 $2.20 $112.21
RGH25947 SAGHETELIAN, VIRGINIA L 2005 FAIRWAY DR UNIT 18 59715 WESTRIDGE MEADOWS LOT 5 BLOCK 3 W/M CONDOS #3 UNIT 18 $248.53 $4.97 $253.50RGH2608FELLERHOFF, KAREN 3336 SPAINBRIDGE RD 59714 BUTTE LOTS 13-16 BLOCK 9 $572.80 $11.46 $584.26
RGH2627 SOUTH SPRUCE LLC 7781 NEX PERCE DR 59715 NEW HYALITE LOT 4 BLOCK 11 $271.64 $5.43 $277.07
RGH2637 KIRKWOOD, CHRIS & LISA 23 CULBERSON RD 07920 NEW HYALITE LOT 17 BLOCK 12 $271.64 $5.43 $277.07RGH2658BLAKE, THOMAS K & VICTORIA CAROLLO BLAKE 1214 N PINECREST DR 59715 NEW HYALITE LOT 11 BLOCK 4 $284.45 $5.69 $290.14
RGH2659 BATESON, ROBERT J 32 SHAWNEE WAY STE B 59715 NEW HYALITE LOT 10 BLOCK 15 $325.96 $6.52 $332.48
RGH2663 BEALL, SHARON L 307 S TRACY AVE 59715 ALDERSON'S LOTS 3-4 BLOCK G $378.01 $7.56 $385.57RGH2730KOSTELECKY, CAMILLE PO BOX 1564 96714 STORYS W 29.5' LOT 9,E 7.5' LOT 10 BLOCK A LONE STAR COMMERCIAL CONDOS 1 $303.34 $6.07 $309.41
RGH2736 TALLMAN, BRETT & SUSAN 513 N BLACK AVE 59715 BEALLS 2ND ALL LOT 6 & SOUTH 10' LOT 7 BLOCK F $207.90 $4.16 $212.06
RGH27830 NW HOLDINGS LLC 11 E VILLARD ST 59715 NP LOTS 1-4 & LOTS 8-13 BLOCK 103 $1,072.57 $21.45 $1,094.02RGH2786BREWER, BJ & MOLLY 507 ICE POND RD 59715 BOZEMAN CREEK ANNEX TRACT 5C $543.26 $10.87 $554.13
RGH2797 TRACY VILLA LLC 512 AMSTERDAM BLVD 59714 HOFFMANS LOT 11 LESS 8 X 6'NORTHEAST CORNER ALL LOT 12 LESS 8 X 16' SOUTHEAST CORNER $984.04 $19.68 $1,003.72
RGH2833 DONALD R BAIDE REVOC TRUST 402 E MAIN ST UNIT 1 59715 ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLACKWOOD BUILDING CONDOS UNIT 1 $150.76 $3.02 $153.78RGH2846SANTOS, VANESSA BRANDT BACHA 408 N BOZEMAN AVE 59715 BEALLS 1ST TRACT 6 BLOCK 6 $246.43 $4.93 $251.36
RGH2860 GILBERTSON, TOR & KATHRYN 610 DELL PL UNIT 2 59715 GUYS 2ND 75 X 79 SW COR F &75 X 330 SS 1A LOT 2 DELL CONDO UNIT 2 $92.57 $1.85 $94.42
RGH2869 BANIS, ROBERT J 1602 N ROUSE AVE 59715 NE ANNEX TRACT 8 $1,412.45 $28.25 $1,440.70RGH29087ARTICHOKE LLC 3919 RAIN ROPER DR 59715 OP LOT 8 BLOCK L $140.17 $2.80 $142.97
RGH2917 FIGI, SHARON 812 S 3RD AVE 59715 BUTTE LOTS 21-22 BLOCK 15, &3' X 50' SOUTHEAST CORNER LOT 23 BLOCK 15 $292.77 $5.86 $298.63
RGH29198 HAUG, JULIANN 1757 HIGHLAND BLVD #24 59715 GRAF'S 1ST-2ND FILING BLOCK 3A HIGHWOOD ESTATES #24 $459.49 $9.19 $468.68RGH29217TUFTE, JESSE R & PATRICK D JOHNSON 1448 ASH DR 59715 BEALLS 3RD LOT 1-A 60 X W71.38' RIGGS TRACT $155.13 $3.10 $158.23
RGH29484 ARNOLD JR, ROBERT W PAMELA JAMGOCHIAN ARNOLD 605 N ROUSE AVE 59715 NORTHERN PACIFIC LOTS 5-7 BLOCK 103 $221.84 $4.44 $226.28
Page 11
337
Delinquent Certification 060823
RGH3088 PATTERSON, RONALD 707 N ROUSE AVE 59715 IMES LOTS 8-9 BLOCK 42 $253.52 $5.07 $258.59RGH3117WOODBURN, ROBERT W 1515 GOLD AVE 59715 BOMONT CENTER LOT 3 $687.25 $13.75 $701.00
RGH3132 WOLFEBORO OIL COMPANY INC C/O ANYA BEAN-CALDWELL 299 MOUNTAIN RD 05672 NP LOTS 26-27 BLOCK 45 $257.15 $5.14 $262.29
RGH31489 POWDER LLC 4445 PERRY ST 59718 GALLATIN VALLEY SEED CONDOS UNIT A-2 ROUSES 2ND LOTS 11-20 BLOCK D $87.87 $1.76 $89.63RGH31535UNDERWOOD, ANGELA L 9610 BRIARWOOD CIRCLE 85351 WESTRIDGE MEADOWS #6 MINOR SUB #83A LOT 2C1 MEADOWS SOUTH CONDOS UNIT 14 $388.69 $7.77 $396.46
RGH3161 MCSPADDEN, MARIE & TREVER 116 E STORY ST 59715 HOFFMANS ALL LOT 1 & EAST 16 FEET LOT 2 BLOCK B $401.33 $8.03 $409.36
RGH31882 DONALD R BAIDE REVOC TRUST 402 E MAIN ST UNIT 1 59715 ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLACKWOOD BUILDING CONDOS UNIT 2 $279.30 $5.59 $284.89RGH3346WIMETT, LINDSAY CARROLL 12 W HAYES ST UNIT E3 59715 BOZEMAN CREEK ANNEX TRACT 12 SYLVAN SPRINGS CONDO E-3 $101.63 $2.03 $103.66
RGH33774 FIREHOUSE DEVELOPMENT LLC 618 N WALLACE AVE 59715 ROUSE'S 1ST ADD LOT 15-19 BLK F .456 ACRES $220.38 $4.41 $224.79
RGH33794 CORP OF PRESIDING BISHOP LDS C/O FACILITIES MGMT PO BOX 570 02035 GRAFS 3RD ADD LOT 2 BLOCK 3 $470.76 $9.42 $480.18RGH33794CORP OF PRESIDING BISHOP LDS C/O FACILITIES MGMT PO BOX 570 02035 GRAFS 3RD ADDITION LOT 3 BLOCK 3 $470.76 $9.42 $480.18
RGH33794 CORP OF PRESIDING BISHOP LDS C/O FACILITIES MGMT PO BOX 570 02035 GRAFS 3RD ADDITION LOT 4 BLOCK 3 $470.76 $9.42 $480.18
RGH33794 CORP OF PRESIDING BISHOP LDS C/O FACILITIES MGMT PO BOX 570 02035 GRAFS 3RD ADDITION LOT 5 BLOCK 3 $445.33 $8.91 $454.24RGH33794CORP OF PRESIDING BISHOP LDS C/O FACILITIES MGMT PO BOX 570 02035 GRAFS 3RD ADDITION TRACT A BLK 1 $543.26 $10.87 $554.13
RGH3433 BJORKLUND, STEVE 26 S GRAND AVE 59715 STORYS S43' OF LOTS 10-11 BLOCK B $265.42 $5.31 $270.73
RGH3437 FIRST PRESBYTERIAN CHURCH PO BOX 1150 59715 STORY ADD PARCEL 1A PLAT C-22-D .195 ACRES $670.05 $13.40 $683.45RGH3440FRY, RUSSELL PO BOX 538 59047 IMES LOTS 9-11 BLOCK 49 $271.64 $5.43 $277.07
RGH3467 GOOSE & BEAR LLC 2448 BLACKFEET LN 59715 TRACYS 2 LOTS 20-21 BLOCK A $283.95 $5.68 $289.63
RGH3498 SMITH, RAYNER & TANYA 1610 S WILLSON AVE 59715 THOMPSONS 2 LOT 2 BLOCK 2 $512.15 $10.24 $522.39
RGH3504 BRANTLEY, KATHERINE 6253 OVERTON DR 70808 SPRINGDELL LOT 15 BLOCK 1 $231.31 $4.63 $235.94RGH3549GARRE, MICHAEL & EMMA 1310 ROBIN LN 59715 THOMPSONS ADDITIION #4 STERLING CONDOS UNIT 2 LOT 18 BLOCK 9 $109.03 $2.18 $111.21
RGH3566 LEACHMAN, H LOGAN & JAMIE 11330 BRIDGER CANYON RD 59715 GUYS 1ST EAST 62 1/2 OF SOUTH 99 1/2 OF 1/2 ACRE LOT 1 TRACT H $298.65 $5.97 $304.62
RGH3696 KB REAL PROPERTY HOLDINGS LLC 577 BLACK BULL TRL 59718 IMES LOTS 19-20 BLOCK 48 $233.61 $4.67 $238.28RGH3697RIEDERS, NATHANIEL F 21 S 2ND ST 53704 IMES LOTS 5-6 BLOCK 35 $181.10 $3.62 $184.72
RGH3713 GADDIS, RITA A 624 N WILLSON AVE 59715 IMES LOTS 25-26 BLOCK 47 $251.72 $5.03 $256.75
RGH3740 321 MAIN LLC 216 MCADOW AVE 59715 OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMAN MULTI LEVEL SHOP COMPLEX $8.02 $0.16 $8.18RGH3741321 MAIN LLC 216 MCADOW AVE 59715 OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMAN MULTI LEVEL SHOP COMPLEX $298.33 $5.97 $304.30
RGH3779 MAHURIN, JOSEPH D 1606 GOLD AVE 59715 INDUSTRIAL PROPERTIES LOT 6A $1,206.71 $24.13 $1,230.84
RGH3911 FIGI, SHARON 812 S 3RD AVE 59715 BUTTE LOTS 20-22 BLOCK 4 $421.02 $8.42 $429.44RGH3942KRUEGER, LOLA PO BOX 485 59703 BUTTE LOTS 5-8 BLOCK 22 $594.00 $11.88 $605.88
RGH3978 SELAH GROUP LLC 300 N CRESTWAY ST 67208 OP 3.45' E.S. LOT 7 & 19' W S LOT 8 BLOCK E $494.65 $9.89 $504.54
RGH4070 ST JONN, MYLES & BROOKE CADWELL 621 E DAVIS ST 59715 BAB-DAVIS S 150' OF E 1/2 TRACT 7 IN TRACT 13 BLOCK 4 $228.18 $4.56 $232.74RGH4083EDWARDS, ROBERT L 1208 S CHURCH AVE 59715 BOZEMAN CREEK ANNEX TRACT 27 $543.26 $10.87 $554.13
RGH4104 JOHNSON, PATRICK & JESSE TUFTE 1448 ASH DR 59715 NEW HYALITE LOTS 13-14 BLOCK 16 $543.26 $10.87 $554.13
RGH4140 NORTH PEACH LLC 33 N BLACK AVE 59715 BABCOCK AND DAVIS ADD BLK 7 LOT 5A PLAT C-19-V $72.26 $1.45 $73.71RGH41724LARSEN, PAUL 4314 GRAF ST 59715 SUNDANCE SPRINGS SUBDIVISION PHASE 1A LOT 58 $503.92 $10.08 $514.00
RGH4207 MCBEE, BRANNIN MEGHAN BENNETT 520 S WILLSON AVE 59715 FAIRVIEW LOTS 11-13 BLOCK 6 $620.42 $12.41 $632.83
RGH4254 GALLATIN COUNTY 311 W MAIN ST RM 304 59715 TRACYS 2 N 75' LOTS 1-3,ALL LOTS 4-17 & S 1/2 LOTS 18-20 $907.19 $18.14 $925.33RGH4318RUTHERFORD, WILLIAM H 717 S TRACY AVE 59715 FAIRVIEW SOUTH 10' LOT 15, ALL LOTS 16-17 BLOCK 7, PLUS 10'ON NORTH $520.69 $10.41 $531.10
RGH4329 MEYER, WAYNE G 5950 ALPINE WOODS DR 99516 BLACKS 94'E SIDE TRACT 2 IN 1 ACRE LOT 1 BLOCK C LIND &GUYS TRACT 1 IN FRACTION'L $235.42 $4.71 $240.13
RGH4361 RITCHEY, KATHLEEN &DAVID HENKIN 327 N ROUSE AVE 59715 BEALLS 1ST TRACT E TRIANGLE TRACT IN SE CORNER OF TRACT 14 BEING 50' EAST & 85 ' SOUTH $76.97 $1.54 $78.51RGH4368INGENUITY INVESTMENTS LLC 813 DIMAGGIO DR 59714 BEALLS 1ST 35'S OF N83'TRACT 2 IN 1A LOT 15 $171.54 $3.43 $174.97
RGH4370 MING, SHAWN 711 E ORANGE ST 59715 NP LOTS 18-19 BLOCK 52 $257.15 $5.14 $262.29
RGH43794 CULVER, WILLIAM E & SHARON A 4122 E GRAF ST 59715 SUNDANCE SPRINGS SUBDIVISION PHASE 2B LOT 86 $536.39 $10.73 $547.12
RGH43796 BEAUVAIS, PASCAL & BETSY 4040 E GRAF ST 59715 SUNDANCE SPRINGS SUBDIVISION PHASE 2B LOT 88 $543.26 $10.87 $554.13RGH43805REISTAD, CORY 122 TALON WAY UNIT B 59718 SUNDANCE SPRINGS SUBDIVISION PHASE 2B LOT 97 $543.26 $10.87 $554.13
RGH44433 KOSTELECKY, CAMILLE PO BOX 1564 96714 STORYS W 29.5' LOT 9 E 7.5' LOT 10 BLOCK A LONE STAR COMMERCIAL CONDOS 3 $49.99 $1.00 $50.99
RGH44791 SULLIVAN, ANDREW & KARLA J 4210 MORNING SUN DR 59715 SUNDANCE SPRINGS SOUTHEAST SUBDIVISION LOT 1 $543.26 $10.87 $554.13RGH4489BENNETT, WILLIAM H 211 N WALLACE AVE 59715 BABCOCK-DAVIS LOTS 19-20 BLOCK 2 $436.58 $8.73 $445.31
RGH4505 KEYSHAE, MICHAEL G & LORI M 1504 S ROUSE AVE 59715 UNIVERSITY 2 LOT 13 BLK 6 $329.58 $6.59 $336.17
RGH4520 HAWKWEST RENTALS LLC 2958 SOURDOUGH RD 59715 IMES LOTS 7 & 8 BLOCK 41 $239.04 $4.78 $243.82RGH4569REISTAD, CORY 122 TALON WAY UNIT B 59718 IMES LOTS 17-18 BLOCK 40 $288.84 $5.78 $294.62
RGH4651 CUMMINS, CECIL S 505 N WILLSON AVE 59715 BEALLS 3RD LOTS 8-10 BLOCK 6 $419.69 $8.39 $428.08
RGH4670 LATIMORE, TIMOTHY WOOD C/O BRUCE BROWN 725 S WILLSON AVE 59715 FAIRVIEW N 21' LOT 18, ALL LOTS 19-20 BLOCK 5 $391.26 $7.83 $399.09RGH4687RPM MONTANA LLC BEALL HOMES LLC 512 AMSTERDAM BLVD 59714 BOZEMAN OP BLK K N 1/2 LOTS 13, 14 & 15 PLAT A-1 $221.66 $4.43 $226.09
RGH4704 NEFF, WILLIAM A & MARY JORDAN 2219 W OAK ST APT 319 59718 NEW HYALITE LOT 1 BLOCK 6 $271.64 $5.43 $277.07
RGH4754 BERGANTINE, JOSEPH & STEPHANIE 1608 S TRACY AVE 59715 UNIV SUB LOT 16 BLOCK 4 $289.74 $5.79 $295.53RGH4781KOLLER, LAUREL & PAUL T & EMILY SHERMAN 20 E TAMARACK ST 59715 IMES LOTS 1-2 & NORTH 20'OF LOT 3 BLOCK 32 $357.47 $7.15 $364.62
RGH49260 BIKEN + 1 LLC C/O ELIZABETH BAUR 1011 FLOWERREE ST 59601 PARKVIEW CONDOS UNIT 300 LOT 1A-1 PLAT C-23-A21-D $368.24 $7.36 $375.60
RGH4967 MEDIA STATION INC 627 E PEACH ST 59715 NP LOTS 17-21 BLOCK 106 $642.86 $12.86 $655.72RGH4974MEARS, VANESSA R 1207 HOLLY DR 59715 NEW HYALITE LOT 10 BLOCK 1 $271.64 $5.43 $277.07
RGH5008 VAUGHN, RACHEL 1414 CHERRY DR 59715 NEW HYALITE LOT 23 BLOCK 15 $325.96 $6.52 $332.48
RGH5009 SICKLER, PETER 518 N TRACY AVE 59715 BEALLS 2ND LOT 13 & NORTH 1/2 LOT 14 BLOCK F $430.29 $8.61 $438.90RGH5014WEIX, MICHAEL 629 E MENDENHALL ST 59715 ROUSES 1ST LOT 13 & LOT 14 BLOCK I $304.22 $6.08 $310.30
RGH5019 VISSCHER, ANNA S KENT DAVIS - TRUSTEES 416 N TRACY AVE 59715 BEALLS 2ND SOUTH 10' LOT 28,ALL LOT 29 BLOCK E $463.25 $9.27 $472.52
RGH5035 101 ROUSE LLC 321 E MENDENHALL ST 59715 OP SOUTH 50' LOTS 17-19 BLOCK I $428.08 $8.56 $436.64RGH5057ULRICHS, SCOTT C & MEGAN R 955 STONEGATE DR 59715 GUYS 2ND 75 X 79 SW COR F &75 X 300 SS 1A LOT 2 DELL CONDO UNIT 6 $92.57 $1.85 $94.42
RGH50700 WORTMAN, JEREMY KIRK & TAYLOR 129 VILLAGE CROSSING WAY 59715 VILLAGE BOULEVARD MINOR SUBDIVISION 344 LOT 1 VILLAGE DOWNTOWN SUB LOT 127A $202.46 $4.05 $206.51
Page 12
338
Delinquent Certification 060823
RGH50701 WORTMAN, JEREMY K & TAYLOR 129 VILLAGE CROSSING WAY 59715 VILLAGE BOULEVARD MINOR SUBDIVISION 344 LOT 1 VILLAGE DOWNTOWN SUB LOT 129A $188.80 $3.78 $192.58RGH5112REESE HARGROVE, CYNTHIA 508 S 15TH AVE 59715 NORMANDY LOT 10 BLOCK 13 $268.42 $5.37 $273.79
RGH51349 32B SHAWNEE WAY LLC 4060 S 3RD AVE 59715 EAST END COMMERCIAL WAREHOUSES CONDOS UNIT 32B SHAWNEE INDUSTRIAL PARK $31.60 $0.63 $32.23
RGH5165 LONSDALE, WHITNEY RENN 502 N 9TH AVE 59715 IMES LOTS 1-2 BLOCK 36 $181.10 $3.62 $184.72RGH5203807 SOUTH BLACK AVENUE LLC PO BOX 347213 33234 DUDLEYS LOT 2 BLOCK 1 $417.61 $8.35 $425.96
RGH5220 LEACHMAN, H LOGAN & JAMIE 11330 BRIDGER CANYON RD 59715 GUYS 1ST EAST 62 1/2 OF NORTH 50 1/2 OF 1/2 ACRE LOT 1 TRACT R $114.31 $2.29 $116.60
RGH5239 420 N GRAND LLC 279 BRISTLECONE DR 78619 BEALLS 3RD LOTS 31-32 BLOCK 5 $243.92 $4.88 $248.80RGH5328LOGAN, JAMES L & MONICA B JL & MB LOGAN TRST 5337 N GILLIS PIER RD 49670 BEALLS 3RD LOTS 7-8 BLOCK 1 $490.78 $9.82 $500.60
RGH5377 POLASIK, JOSEPH 1616 S ROUSE AVE 59715 THOMPSONS 4 LOT 22 BLOCK 8 $0.90 $0.02 $0.92
RGH53878 RAMAKER, JILL FALCON 2224 SOURDOUGH RD 59715 SOURDOUGH VILLAGE CONDOS UNIT 6 $427.44 $8.55 $435.99RGH5411DEVITT, PHILIP & NELLIE 109 N BROADWAY AVE 59715 NP LOTS 12-13 BLOCK 32 $233.94 $4.68 $238.62
RGH5444 ATTICUS PRIME LLC 420 S WILLSON AVE 59715 FAIRVIEW LOTS 11-13 BLOCK 1 $620.42 $12.41 $632.83
RGH5512 JOHNSON, JAMES F 517 N WILLSON AVE 59715 BEALLS 3RD SOUTH 9' LOT 3, ALL LOTS 4-5 BLOCK 6 $334.43 $6.69 $341.12RGH5526HUEBEL, RITA KATHLEEN 4818 BERKMAN DR APT 2174 78723 THOMPSONS 4 LOT 2 BLOCK 1 SOUTH TRACY CONDO #A $164.33 $3.29 $167.62
RGH55661 HEXOM, HEATHER 1316 S CHURCH AVE 59715 ABELIN ESTATE CONDOS UNIT 1316 BOZEMAN CREEK ANNEX TR A $94.06 $1.88 $95.94
RGH5577 HOUSER, MARK DBA CULLIGAN 15 SHAWNEE WAY 59715 SHAWNEE INDUSTRIAL PARK LOT 1 BURRUP ANNEX MINOR SUBDIVISION 41 $1,372.50 $27.45 $1,399.95RGH5579FULLERTON, COWDREY & COWDREY COWDREY LEGACY TRUST 3230 E FRONTAGE RD 59715 BURRUP ANNEX TR A-1 COS 1365 $543.26 $10.87 $554.13
RGH5584 JOHNSON, ROSS A & HEIDI GRACE AMM JOHNSON TRUST 3576 E PALO VERDE ST 85296 HOFFMANS ALL LOT 8 & 17 FEET EASTSIDE LOT 9, WEST 3 FEET LOT 7 BLOCK A $296.02 $5.92 $301.94
RGH5650 MARTIN LAND LLC PO BOX 1167 59771 BAB-DAVIS TRACT 2 BLOCK 6 .521 ACRES $822.05 $16.44 $838.49
RGH5813 ARNOLD JR, ROBERT W PAMELA JAMGOCHIAN ARNOLD 605 N ROUSE AVE 59715 IMES LOTS 9-10 BLOCK 43 $244.55 $4.89 $249.44RGH5822VAN DER WEGE, KEES TREVOR &PATRICK D JOHNSON 1448 ASH DR 59715 BAB-DAVIS LOT 13A BLOCK 5 $217.30 $4.35 $221.65
RGH5862 JARVIS, MARK ADRIAN 4782 JACKSON CREED RD 59715 NP TRACT 5 ON ASSESSED PLATS,BEING 60 X 140' W SIDE TRACT 5 IN SE LOTS 1-4 NE LOTS 1-4 $317.27 $6.35 $323.62
RGH5902 MCCARTHY, JOSEPH 720 S 3RD AVE 59715 FAIRVIEW LOTS 12-13 & SOUTH 1/2 OF LOT 14 BLOCK 10 $415.60 $8.31 $423.91RGH5932GIBSON, ROCHELLE 8472 WAGON BOSS RD 59715 IMES LOT 14 & PORTION OF LOTS 15-17 BLOCK 45 $300.61 $6.01 $306.62
RGH5958 SANTOS, VANESSA BRANDT BACHA 408 N BOZEMAN AVE 59715 BEALLS 1ST TRACT 1 W 131' OF N 95' BLOCK 3 $450.72 $9.01 $459.73
RGH5961 THOMPSON, DIANE 16 SANDERS AVE 59718 BABCOCK-DAVIS TRACT 10 &NORTH 6' OF TRACT 1 $224.35 $4.49 $228.84RGH5979TIAHRT, NANCY A NANCY A TIAHRT LIVING TRUST 204 E LINCOLN ST 59715 THOMPSONS ADDITION #4 LOT 13 BLOCK 7 $283.95 $5.68 $289.63
RGH60064 GODFREY, BONNIE SUE 1463 KENYON DR 59715 THE KNOLLS AT HILLCREST BLOCK 1 LOT 13 $217.30 $4.35 $221.65
RGH6143 WALLER, TODD D 732 S TRACY AVE 59715 HOFFMANS LOTS 18-19 BLOCK G $406.14 $8.12 $414.26RGH6153LANDSGAARD, PAUL & PAM 1627 W MAIN ST #260 59715 NP TRACTS 1 & 2 IN NE4NW4 SURVEY 7P38 & ABANDONED MENARD LINE ADJCNT $543.26 $10.87 $554.13
RGH61691 LANDERS, FREDERICK P &JANELL C 4344 MORNING SUN DR 59715 3RD AVE CONDOS UNIT F BLDG 3 THOMPSONS ADDITION 3 BLK 4 LOT 3 REARRANGEMENT OF 3 $224.56 $4.49 $229.05
RGH6179 YURASHAK, CHAD & BLAIRE 311 E MAIN ST 59715 BEALLS 2ND TRACT B, BEING 75 X 170' BLOCK C $461.78 $9.24 $471.02RGH62639NORTH PEACH LLC 33 N BLACK AVE 59715 MENDENHALL MARKETPLACE CONDOS UNIT R-7B ORIGINAL TOWN SITE LOT 13-23 $95.28 $1.91 $97.19
RGH6271 A1 SECURITY STORAGE MLLC 1623 N ROUSE AVE 59715 NORTHEAST ANNEX TRACT 44 $2,440.20 $48.80 $2,489.00
RGH6359 REESE-HARGROVE, CYNTHIA 3529 FIELDSTONE DR W 59715 NORMANDY LOT 6 BLOCK 22 $304.59 $6.09 $310.68RGH63746CHANDLER III, WILLIAM D 1930 LITTLE COTTAGE LN 59718 MINOR SUB 467 LOT 1 HACOT CONDOMINIUMS UNIT 25 $225.20 $4.50 $229.70
RGH6456 HARRINGTON, CALVIN C 1437 CHERRY DR 59715 NEW HYALITE LOT 9 BLOCK 15 $325.96 $6.52 $332.48
RGH6472 PETERSON, RICHARD &BONNIE TYLER 3810 EASTWOOD LN 84109 NEW HYALITE LOT 2 BLOCK 2 $271.64 $5.43 $277.07RGH650753300 GRAF ST UN 88 LAND TRST PO BOX 11986 59719 SOUTH MEADOWS CONDO UNIT 88 $392.70 $7.85 $400.55
RGH6508 HARTSHORN, ANTHONY S & VICTORIA J BAKKER 1701 FIR CREST CT 59715 NEW HYALITE VIEW SUB AMENDED BLOCK 17 LOT 1 $291.63 $5.83 $297.46
RGH65217 STORY MILL HILL LLC PO BOX 13 59771 TRACT 1T-1 COS 1877B 7.5099 ACRES $543.26 $10.87 $554.13RGH6557SCHAFER, WILLIAM CURTIS 1902 S TRACY AVE 59715 THOMPSONS 3 LOT 12 BLOCK 1 $543.26 $10.87 $554.13
RGH6582 FIVE MIN MAJOR LLC 502 E COTTONWOOD ST 59715 NP ADD BLOCK 107 LOTS 1-2 N 120' OF LOTS PLAT C-23 $217.71 $4.35 $222.06
RGH65918 BRIDGE PHYSICAL THERAPY HLDGS 1119 WOODLAND DR 59718 LINDLEY PARK PLACE CONDO #E NP ADD LOT 1A BLK 22 PLAT C-23-A25 PLUS VAC ALLEY $31.01 $0.62 $31.63
RGH65927 1010 MAIN LLC 128 E DYER RD STE F 92707 LINDLEY PARK PLACE CONDO #301 NP ADD LOT 1A BLK 22 PLAT C-23-A25 PLUS VAC ALLEY $67.65 $1.35 $69.00RGH65934SCHILP, ROBERT J & JENNIFER A 6815 CRESTWAY 48301 LINDLEY PARK PLACE CONDO #308 NP ADD LOT 1A BLK 22 PLAT C-23-A25 PLUS VAC ALLEY $66.28 $1.33 $67.61
RGH6597 MORRIS, JOHN R 1215 N PINECREST DR 59715 NEW HYALITE LOT 14 BLOCK 3 $295.98 $5.92 $301.90
RGH6598 MORRIS, JOHN R & BRIGITTE 1215 N PINECREST DR 59715 NEW HYALITE LOT 13 BLOCK 3 $295.98 $5.92 $301.90RGH6602STUTSMAN, CYNTHIA &KRISTIE KIRBY/STOMMEL FAM REV LV TRST PO BOX 866 83340 IMES LOT 21A BLOCK 40 $216.59 $4.33 $220.92
RGH6605 CRAFTYS K&C LL 3300 ARABIAN RD 59602 THOMPSONS 4TH BLOCK 4 PHASE I WOODBROOK TOWNHOUSE UNIT 3 $183.27 $3.67 $186.94
RGH6619 LIEDBERG, KURA PARSLEY ANDREW M 432 N WILLSON AVE 59715 BEALLS 3RD LOTS 35-36 & 8'EAST SIDE OF WILLSON AVE ON WEST END OF LOTS 35-36 BLOCK 2 $268.01 $5.36 $273.37RGH6637GROSSENBACKER, JENNIFER PO BOX 6740 59771 ROUSES 1ST LOT 23 BLOCK H $152.12 $3.04 $155.16
RGH69344 CAMPEAU, ANTONI A PO BOX 5286 59717 FAIRVIEW LOTS 6-7 BLOCK 3 $304.48 $6.09 $310.57
RGH70350 GETZ JR, BERT A 225 SHADOWOOD LANE 60093.HBP RESIDENTIAL CONDOMINIUM UNIT 307 TRACYS 2 LOT 1A BLK A $181.82 $3.64 $185.46RGH70383508 MONTANA LLC 9 E LAMME ST 59715 HBP RESIDENTIAL CONDOMINIUM UNIT 508 TRACYS 2 LOT 1A BLK A $81.21 $1.62 $82.83
RGH81743 BLOCK 106 PARTNERS INC 618 N WALLACE AVE 59715 BLOCK 106 LOT A CONDO UNIT 101 AMENDED NP LOTS 6-14 BLOCK 106 $64.94 $1.30 $66.24
RGH81744 BLOCK 106 PARTNERS INC 618 N WALLACE AVE 59715 BLOCK 106 LOT A CONDO UNIT 102 AMENDED NP LOTS 6-14 BLOCK 106 $105.10 $2.10 $107.20RGH81745BLOCK 106 PARTNERS INC 618 N WALLACE AVE 59715 BLOCK 106 LOT A CONDO UNIT 103 AMENDED NP LOTS 6-14 BLOCK 106 $94.39 $1.89 $96.28
RGH82058 KBOZE LLC KATHERINE KELTER 483 N WILLSON AVE 59715 BEALLS 3RD ADD BLK 5 LOT 4A $118.11 $2.36 $120.47
RGH82062 LICHTY II, EDWARD T KELLY D CORRIGAN - TRUSTEES 21 CREST RD 94611 BEALLS 3RD ADD BLK 5 LOT 8A $118.04 $2.36 $120.40RGH83356HIGGINS, ELLIE MACDOUGALL C/O CANVASBACK PROP MGMT PO BOX 1856 59771 524 S BLACK CONDO UNIT A HOFFMANS SOUTH 45' OF LOT 9 TO LOT 12 BLOCK B $60.00 $1.20 $61.20
RGH83357 HIGGINS, ELLIE MACDOUGALL C/O CANVASBACK PROP MGMT PO BOX 1856 59771 524 S BLACK CONDO UNIT B HOFFMANS SOUTH 45' OF LOT 9 TO LOT 12 BLOCK B $60.00 $1.20 $61.20
RGH85108 NEXT PHASE LLC 235 SNOWY MOUNTAIN CIR #2 PMB 149 59730 MERIN CONDO UNIT 202 OP S1/2 LOTS 35-38 BL 1 $132.86 $2.66 $135.52RGH85122JAY, ALIDA 116 N BOZEMAN AVE UNIT 308 59715 MERIN CONDO UNIT 308 OP S1/2 LOTS 35-38 BL 1 $172.98 $3.46 $176.44
RGH85346 1504 LLC 6555 LONGWALK DR 94611 LEWIS SUBDIVISION LOT 4 PLAT F-4 $543.26 $10.87 $554.13
RGH8640 2511N LLC & UND 84%& 2332 LLC UND 16%PO BOX 1336 59715 STORY MILL ANNEXATION 5.6146 ACRES TRACT C2-A COS 1877B $543.26 $10.87 $554.13
TOTAL $335,745.89 $6,714.92 $342,460.81
Page 13
339
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2121 Provisional Adoption, of the 2103 Bridger Drive Zone Map
Amendment Initially Establishing an R-2, Residential Moderate Density
District, Zone to 0.5 and the Accompanying Adjacent Right-of way in
Association with Annexation of the Same, Resolution 5434, the 2103 Bridger
Drive Annexation, Application 21123
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Provisionally Adopt Ordinance 2121.
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 applicants and property owners, Kristal Jones and Brandn Green, seek to
annex property totaling roughly 0.54 acres into the City limits and establish
initial zoning of R-2, Residential Moderate Density. The property is currently
zoned “Residential Suburban” within the county. Nearby municipal zoning
includes Residential Single-Household Low Density (R-1) to the north and
Residential Suburban (R-S) to the south. Land to the east and west is
unincorporated and zoned “Residential Suburban” within the county. The
future land use map in the Bozeman Community Plan 2020 designates the
property as “Urban Neighborhood” which the R-2 district serves to
implement. There is an existing home and above garage dwelling on the
parcel.
The Commission held a public hearing on the request on September 21,
2021 and acted to approve the application. The applicant finalized all
required terms of annexation including easements and signed the associated
annexation agreement. The associated annexation Resolution 5434
accompanies this initial zoning Ordinance.
UNRESOLVED ISSUES:None
340
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
21123 2103 Bridger Drive ZMA Ordinance 2121.pdf
2103 Bridger Drive ZMA-2022.07.07.pdf
Report compiled on: June 12, 2023
341
Ord 2121
Page 1 of 4
ORDINANCE 2121
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 0.54 ACRES AS R-2, RESIDENTIAL MODERATE DENSITY DISTRICT,
KNOWN AS THE 2103 BRIDGER DRIVE ZONE MAP AMENDMENT, APPLICATION
21123.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to establish a zoning classification of R-23 (Residential Moderate Density)
for approximately 0.54 acres has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Community Development Board acting in
their capacity as the Zoning Commission held a public hearing on August 9, 2021 to receive and
review all written and oral testimony on the request for a zone map amendment; and
342
Ordinance No. 2121, 2103 Bridger Drive ZMA
Page 2 of 4
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 22123 the 2103 Bridger Drive Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on
September 21, 2021, to receive and review all written and oral testimony on the request for the
zone map amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the zoning district designation of the following-described property is hereby designated as
R-2, Residential Moderate Density District:
An area of land comprised described as follows:
2103 Bridger Drive and more accurately described as Lots 14, 15, and 16, Ed Vogel
Subdivision No. 1, [Plat E-47], according to the plat thereof, on file and of record in
the office of the Clerk and Recorder, Gallatin County Montana; and located in the
Southeast Quarter of Section 32, Township 1 South, Range 6 East, Township 1
South, Range 6 East, of P.M.M., City of Bozeman, Gallatin County, Montana.
More particularly described as: Beginning at the northeast earner of said Lot 14;
thence southerly 179'55'00", assumed azimuth from north, 323.10 feet along the east
line of said Lot 14; thence westerly 269'55'00" azimuth 75.00 feet along the south
line of said Lot 14, Lot 15 and Lot 16; thence northerly 359"55'00" azimuth 323.10
feet along west line of said Lot 16; thence easterly 089"55'00" azimuth 75.00 feet
along the north line of said Lot 16, Lot 15 and Lot 14 to the point of beginning.
0.54 acres or 23,522 square feet. Subject to existing easements.
All as depicted on the 2103 BRIDGER DRIVE Annexation Map.
343
Ordinance No. 2121, 2103 Bridger Drive ZMA
Page 3 of 4
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
344
Ordinance No. 2121, 2103 Bridger Drive ZMA
Page 4 of 4
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 27th day of June, 2023.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the _____ of
__________, 2023. The effective date of this ordinance is _____________, ____, 2023.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
345
346
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2138 Final Adoption, of the North 8th Zone Map Amendment
Requesting Amendment of the City Zoning Map to Change the Zoning on
0.4828 Acres from R-4 (High Density Residential District) to R-5 (Residential
Mixed-Use High Density District), Located on the Southwest Corner of North
8th Avenue and West Lamme Street, Application 22366
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Finally approve Ordinance 2138.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The owner, Dark Horse Properties, LLC, and applicant, Intrinsik Architecture,
submitted an application to rezone three parcels totaling 0.4828 acres from
R-4 to R-5. The properties currently host a variety of residential and
accessory structures with alley access. Future development plans were not
submitted, or required, with the application. However, based on the
applicant narrative it appears future development will be residential with
the possibility utilization of the affordable housing incentives.
The property is directly adjacent to the Midtown Urban Renewal District but
not within the boundaries of the district. The primary differences between
the R-4 and R-5 districts are in permitted uses and dimensional standards. R-
5 allows limited restaurant and retail uses and requires less land area per
residential unit, allows 10 more feet of height or five stories, smaller
setbacks, less parking, and no restrictions on lot coverage. Application
materials can be viewed on the City’s development map at the following
link. Application materials.
The City Commission held a public hearing on this application on April 4,
2023 and voted unanimously (5:0) to approve the application. All application
material can be viewed at the following link. April 4, 2023 video recording .
347
Cover memo with staff report.
A noticing error was discovered after the public hearing on April 4, 2023.
The adjacent property owners list prepared by the applicant was not
complete pursuant to section 38.220.420, BMC. A revised property list was
created and full public notice pursuant to section 38.220.420 was
commenced for provisional Ordinance adoption. Public comment has been
submitted. Public comments.
On June 6, 2023 the Commission provisionally adopted Ordinance 2138.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this zone map amendment.
Attachments:
22366 North 8th Ordinance 2138.pdf
22007974 X-ZMA-4.5.23.pdf
Report compiled on: June 14, 2023
348
Ord 2138
Page 1 of 5
ORDINANCE 2138
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE LAND
FROM R-4, RESIDENTIAL HIGH DENSITY, TO R-5, RESIDENTIAL MIXED-USE
HIGH DENSITY, ON 0.4828 ACRES, KNOWN AS THE NORTH 8TH ZONE MAP
AMENDMENT, APPLICATION 21443.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to rezone an existing parcel from R-4 (Residential High Density) to R-5
(Residential Mixed-Use High Density) for approximately 0.4828 acres has been properly
submitted, reviewed, and advertised; and
349
Ordinance No. 2138, North 8th ZMA
Page 2 of 5
WHEREAS, after proper notice, the Bozeman Community Development Board acting in
their capacity as the Zoning Commission held a public hearing on March 6, 2023 to receive and
review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 21443 the North 8th Zone Map Amendment, be approved as
requested by the applicant; and
WHEREAS, the City Commission held its public hearing on April 4, 2023, to receive and
review all written and oral testimony on the request for the zone map amendment; and
WHEREAS, an error was discovered regarding the notice required by Bozeman Municipal
Code section 38.220.420, requiring a correct public notice and another public hearing for the
Ordinance; and
WHEREAS, after proper notice, the City Commission held a public hearing for
provisional adoption of Ordinance No. 2138 at its public hearing on June 6, 2023, to receive and
review all written and oral testimony on the request for the zone map amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the zoning district designation of the following-described property is hereby designated as
R-5, Residential Mixed-Use High Density:
An area of land comprised described as follows:
Lots 1, 2, 3, 4, 5 and 6, Block 7, SPRINGBROOK ADDITION TO BOZEMAN, [Plat B-
24], according to the plat thereof, on file and of record in the office of the Clerk and
Recorder, Gallatin County, Montana, and located in the Northeast Quarter of Section 12,
Township 2 South, Range 5 East of P.M.M., together with portions of the adjacent North
350
Ordinance No. 2138, North 8th ZMA
Page 3 of 5
8th Avenue right of way, West Lamme Street right of way and Alley right of way, all
described as follows:
Beginning at the southeast corner of Lot 6 of said Block 7; thence westerly 272°33'11",
assumed azimuth from north, 150.18 feet along the south line of said Lot 6 and its westerly
extension to the centerline of the alley in said Block 7; thence northerly 002°35'37" azimuth
180.00 feet along said centerline to the centerline of Lamme St; thence easterly 092°40'15"
azimuth 180.23 feet along last said centerline to the centerline of 8th Avenue; thence
southerly 182°35'48" azimuth 180.00 feet along last said centerline to the easterly
extension of the south line of said Lot 6; thence westerly 272°33'11" azimuth 30.00 feet
along the last said extension to the point of beginning.
Area of Lots equals 21,031 square feet, 0.4828 acre or 1,953.8 square meters
Area of Alley equals 1,500 square feet, 0.0344 acre or 139.4 square meters
Area of 8th Avenue and Lamme Street ROW = 10,207 square feet, 0.2343 acre or 948.3
square meters
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
351
Ordinance No. 2138, North 8th ZMA
Page 4 of 5
Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
352
Ordinance No. 2138, North 8th ZMA
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 6th day of June, 2023.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of
________________, 2023. The effective date of this ordinance is _____________, ____, 2023.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
353
354
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2141 Final Adoption, of the West Kagy Zone Map Amendment
Amendment of the City Zoning Map for Two Existing Lots Consisting of
Approximately 2.899 Acres and the Accompanying Adjacent Right-of way
from R-4 (Residential High Density) to R-5 (Residential Mixed-use High
Density) Property is Located on the Northeast Corner of South 19th and
West Kagy Boulevard, Application 22249
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Finally adopt Ordinance 2141.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The owner, Reuter Walton Development, 4450 Excelsior Boulevard, St. Louis
Park, MN 55416 with SMA Architects, 109 East Oak Street, Suite 2E,
Bozeman, MT 59715 acting as Applicant and Representative, submitted an
application to rezone a property totaling 2.889 acres, including adjacent
right-of-way, from R-4 (Residential High Density) to R-5 (Residential Mixed-
use High Density). Although no specific development plans were submitted
with the application the narrative states student housing will be the
proposed use.
The subject property currently hosts the Bozeman Church of Christ building
and associated parking area.
The property is on the corner of West Kagy Boulevard and South 19th
Avenue. Both streets are designated Principal Arterials according to the
Bozeman Area Transportation Plan, 2017 Update.
Both R-4 and R-5 are considered high density residential zoning districts.
Although there are no differences in the type of residential configurations
there are differences in intensity and permitted commercial uses. R-5 allows
355
restaurants and retail as accessory uses to the residential with other
limitations. The R-5 district has fewer lot size (area/width) restrictions which
allows considerable more development on a given property. Lot coverage
and floor area ratios (FAR) are unlimited. Building height is greater which
generally allows an additional story, up to five (5) stories depending on
construction and floor pack configuration.
On January 10, 2023 the City Commission voted unanimously (5:0) to
approve the zoning change. The applicant has provide all necessary
documentation to finalize the zoning change.
Provisional adoption of Ordinance 2141 was on June 6, 2023.
UNRESOLVED ISSUES:None identified at this time.
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this zone map amendment.
Attachments:
22249 1825 West Kagy ZMA Ordinance 2141.pdf
22025ZMA1-24X36 Signed.pdf
Report compiled on: June 14, 2023
356
Ord 2141
Page 1 of 5
ORDINANCE 2141
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 4.885
ACRES FROM R-4, RESIDENTIAL HIGH DENSITY DISTRICT, TO R-5,
RESIDENTIAL MIXED-USE HIGH DENSITY DISTRICT, KOWN AS THE WEST
KAGY ZONE MAP AMENDMENT, APPLICATION 22249.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to rezone from R-4, Residential High Density, to R-5, Residential Mixed-
Use High Density, for approximately 4.885 acres has been properly submitted, reviewed, and
advertised; and
357
Ordinance No. 2141, West Kagy ZMA
Page 2 of 5
WHEREAS, after proper notice, the Bozeman Community Development Board acting in
their capacity as the Zoning Commission held a public hearing on December 19, 2022 to receive
and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 22249 the West Kagy Zone Map Amendment, be approved as
requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on January
10, 2023, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, has found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
358
Ordinance No. 2141, West Kagy ZMA
Page 3 of 5
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
requested R-5 district.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of the West Kagy
Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby designated as
R-5, Residential Mixed-Use High Density District:
An area of land comprised described as follows:
359
Ordinance No. 2141, West Kagy ZMA
Page 4 of 5
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
360
Ordinance No. 2141, West Kagy ZMA
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the __ th day of June, 2023.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of
________________, 2023. The effective date of this ordinance is _____________, ____, 2023.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
361
N 89°40'58" E 477.88'S 00°12'21" W 363.45'S 89°40'47" W 478.76'N 00°19'41" E 408.49'
REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:22025ZMA1REV DATE
1825 W KAGY BOULEVARD
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
SURVEY OF LOT 7 OF THE REMINGTON ADD. (I-20) & TRACT B OF THE AMENDED PLAT
OF REMINGTON ADD. LESS MDT R/W (I-20-A), LOCATED IN SW 1/4, SEC. 13, T2S, R5E, PMMB22-0254/7/23195/781 OF 1BST406.586.0277 • tdhengineering.com
Engineering
234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 ZONING R-5 (PREVIOUSLY ZONED R-4)A TRACT OF LAND BEING LOT 7 OF THE REMINGTON ADDITION (I-20), TRACT B OF THE AMENDED PLAT OF REMINGTONADDITION (I-20-A) LESS THE MDT RIGHT-OF-WAY & PORTIONS OF SOUTH 19TH AVENUE & WEST KAGY BOULEVARD,LOCATED IN THE SW 1/4 OF SECTION 13, T2S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANAAREA: 4.485 ACRES(COMPUTED AREA IN SQUARE FEET: 195,373)362
Memorandum
REPORT TO:City Commission
FROM:Nakeisha Lyon, Associate Planner
Brian Krueger, Development Review Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2131, Provisional Adoption of The Short Term Rental Affirmative
Obligations Text Amendment, Application 23147
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Having reviewed and considered the staff report, draft ordinance, public
comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 23147 and move to provisionally
adopt Ordinance 2131, The Short Term Rental Affirmative Obligations.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The City regulates short term rentals (STRs) within our community through
Section 38.360.260 of the Bozeman Municipal Code. These standards set
forth where STRs are allowed to locate based on type, require STR hosts to
register their rental with the city prior to operation, and to submit annual
renewals. Such registration includes submittal of information, payment of a
registration fee, and completion of a safety inspection prior to city approval.
Since the adoption of these provisions, the prevalence of STRs has increased,
and monitoring of online listings has revealed a significant number of
unregistered STRs. The city has undertaken enforcement efforts to bring
more STRs into compliance, but these efforts are time-consuming and costly
for city staff. On August 9, 2022, the City Commission directed staff to
update STR regulations in two phases. The first phase includes drafting an
Ordinance regulating short term rental hosting platforms as one measure to
increase compliance with existing regulations and to require regular
reporting to obtain more information about STRs in Bozeman. The second
phase will include analysis of the STR types and where they are allowed.
As drafted, Ordinance 2131 (Attachment 1) implements the first phase –
regulating hosting platforms and other measures to increase compliance
363
with existing regulations. It revises the STR regulations within Sec.
38.360.260 to include obligations for hosting platforms such as hosting
permit requirements for booking transactions, quarterly reporting
requirements, and violation and enforcement provisions regarding the
removal of listings from hosting platforms without a hosting permit. The
proposed revisions also include administrative changes to improve
compliance and support enforcement, such as changing the term
“registration” to “permit”, allowing the City to issue administrative
subpoenas to obtain information, requiring hosts to disclose where they
have listed the STR, requiring regular safety inspections of STRs every three
years, and imposing specific civil penalties for a violation.
For more details, please see the attached staff report.
UNRESOLVED ISSUES:None related to Affirmative Obligations Ordinance 2131.
ALTERNATIVES:1. Recommend ordinance not be approved based on findings of non-
compliance with the applicable criteria contained within the staff
report;
2. Recommend with directed amendments prior to adoption; or
3. Open and continue the public hearing on the application, with specific
direction to staff to supply additional information or to address
specific items.
FISCAL EFFECTS:None at this time related to this Amendment.
Attachments:
23147 CC Staff Report - STR Affirmative Obligations
Ordinance 2131.pdf
Attachment 1 - Ordinance 2131.pdf
Attachment 2 - STR Affirmative Obligations Memo
01.03.2023.pdf
Attachment 3 - STR Focus Group Summary 02.07.2023.pdf
Report compiled on: June 22, 2023
364
Page 1 of 15
23147 Staff Report for the Short Term Rental Affirmative Obligations Text
Amendment, Ordinance 2131
Public Hearings:
Community Development – June 5, 2023
City Commission – June 27, 2023
Project Description: Amend Bozeman Municipal Code (BMC) Section 38.360.260. Short
Term Rentals to include regulation of hosting platforms that facilitate booking
transactions of short term rentals and revise administrative provisions.
Project Location: Revisions to the text are applicable City-wide in all zoning districts
where short term rentals are currently allowed per Division 38.310 – Permitted Uses.
Recommendation: Meets applicable criteria for approval.
Community Development Board Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 23147 and move to
recommend approval of Ordinance 2131.
City Commission Recommended Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, recommendation from the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the staff report for application 23147, and move to provisionally adopt
Ordinance 2131.
Report: June 22, 2023
Staff Contact: Nakeisha Lyon, Associate Planner
Agenda Item Type: Action – Legislative
365
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 2 of 15
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Project Summary ................................................................................................................. 2
Unresolved Issues ............................................................................................................... 3
Public Comment.................................................................................................................. 3
Community Development Board ........................................................................................ 4
Alternatives ......................................................................................................................... 4
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 5
Section 76-2-304, MCA Zoning Regulations Criteria (A-K) ............................................. 5
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 12
APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 12
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 14
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 15
FISCAL EFFECTS ................................................................................................................. 15
ATTACHMENTS ................................................................................................................... 15
EXECUTIVE SUMMARY
This report is based on the proposed ordinance text and public comment received to date.
Project Summary
Starting in July 2016, The Bozeman City Commission began considering issues related to
short term rentals (STRs) within our community. This ultimately led to the adoption of
Ordinance 1974, which constitute the current standards for STRs denoted in Section
38.360.260 of the BMC. These standards set forth where STRs are allowed to locate based on
type, and require STR hosts to register their rental with the City of Bozeman (City) prior to
operation, and to submit annual renewals. Such registration includes submittal of
information, payment of a registration fee, and completion of a safety inspection prior to city
approval. Since the adoption of these provisions, the prevalence of STRs has increased, and
monitoring of online listings has revealed a significant number of unregistered STRs. The
City has undertaken enforcement efforts to bring more STRs into compliance; these efforts
are time-consuming and costly for city staff.
366
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 3 of 15
Since 2020, the City Commission has received several public comments regarding STRs
from residents, primarily expressing concerns related to long-term rental availability in
Bozeman. Comments received from hosts and property management companies largely
focused on a desire for better enforcement of non-compliant STRs, while calling attention to
the role of STR income in hosts’ ability to meet their mortgage responsibilities and financial
security.
In an effort to balance these factors among other housing concerns, the City Commission
approved the Bozeman Community Housing Action Plan in November 2019, with
amendments in January 2020. This Action Plan recommends on-going evaluation of
regulatory policies related to STRs. Based on these recommendations, the Bozeman City
Commission held a work session in August 2022 to discuss short term rentals.
Within this work session, the City Commission directed staff to update STR regulations in
two phases. The first phase included drafting an Ordinance regulating short term rental
hosting platforms as one measure to increase compliance with existing regulations and to
require regular reporting to obtain more information about STRs in Bozeman. The second
phase will include analysis of the STR types and where they are allowed.
As drafted, Ordinance 2131 (Attachment 1) implements the first phase – regulating hosting
platforms and other measures to increase compliance with existing regulations. It revises the
STR regulations within Sec. 38.360.260 to include obligations for hosting platforms such as
hosting permit requirements for booking transactions, quarterly reporting requirements, and
violation and enforcement provisions regarding the removal of listings from hosting
platforms without a hosting permit. The proposed revisions also include administrative
changes to improve compliance and support enforcement, such as changing the term
“registration” to “permit”, allowing the City to issue administrative subpoenas to obtain
information, requiring hosts to disclose on which platforms they have listed the STR,
requiring regular safety inspections of STRs every three years, and imposing specific civil
penalties for a violation.
Unresolved Issues
None.
Public Comment
Written public comment will be archived and available through the project folder in the
City’s Laserfiche archive. Comments provided orally at public meetings will be available
through the recordings of those public meetings. Links to recordings will be added to this
report as the review of the project moves forward. One written comment and three oral
comments specific to this amendment have been received to date.
Comments regarding this amendment include:
367
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 4 of 15
1. Concerns regarding previous title of item on Community Development Board agenda
being misleading.
2. Concerns regarding the safety inspection requirement every three years by the Fire
Department. (See additional information on page 8).
3. Concerns regarding data collection and reporting requirements of Ordinance 2131.
4. Concerns regarding public engagement with STR hosts for drafting Ordinance 2131.
Community Development Board
The Community Development Board (CDB) met on June 5, 2023 to consider the proposed
amendments. The video recording of the meeting is available through the City’s website.
Discussion of the amendment begins at 7:28 in the recording. Questions to staff begin at
about 19:22 and board discussion at 1:04:19. Three oral public comments were received. The
Board voted 7-0 to recommend approval of the ordinance as written.
Discussion and concerns of the CDB included:
1. Overall support for Ordinance 2131 and the two-phased approach to short term rental
regulation changes.
2. Concerns regarding previous title of item on agenda being misleading.
3. Concerns regarding the safety inspection requirement every three years by the Fire
Department. (See additional information on page 8).
4. Concerns regarding data collection and reporting requirements of Ordinance 2131;
ensuring requested data is necessary for improved compliance.
Alternatives
1. Recommend ordinance not be approved based on findings of non-compliance with the
applicable criteria contained within the staff report;
2. Recommend amendments prior to adoption; or
3. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds the amendments
meet the minimum criteria for approval as proposed.
The Community Development Board in their capacity as the Zoning Commission held a public
hearing on these amendments on June 5, 2023, at 6 pm. The board recommended the amendment
be adopted.
The City Commission will hold a public hearing on the text amendment on June 27, 2023 at 6:00
p.m. and decide whether the proposed amendments should be codified or not.
368
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 5 of 15
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for amendment approval under this title, the advisory boards and City
Commission must consider the following criteria (A-D) and guidelines (E-K). As an amendment
is a legislative action, the Commission has broad latitude to determine a policy direction.
A zone text 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 text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also evaluate guidelines E-K as factors for consideration, and
may find the zone text amendment to be positive, neutral, or negative with regards to these
considerations. To approve the zone text amendment, the Commission must find the positive
outcomes of the amendment outweigh negative outcomes for guidelines E-K.
In determining whether these criteria and guidelines are met, Staff considers the entire body of
plans and regulations for land use and 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 existing municipal code provisions regulating STRs were, at the time of adoption, found to
satisfy all of the required criteria. As such, the focus of this report is only on the amendments
proposed. Where a finding of neutral is presented, it represents that the criteria or guideline has
been considered and the change does not materially advance or detract from compliance.
Therefore, a finding of neutral is not necessarily an indication of a deficiency in the proposed
amendments or the existing standards.
Section 76-2-304, MCA Zoning Regulations Criteria (A-K)
Zoning regulations must be:
A. Be in accordance with a growth policy.
Yes, criterion is met. The proposed amendments are in conformance with the growth policy.
As the growth policy provides a high level vision of how a community hopes to develop over
time, it does not dictate uses or specific standards to the level of detail contained in this
ordinance. However, it does identify issues and priorities for consideration with specific
goals and objectives that are desired outcomes.
The Bozeman Community Plan 2020 (BCP2020), adopted in November 2020, establishes the
City’s policies for growth and regulation of land uses and development. It continues concepts
and community priorities that were established in several prior growth policies. Prior growth
policies encouraged creation of development standards that supported predictable review
processes and addressed areas of community concerns.
369
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 6 of 15
The BCP2020 includes the following relevant goals and objectives:
R-1.1 Be reflective: use past experience to inform future decisions.
R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to
changing circumstances.
R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been
tested and proven to work in similar local or regional contexts.
DCD-4.1 Implement a regulatory environment that supports the Community Plan goals:
Ensure that the Planning Department is supported with the resources required to
effectively implement this plan, to dedicate staff to long range and regional planning
efforts, and to process development applications expeditiously.
With the increased prevalence of STRs within our community, the amount of unregistered
STRs has become a time-consuming and costly challenge for city staff to monitor and
address. In accordance with goal R-1.1, the City continues to be reflective in its discussions
regarding the existing regulation of STRs in order to inform policy decisions that are
appropriate in addressing code compliance issues. Based on the discussion between staff and
City Commission during the Short Term Rental Work Session, platform compliance is one
unique policy option to help improve and increase compliance with existing regulations by
placing more of a burden for compliance on the booking platforms.
The proposed amendments to Sec. 38.360.260 establish platform liability which gives the
City the right to enforce and enact rules and ordinances that penalize hosting platforms that
do not comply with these regulations. The specific obligations on hosting platforms include
that each STR listing must include the City’s STR permit number prior to the occurrence of a
booking transaction, and hosting platforms are responsible for removing unregistered STR
listings from their software or portals to prevent the booking of unregistered STRs when the
platform knows or should know that the host is not in compliance with City regulations.
These proposed amendments strengthen enforcement mechanisms within the City’s STR
program to ensure platforms, hosts, and operators are in compliance with local regulations.
The proposed amendments demonstrate a willingness to adopt alternative strategies in
response to changing circumstances as it relates to STRs within our community per goal R-
1.7. With the rise in utilization of online booking agencies that facilitate STR transactions
such as AirBnB, HomeAway, and VRBO, municipalities across the nation have successfully
implemented affirmative obligation ordinances similar to Ordinance 2131 in order to verify
that homes offered as STRs are lawfully registered in accordance with applicable regulations.
The ability to identify a solution that aligns with national best practices and has worked in
jurisdictions with similar local and/or regional contexts per goal R-2.5 is also demonstrated
by the proposed amendments. Staff has reviewed the STR programs, ordinances, and hosting
obligation regulations of over a dozen municipalities as denoted within Attachment 2 in
order to draft Ordinance 2131 which incorporates best practices for hosting obligation
370
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 7 of 15
regulations that serve to improve compliance and the ability to enforce regulations on
platforms, owners, and operators within our community.
By meeting the three abovementioned goals, the City also is able to further goal DCD-4.1
which strives to implement regulatory environment that supports the Community Plan goals
by ensuring the Planning Department is supported with the resources required to effectively
implement this plan, to dedicate staff to long range and regional planning efforts, and to
process development applications expeditiously. The inclusion of obligations for hosting
platforms provides the necessary mechanisms needed for compliance by the Code
Enforcement Division under Community Development by allowing for a more proactive
administrative enforcement tool rather than only to assess violators after the fact. The ability
for violations to be placed on both hosts and hosting platforms alike promotes increased
awareness of local regulations and strengthens chances of compliance. These proposed
provisions also encourage hosting platforms to work closely with the City in order to ensure
listed STRs are in compliance and provides accurate STR reporting for comparison and
analysis against the City’s current monitoring and tracking software.
The proposed amendments furthers all four of the abovementioned goals by including
specific hosting permit and administrative changes to the existing regulations to provide a
more effective overall STR program. These proposed amendments improve the safety
inspection requirements associated with the STR hosting permit application process to create
a self-certification process for annual renewals, and a required three year fire inspection after
the initial application for active STRs. The incorporation of language regarding affordable
housing incentives and affordability covenants has also been included to ensure that
dwellings built under these affordability provisions may not be used as a STR. Additionally,
language to more effectively administered the program, remove redundancies, and clarify
provisions regarding renewal of a STR hosting permit, termination of the use of a STR and
procedures for lapsed STR hosting permits have been included.
Finally, the level of detail associated with the text amendment is beyond the specificity found
and intended in the Community Plan.
No element of the proposed ordinance affects the future land use map as the process
amendments do not change land use designations or zoning district boundaries. Therefore, no
analysis of correspondence to the future land use map is provided.
B. Secure safety from fire and other dangers.
Yes, criterion is met. Initial inspections by the City’s Fire department help ensure that
locations are safe to be used as a short term rental. As denoted in Sec. 38.360.230.H.3, a fire
inspection is required prior to the issuance of a hosting permit. As proposed with this
ordinance, subsequent inspections will occur every three years by the City’s Fire department
with a self-certification of compliance required during the years in which an inspection is not
required as part of the annual renewal of a STR hosting permit. If a permit lapses for any
371
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 8 of 15
period of time, a new fire inspection is required upon reapplication for a STR hosting permit.
Additionally, upon evidence of non-compliance, the City’s Fire Marshal may require a fire
inspection as deemed necessary. For example, STRs which lack adequate egress from
sleeping areas, fire suppression or access, or compliance with other adopted safety standards
will not be approved.
Discussion by the Board and public comments received on this text amendment at the CDB
hearing expressed concerns on the new three year safety inspection requirement stating a lack
of justification for this requirement and increased cost to STR operators. The board also
questioned whether this requirement is more stringent than safety inspections associated with
hotels or motels, wanting to ensure if STRs are not being held to a higher level of scrutiny.
The incorporation of a three year safety inspection requirement for active STRs is based on
the expertise of the Fire Marshall and Fire Inspectors whom perform these inspections. Many
requirements of the City’s fire safety inspection checklist require ongoing maintenance (i.e.
smoke detectors and fire extinguishers in operable condition), or may be damaged by guests.
This change will allow the Fire Department to better ensure that compliance with fire and
safety codes continues after the initial inspection of the STR in order to reduce safety
hazards.
Regarding inspections of hotels and motels, the Fire Department performs annual inspections
on these establishments. As a commercial lodging use, hotels and motels are built to a higher
life safety standard than a residential dwelling unit because transient guests are not expected
to learn the patterns and functions (such as egress routes) of a structure on a permanent basis.
As short-term rentals do involve renting to transient guest, but may also involve longer
residential use between rentals, the Fire Department believes inspections every three years
will help ensure safe conditions while not being as onerous as the annual inspections required
of hotels and motels.
All applicable development standards and building code standards for fire resistance, exiting,
and other protections remain in place and are applicable to receive a short tern rental permit.
Building and fire standards and codes are designed to mitigate impacts, provide a safe
environment, and protect from various dangers. Please see response to Criterion C also.
C. Promote public health, public safety, and general welfare.
Yes, criterion is met. The existing standards addressing this criterion remain in place such as
floodplain protections, provision of water and sewer services, and similar. Standards remain
for setbacks, light and air, emergency services, and other issues to protect public health and
physical safety. In addition to the fire inspection required prior to STR hosting permit
approval and issuance, the Health Department’s implementation of state law requires a public
accommodation license for all STRs. A public accommodation license requires an inspection
from a local sanitarian which addresses health and safety standards applicable to this use per
Montana Code Annotated § 50-51-301. Any structure which does not pass these inspections
372
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 9 of 15
will not be allowed a STR permit. The City continues to coordinate its review process for
STRs with the Health Department to ensure that all required inspections have been passed
prior to approval of use of an STR.
Sec. 38.360.230.K.1 includes additional suspension, revocation, and administrative and civil
remedies regarding the operation of a short term rental that may fail to comply with the
Bozeman Municipal Code; create a public nuisance or breach of peace, cause danger to
public health, safety, welfare, or morals; cancellation of any associated licenses or
registrations; and securing a STR permit by fraud or misrepresentation. Civil penalties
denoted in Sec. 38.360.230.K.3 may be applicable to any violation not to exceed $500.00 per
day per violation which is applicable to an owner of any STR and a hosting platform.
Additional standards within the BMC remain unchanged by this ordinance; including a
previously adopted noise ordinance to ensure adequate public safety and a healthy
environment. Applicable noise standards are in Chapter 16, article 6, as applicable. See also
responses to Criteria B and D.
D. Facilitate the adequate provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes, criterion is met. Standards for the provision of municipal transportation, water,
sewerage, schools, parks, and other public requirements are not being altered with this
ordinance. STRs are the use of an existing dwelling within a residential or non-residential
zoning district. All dwellings must demonstrate adequacy of services at the time of site-
specific development review. The use of a residence as a STR does not materially change the
essential use of the property, demand for services, or the physical characteristics of the
residential use as it applies to this criterion. Therefore, any proposed STR has previously
demonstrated compliance with public requirements. Additionally, billing for sewer or water
consumption will follow standard practice and offset public expenses.
The city shall also consider:
E. Reasonable provision of adequate light and air.
Yes, criterion is met. No changes within these amendments impact basic standards for
setbacks, maximum building height, dedication of parks, on-site open spaces, or similar
standards The City’s development standards and building code ensure adequate provisions of
light and air through window and air circulation/venting provisions, as well as building
setbacks. The maximum occupancy standards for each STR type remain within Sec.
38.360.260.I. 3 & 4 in order to limit excessive occupancy within a residence. Considering the
code as a whole, the standards listed in this criterion are not being changed with these
amendments. These amendments serve to support and reinforce the existing standards
applicable to this criterion, therefore the standard continues to be met.
F. The effect on motorized and non-motorized transportation systems.
373
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 10 of 15
Yes, criterion is met. No changes within these amendments impact basic standards for
parking, sidewalks, dedication of right of way, provision of and construction of streets, or
similar standards. Transportation impacts and parking compliance are addressed at the time
of site-specific development review through an associated planning application and/or
building permitting process. During the application process for a STR hosting permit, the
number of provided off-street parking spaces available for guests’ use must be demonstrated.
Considering the code as a whole, the standards listed in this criterion are not being changed
with these amendments. These amendments serve to support and reinforce the existing
standards applicable to this criterion, therefore the standard continues to be met.
G. Promotion of compatible urban growth.
Yes, criterion is met. An STR is a use of a previously approved dwelling. Any zoning district
that allows homes has been reviewed and found to be consistent with this criterion. These
amendments do not change any development standard which would relate to urban growth
within the City nor impede on the expansion of the City through urban development
practices. Existing standards have been adopted by the City to identify and avoid or mitigate
demonstrable negative impacts of urban growth within the applicable subdivision review
processes, site plan applications, and/or building permitting processes. Therefore,
considering the code as a whole, the standards listed in this criterion are not being changed
with these amendments and therefore the standard continues to be met.
H. Character of the district.
Yes, criterion is met. All zoning districts provide for a variety of principal and conditional
uses which vary by intensity and likely size dependent upon the intention of the district. No
single use defines the entirety of any zoning district. Residences, in some form, are a
principal use within all residential zoning districts. Within commercial, mixed use, and
industrial zoning districts, residential uses may be a principal, special or accessory use. Short
term rentals (STRs) are a form of a residential use and were previously determined to be
consistent with the overall character of each district at the time the adoption of Ordinance
1974. As the proposed “affirmative obligations” ordinance does not change where STRs are
allowed, this criterion remains met.
Structures that contain a STR must abide by the same physical standards for setbacks,
building heights, lot coverage and others which apply in each zoning district. The inclusion
of hosting platform obligations within Sec. 38.360.260.J adds reporting requirements for
hosting platforms to provide STR information to the city and obligates hosting platforms to
remove listings in violation per Sec. 38.360.260.J in addition to other enforcement provisions
within Sec. 38.360.260.K previously mentioned within criterion C. These reporting and
enforcement measures will enable better compliance with city requirements and will serve to
support the maintenance of the character of each zoning district. The combination of uses and
other characteristics remain intact and were previously found to be consistent with this
374
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 11 of 15
criterion. These amendments serve to support and reinforce the existing standards applicable
to this criterion, therefore the standard continues to be met.
I. Peculiar suitability for particular uses.
Yes, criterion is met. Any zoning district that allows homes and STR has been reviewed and
found to be consistent with the criterion. The proposed amendments do not change any
zoning districts, boundaries, or uses within the land development regulations. STRs are the
use of an existing dwelling within a residential or non-residential zoning district which have
previously been found to be appropriate based on their location and conformance with
existing standards. The authorized use tables which denote the types of STRs allowed within
the City are not changing with this ordinance, and have been previously reviewed for
consistency with the intent and purpose of individual districts and found to be appropriate.
These proposed amendments revise the text only and not the zoning map. Placing affirmative
obligations on STR hosting platforms will support compliance with all laws and should result
in removal of listings of STRs that are not in compliance with laws. These measures will help
the City better be able to monitor the compliance of active STRs and ensure the regulatory
requirements are being met which were relied upon in finding zoning consistent with this
criterion. Therefore, considering the code as a whole, the standards listed in this criterion are
not being changed with these amendments and therefore the standard continues to be met.
J. Conserving the value of buildings.
Yes, criterion is met. The proposed amendments do not change any districts or uses which
would cause buildings to become non-conforming to the district in which they are located. The
hosting platform obligations for STRs do not alter the standards for building location, size, or
other physical development standards. The existing standards for STRs offset or prevent the
physical effects of their use. Adequate services such as parking and utilities must be provided
prior to approval of a hosting permit. Considering the code as a whole, the standards listed in
this criterion are not being changed with these amendments. These amendments serve to
support and reinforce the existing standards applicable to this criterion, therefore the standard
continues to be met.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes, criterion is met. The proposed amendments do not alter the allowed uses in zoning
districts nor growth policy designations adopted in the Community Plan 2020. The zoning
map and future land use map of the growth policy identify areas where specific uses, such as
varying forms of residences, are generally appropriate. The use of a dwelling as a STR has
been previously found to be an appropriate use and has similar impacts to other uses allowed
in the zoning districts as denoted in Criterion H. The types of STRs allowed remain
unchanged with this ordinance.
As both the zoning map and future land use map do not authorize construction of residences,
the existing site specific development processes serve to evaluate the appropriateness of a use
375
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 12 of 15
of land in this regard and ensure the use conforms to the necessary development standards.
These standards will continue to be required, therefore, if a dwelling has not already been
approved and deemed appropriate for an area, a STR will not be allowed under this
ordinance. The proposed amendments do change the review process for a STR and includes
additional obligations for hosting platforms which provide specific violation processes to
help ensure that this criterion is met.
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.
As of the writing of this report, no written protest against the changes have been received. APPENDIX A - DETAILED BACKGROUND AND PROJECT
DESCRIPTION
The City Commission spent considerable time on the regulation of STRs in 2016 and 2017
culminating in the adoption of Ordinance 1974 (creating the current standards for STRs
found in the Bozeman Municipal Code in Sec. 38.360.260). The City Commission received a
memo from the Economic Development Department prior to the Short Term Rental Work
Session on August 9, 2022 which has a detailed background of the history of the
Commission’s discussion and direction on STRs, the regulatory structure of the City’s
376
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 13 of 15
existing STR policies, and any previous public outreach and research conducted. This work
session was held with the Commission to discuss short term rentals and their influence on the
local housing market and affordability.
During this discussion, staff presented several policy options for consideration by the City
Commission. This included policies regarding enhancing STR compliance, analyzing the cost
of services for administration of the STR program, further researching potential impacts on
limiting STRs by zoning districts or types, and other regulatory methods. The City
Commission supported improving compliance of STRs with existing regulations by placing
more of the burden for compliance on the STR hosting platforms. Placing affirmative
obligations on STR hosting platforms, like Airbnb and VRBO, require compliance with all
laws, remove listings of STRs that are not in compliance with laws, include the City permit
number and the permit for all STR listings, and provide a quarterly report to the City about
STRs listed on their platforms within City limits. These measures will help the City better be
able to monitor the compliance of active STRs and ensure the regulatory requirements are
being met.
Based on this discussion, the City Commission directed staff to draft an Ordinance regulating
short term rental online booking platforms as one measure to increase compliance with
existing regulations. Since this direction was given, Staff has conducted additional research
in evaluating how imposing affirmative obligations on hosting platforms has been
implemented and functions in other communities, other hosting platform responsibilities, and
recommendations for the City Commission to consider which is detailed in Attachment 2.
This memorandum provides four key recommendations that the City should pursue which
have been incorporated into Ordinance 2131.
In addition to the City Commission’s direction to draft this Ordinance, staff was also directed
to engage with STR owners about potential interest to convert STRs into long term rentals
(LTRs) in order to gather feedback on motivations, incentives, and barriers to converting
STRs to LTRs. This focus group was held on January 18, 2023 between city staff from
Communications, Legal, Planning Division, and Community Housing Program and 13 STR
owners. Further details on these discussions are provided in Attachment 3. One of the main
concerns denoted within these discussions focused on the lack of enforcement and
compliance with existing STR regulations.
With these priorities and discussions in consideration, Ordinance 2131 revises the STR
regulations within Sec. 38.360.260 to include obligations for hosting platforms and
administrative changes to improve compliance and enforcement as discussed below:
Enforcement
• Inclusion of Sec. 38.360.030.J. Hosting Platform Obligations
o Quarterly reporting requirements of hosting platforms to the City of Bozeman
Reports to include; addresses of STRs that have conducted a booking
transaction, the name of the owner or responsible person associated
377
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 14 of 15
with said booking transaction, length of stay for said booking
transaction, and price paid for said booking transaction
o Requirement of the city STR permit number prior to booking transaction.
o Duty to remove STR listings which are in violation of these provisions and
others within the Bozeman Municipal Code
• Inclusion of Additional Violation Opportunities
o Addition of City’s ability to impose administrative remedies and civil action
proceedings
o Addition of civil penalties to be recovered on a violation by an owner or
hosting platforms
Hosting Permit
• Language change from STR Registration to STR Hosting Permit
• Changes to Safety Inspections
o Inclusion of fire inspections every three years after initial for an active STR
o Self-certification on an annual basis
• Removal of noticing requirements for Type 2 STRs
• Removal of City requirement to maintain an online listing of all STR Hosting Permits
• Clarification on renewal process, termination of use, and requirement for new hosting
permit if lapsed
Administrative Changes
• Residences receiving affordable housing incentives and under affordability covenants
may not be used as a STR
• Inclusion of application to include all hosting platforms in which the STR will be
listed
• Addition of ability of the City to issue administrative subpoenas if necessary to obtain
information regarding a STR or booking transaction
Definitions
• Inclusion of booking transaction definition
• Expansion on hosting platform definition
• Inclusion of evidence to be provided for owner occupancy
• Removal of furnishing characteristic related to transient occupancy
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle on 5/20/2023, 6/03/2023, and 6/17/2023. These
notices contain all required elements. Notice was provided at least 15 days before the public
hearing conducted by the Community Development Board in their capacity as the Zoning
Commission, and not more than 45 days prior to the City Commission public hearing.
Hearing dates are on the first page of this report.
378
23147, Staff Report for Short Term Rental Hosting Platform Obligations ZTA Page 15 of 15
One written public comment and three oral public comments ha been received so far on this
Ordinance. Comments are available through the Laserfiche archive and the video recording
of the CDB meeting starting at 54:23.
Comments regarding this amendment include:
1. Concerns regarding previous title of item on agenda being misleading.
2. Concerns regarding the safety inspection requirement every three years by the Fire
Department. (See additional information on page 8).
3. Concerns regarding data collection and reporting requirements of Ordinance 2131.
4. Concerns regarding public engagement with STR hosts for drafting Ordinance 2131.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman, MT 59771
Report By: Nakeisha Lyon, Associate Planner
FISCAL EFFECTS
None at this time related to this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Attachment 1: Draft Ordinance 2131
Attachment 2: STR Affirmative Obligations Memo - January 3, 2023
Attachment 3: Short Term Rental Focus Group Summary - February 7, 2023
379
Ord 2131
Page 1 of 13
ORDINANCE 2131
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO GENERALLY REVISE BOZEMAN MUNICIPAL CODE SECTION
38.360.260 – SHORT TERM RENTALS TO INCLUDE REGULATION OF HOSTING
PLATFORMS THAT FACILITATE BOOKING TRANSACTIONS OF SHORT TERM
RENTALS AND REVISE ADMINISTRATIVE PROVISIONS
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
WHEREAS, pursuant to the Bozeman City Charter, the City of Bozeman has adopted
and is hereby relying upon its self-government powers recognizing pursuant to Montana law
such self-government powers must be liberally construed in favor of such power; and
WHEREAS, after proper notice, the Community Development Board in their capacity as
Bozeman Zoning Commission held a public hearing on June 5, 2023 to receive and review all
written and oral testimony on the proposed amendments; and
WHEREAS, the Community Development Board acting in their capacity as the Bozeman
Zoning Commission recommended to the Bozeman City Commission that Ordinance 2131, be
approved as proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on June 27,
2023 to receive and review all written and oral testimony on the proposed amendment to the
subdivision regulations; and
WHEREAS, the City Commission has reviewed and considered the applicable
amendment criteria established in Montana Code Annotated § 76-2-304, and found that the
proposed amendments are in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
380
Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
Page 2 of 13
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The Montana Constitution, in Article XI, § 4 mandates to liberally construe the powers of
incorporated cities, and Article XI, § 6 of the Montana Constitution expressly authorizes a local
government with self-government powers to exercise any power not prohibited by the constitution,
law, or charter.
2. The City has adopted land development and use standards to protect public health, safety and
welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304,
76-3-102, and 76-3-501.
3. The City adopted Ordinance 1974 in November 2017 placing restrictions on short-term rentals.
The City is aware that a significant portion of short-term rentals within the City are not currently
in compliance with adopted regulations. Requiring information from hosting platforms is
demonstrated by other communities to enhance compliance and the City Commission finds doing
so is reasonably related to assuring compliance with the City of Bozeman’s short term rental
regulations.
4. The City Commission approved The Bozeman Community Housing Action Plan on November
18, 2019, which was amended on January 13, 2020. The Action Plan recommends on-going
evaluation of regulatory policies including: prohibiting or limiting the use of homes for short-term
rentals in specified neighborhoods or zones; placing resident-occupancy requirements on units that
are rented short-term (e.g. rent bedroom only, ADU and primary home cannot both be an STR,
etc); requiring an owner to register the short-term rental and authorizing the city to charge fees; or
other options.
5. On August 9, 2022, the Bozeman City Commission held a work session to discuss short term
rentals and their influence on the local housing market and affordability. The City Commission
directed staff to draft an Ordinance regulating short term rental online booking platforms as one
measure to increase compliance with existing regulations, to require regular reporting to obtain
more information about short term rentals in Bozeman.
6. City staff prepared a report analyzing the required criteria for an amendment to the City’s
regulations for zoning review, including the amendment’s accordance with the BCP 2020, and
found that the required criteria of Montana Code Annotated § 76-1-304 are satisfied.
381
Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
Page 3 of 13
7. The City Commission determines that the ordinance provides a proper balance of interests,
rights, and responsibilities of all parties affected by the ordinance.
Section 2
That Section 38.360.260 of the Bozeman Municipal Code be amended as follows:
Sec. 38.360.260. Short term rentals.
A. Purpose and intent. The purpose of this article section is to provide for the regulation of short term rentals in certain zoning districts within the city in order to preserve neighborhood character and promote a supply of long term rental housing stock, while encouraging economic activity and diversity, and to promote public health, safety, and
welfare.
B. Applicability.
1. The provisions of this article section apply only to transient occupancy of a short term rentals as defined herein.
2. This article section does not apply to any rental of a dwelling unit which is governed
and defined by The Montana Residential Landlord and Tenant Act of 1977 (Landlord
Tenant Act). This article applies only to transient occupancy of a short term rental as defined herein.
3. A lower-priced or moderate-priced home subject to and defined by chapter 38, article 380, or a dwelling that received financial support from the city, including but not
limited to down payment assistance, impact fee payment, or other consideration
including affordable units developed using regulatory incentives, infrastructure prioritization or assistance or a financial subsidy, may not be used as a short term rental until such time as either the lien instrument against the property in favor of the city securing the amount of such subsidy has been released and the release recorded
with the Gallatin County Clerk and Recorder's Office or the expiration of an applicable
affordability covenant. The prohibition on use as a short term rental under this subsection will continue until the later of a lien release or expiration of an affordability covenant.
C. Definitions. For purposes of this article, the following definitions apply:
1. Booking transaction means any reservation or payment service provided by a hosting
platform that facilitates a short term rental transaction between an owner and a transient occupant.
12. Hosting platform means a person or entity that provides a means through which an owner may advertise and offer for rent a short term rental to the general public.
participates in the short term rental business by collecting or receiving a fee directly or
indirectly for any booking transaction through which an owner may offer a dwelling unit or portion thereof for transient occupancy. Hosting platform includes but is not
382
Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
Page 4 of 13
limited to an online service and an individual using any other means to collect or receive a fee on behalf of an owner for a transient occupancy of a short term rental.
23. Owner includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, or lessee with exclusive possession under a valid long-term lease or rental
agreement.
34. Owner-occupied means the owner provides the city evidence the owner occupies the dwelling as his or her principal residence for more than 50 percent of the calendar year.
45. Operate, oOperation of, or operating a short term rental means the short term rental has been rented by or on behalf of the owner to the general public for compensation for
transient occupancy. “Operate” "oOperation of" or "operating" a short term rental does
not include mere advertisement of or offering to rent short term rental(s).
56. Responsible person means the person responsible for addressing all maintenance, nuisance, and safety concerns related to a short term rental.
67. Short term rental is defined in article 7 of this chapter.
78. Transient occupancy of a short term rental means occupancy which has the following
characteristics:
a. The period of occupancy is less than 28 consecutive days, and
b. The renter has a principal residence other than the short term rental., and
c. The short term rental is furnished with personal property necessary to make the
unit ready for immediate occupancy by the renter.
D. Short term rental classifications. Short terms rentals are classified as:
1. Type-1: A short term rental of one or more bedrooms in an owner-occupied dwelling while the owner is occupying the same dwelling unit for the entire rental period.
2. Type-2:
a. A short term rental of an owner-occupied dwelling if the owner is not occupying the dwelling during the entire rental period.
b. A short term rental of a permitted accessory dwelling unit (ADU) whether or not the ADU's owner is present in the primary dwelling unit during the rental period.
c. A short term rental of one dwelling unit within a duplex whether or not the
duplex's owner is present in the duplex's other dwelling unit during the rental period.
3. Type-3: A short term rental that is not owner-occupied.
E. Where allowed. An owner may operate a short term rental in all zoning districts where such use is authorized in Chapter 38, articles 8-11 and 14 subject to the requirements of this
article chapter.
F. Compliance with laws.
383
Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
Page 5 of 13
1. In addition to the provisions of this article chapter, the short term rental owner must comply with all other applicable local, state and federal laws, including but not limited to city parking regulations, including time limitations and ADA parking restrictions; lodging facility use tax and accommodations sales tax regulations; health department
permitting requirements; the Americans with Disabilities Act; fair housing laws;
building codes and fire codes, and the non-discrimination provisions in chapter 24, article 10. Loss of any required permit or license will result in revocation of the short term rental registration in accordance with subsection J of this section.
2. Compliance with all applicable laws and regulations is the sole responsibility of the
owner. and cCity approval of an application for short term rental registration in no way
waives or transfers to the city such responsibility. In addition, the owner is solely responsible for verifying the use of a property as a short term rental is compatible with insurance and mortgage contracts, home owners' association covenants, rental agreements and any other contracts which govern the use of the property.
G. Administration. The director will collect all registration permit fees and will issue
registrations permits and renewals thereof in the name of the city to all persons qualified under the provisions of this article chapter and has the power to:
1. Make rules. The director will promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this article section. All rules
are subject to city commission review and modification.
2. Adopt forms. The director will adopt all forms and prescribe the information to be given therein.
3. Obtain approvals. The director will submit all applications to interested city officials for their approval as to compliance by the applicant with all city regulations which they
have the duty of enforcing.
4. Investigate. The director will investigate and determine the eligibility of any applicant for a short term rental registration permit as prescribed herein.
5. Examine records. The director may examine the books and records of any applicant when reasonably necessary to the administration and enforcement of this article
section. The city may issue administrative subpoenas as necessary to obtain information regarding a short term rental or booking transaction.
6. Give notice. The director shall notify any applicant of the acceptance or rejection of the application and will, upon the director's refusal of any registration, permit and at the applicant's request, state in writing the reasons for the denial therefor and deliver it
them to the applicant.
7. Record keeping. The director will maintain at all times a record of registered permitted short term rentals, including the full name of each registrant permittee, the address at which such short term rental is operated, the date of issuance, the fee paid therefor, the telephone and address of the applicant, and the time such registration permit will
continue in force effect.
384
Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
Page 6 of 13
H. Registration Hosting Permits. The following requirements apply to all short term rentals registrations permits unless otherwise noted.
1. General. It is unlawful for any person to operate within the city a short term rental without having first obtained approval for a registered the short term rental permit with
the department of community development. A separate permit registration shall be
required for each short term rental. Approval of a short term rental application results in the city issuing a permit for the short term rental.
2. Application; submittal materials. The applicant must complete and submit an application for a short term rental registration permit to the department of community
development using a form provided by the city. The form will include an
acknowledgement and agreement the short term rental meets and will continue to meet the definition of short term rental classification (Type-1, Type-2, or Type-3) during the registration permit term. Before the application will be accepted by the director, the applicant must provide:
a. The name, telephone number, address, and email address of all property owners
and of the responsible person, if different. If the property owner is a business, the name(s) and contact information of all business owners must be provided.
b. The Montana Department of Revenue tax registration number for the short term rental.
c. A sketch plan with a description of the short term rental, including street address,
number of bedrooms, and number of off-street parking spaces available for guests' use.
d. Certification the short term rental meets and will continue to meet the definition of short term rental classification (Type-1, Type-2, or Type-3) during the
registration term.
e. For Type-2 and Type-3 short term rentals, certification the applicant has read and understood the standards in subsection I of this section and the property applied for meets the standards.
f. For Type-2 short term rentals in residential zoning districts, certification that
residents adjacent to the proposed short term rental have been provided written notice in accordance with subsection 6 of this subsection.
g. All hosting platforms on which the short term rental is listed.
hg. The registration permit fee and fire inspection fee.
3. Safety inspections.
a. Initial inspection. Prior to issuance of the first short term rental registration permit for any property, an inspection by the city fire department must be completed and signed off by a city fire inspector, or by an NFPA or ICC-certified fire inspector using an inspection form approved by the city fire marshal. A fire inspection checklist form will be provided to the applicant with the application materials. If a
short term rental registration permit lapses for any period of time, upon
385
Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
Page 7 of 13
reapplication for registration a permit an inspection must be completed and signed off as described in this subsection before the short term rental registration permit will be issued.
b. Re-inspection. If re-inspection or multiple visits by a fire inspector are required
before the inspection form may be signed, an additional inspection fees will apply
for each inspection after the initial inspection.
c. Subsequent inspections; self-certification. A short term rental must be inspected by the city fire department every three years. The applicant must self-certify continued compliance with each item on a fire inspection checklist upon annual
renewal of a permit for each year that an inspection is not required. The city fire
marshal may require a repeat inspection on a periodic basis, and at any time upon complaint or evidence of noncompliance. Applications for annual renewal of registration will include a self-certification by the applicant that they continue to comply with the fire inspection checklist. By applying for renewal of registration,
the applicant will acknowledge and agree that the city may randomly select a
certain percentage, not to exceed ten percent, of the renewal applications for a full inspection as described in subsection (a). If selected, the registration renewal will be conditioned on completion of the fire inspection and payment of the fire inspection fee. The owner of a short term rental selected for a full inspection will
be allowed to continue to operate the short term rental pending completion of the
inspection, provided all other renewal requirements have been met.
4. Safety hazards. The short term rental owner acknowledges that the city, or any authorized representative thereof, have the right to suspend operation of any short term rental when the city determines the rental is causing or contributing to an imminent
public health or safety hazard.
5. Fees. Short term rental registration permit and inspection fees shall be established by resolution of the city commission.
6. Additional notice requirements for registrations permit and registration permit renewals of Type-2 short term rentals in residential zoning districts. The applicant for
a Type-2 short term rental registration permit in a residential zoning district included in section 38.310.030 must give notice on a form provided by the city to each residence adjacent, including those residences adjacent across a public right-of-way and properties connected to the applicant's property by property corners. The notice must include a description of the proposed use and the name, address, telephone number and
email address (if any) of the responsible person.
67. Issuance of registration permit. Once the applicant submits the completed application form, all required submittal materials, and registration and inspection fees, the director will review the application form and submittal materials and determine whether the short term rental meets all city requirements for registration permit. The city will
director may issue the short term rental registration permit when:
a. The director determines the short term rental meets all city requirements for registration a permit; and
386
Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
Page 8 of 13
b. The applicant has provided either a signed pre-operational inspection report from the health department indicating the short term rental may operate as a public accommodation or a valid and current public accommodation license issued by the state of Montana department of health and human services pursuant to Title
50, Chapter 51, MCA.
8. Listing of registration. The short term rental registration form will require the applicant to agree to inclusion in an online listing of short term rentals registered with the city.
79. Display of short term rental registration number. The owner must include the short term rental registration permit number issued by the city in all listings and
advertisements, of the owner’s short term rental on any hosting platform and print
advertising.
810. Change in ownership. A short term rental registration permit does not run with the land, and a change in ownership of the short term rental terminates the registration permit. The new owner wishing to continue operation of the property as a short term
rental must apply for registration a new permit following the process described in this
section.
911. Expiration. Registrations Permits issued pursuant to this article section are valid for one year from the month in which such registration permit is issued and will expire automatically unless renewed in accordance with this section.
102. Renewal. The registrant may apply to renew the registration permit annually using a
form provided by the city. Renewals must comply with the requirements of this code which are in place at the time of renewal. Failure of an applicant to renew a permit results in the termination of the lawful use of a property as a short term rental. It is the registrant's permitee’s responsibility to renew the registration permit on time even if a
courtesy reminder is not received by the registrant. prior to the expiration of the permit. Failure of an applicant to renew a short term rental permit prior to the expiration of the current permit period requires the applicant to file a new permit application for a short term rental and is subject to the initial inspection and fee.
I. Short term rental standards. The following requirements apply only to Type-2 and Type-3
short term rentals unless otherwise noted.
1. Short term rental agreement; written rules for guests. The short term rental owner must enter into a written rental agreement with the guest for each stay in the short term rental.
a. The guest must be provided with a written list of rules applicable to the short term
rental with the rental agreement, and the rental agreement must include a written acknowledgement by the renters of their agreement to comply with such rules.
b. The list of rules must include those rules required by this article section to be included.
c. The list of rules must be prominently displayed within the short term rental.
387
Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
Page 9 of 13
2. Responsible person. The applicant short term rental owner must designate a person responsible for addressing all maintenance, nuisance, and safety concerns related to a short term rental. The responsible person must be available to take and respond to reports of concerns and complaints 24 hours per day, 7 days per week during the
registration term. The name and contact information for the responsible person must be
included in the list of rules.
3. Maximum occupancy for Type-2 and Type-3 short term rentals. The maximum occupancy of a Type-2 or Type-3 short term rental is two persons per bedroom plus two additional persons, except that this number may be reduced by the city based on
available parking spaces. The maximum occupancy will be noted on the short term
rental registration and must be included in the list of short term rental rules.
4. Maximum number of bedrooms that may be rented in a Type-1 short term rental; maximum occupancy. The owner of a Type-1 short term rental may rent or offer for rent up to two bedrooms in the dwelling, except that in a two-bedroom dwelling, only
one bedroom may be rented or offered for rent. No other area of the dwelling may be
rented or offered for rent. The maximum occupancy of a Type-1 short term rental is two persons per bedroom.
5. Trash removal. The responsible person must ensure proper disposal of solid waste pursuant to local and state rules, regulations and laws. The schedule for trash and
recycling collection and instructions for proper disposal must be included within the
short term rental rules.
6. Signage. Exterior signs identifying the unit as a short term rental are prohibited on short term rentals. During a rental period, there must be a sign posted inside the front door of the short term rental showing the locations of all fire extinguishers in the unit,
the gas shut-off valve, and fire exits.
7. Noise and nuisance.
a. The owner of the short term rental must ensure that use of the short term rental by guests is in compliance with the noise provisions of chapter 16, article 6 and all nuisance provisions of the Bozeman Municipal Code.
b. A prohibition against making loud noise in such a manner as to disturb the quiet, comfort or repose of a reasonable person of normal sensitivity must be included in the short term rental rules.
c. All outdoor activities producing noise discernible from a neighboring property shall cease by 10:00 p.m. This requirement must be included in the short term
rental rules.
J. Hosting Platforms Obligations
1. Compliance with laws. In addition to the provisions of this section, a hosting platform must comply with all other applicable local, state and federal laws.
2. Reporting requirements. A hosting platform must provide a report to the city on a
quarterly basis that includes, but is not limited to the following:
388
Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
Page 10 of 13
a. The address of each short term rental located in the city for which it conducts a booking transaction;
b. The name of any owner or responsible person for each transient occupancy for which the hosting platform conducted a booking transaction;
c. The length of stay for each transient occupancy for which the hosting platform
conducted a booking transaction; and
d. The price paid for each booking transaction.
3. Required information for booking transaction. A hosting platform must include the city permit number and the permit in all hosting platforms’ publicly available listings prior to
performing a booking transaction for each short term rental within the city.
4. Obligation to remove listings. If the hosting platform has reason to believe a short term rental is in violation of any provision of this code, including but not limited to notice from the city of a violation or an owner’s failure to supply to the hosting platform the city permit number or the permit for the short term rental, the hosting platform must remove the listing
from its hosting platform within five business days.
JK. Violations; enforcement.
1. Registration suspension or revocation. The director may suspend or revoke a short term rental registration permit, impose administrative remedies as provided herein, or
enforce a suspension or revocation through a civil action when the registrant permittee
commits one or more of the following acts or omissions:
a. Failure to comply with any provision of this article code;
b. Operating or allowing the operation of the short term rental in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the
public health, safety, welfare or morals, or interfere with the rights of abutting property owners;
c. Cancellation of the health department's public accommodation license, tax authority registration, or any other required permit; or
d. The securing of the registration permit by fraud or misrepresentation, to
specifically include including but not limited to supplying false or incorrect information on the registration permit application.
2. Procedure. Should the director decide to suspend or revoke a registration permit, the registrant permittee will be given notice and an opportunity to respond following the procedures in this subsection, except that should the director determine the short term
rental or its operation present a safety hazard or require immediate remedy, the director may order operation of the short term rental to cease immediately.
a. The registrant will be notified in writing by the director at least seven days prior to the action contemplated and the reasons therefore.
389
Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
Page 11 of 13
b. Upon receipt of the notice, the registrant may request a meeting with the director. Such request must be in writing and must be received by the director within seven days of the registrant's receipt of the notice. Failure on the part of the registrant to request in writing a meeting and within the specified time period shall be a waiver
of the registrant's right to a meeting.
c. If a meeting is requested by the registrant, the director will set a time, date and place and will so notify the registrant, in writing.
d. When a meeting is conducted, the city will present the evidence supporting the contemplated action. The director may request evidence be presented by other
parties. The registrant may present evidence. The director will take all evidence
admitted under advisement and once a decision has been made the director will notify the registrant of the findings and decision in writing.
3. Civil Penalty. The director may recover the following civil penalties for any violation of this section. Each day a violation continues constitutes a separate violation.
a. For any violation by an owner, the director may recover a civil penalty of not
more than $500.00.
b. For any violation by a hosting platform, the director may recover a civil penalty of not more than $500.00.
34. Appeal. Any person An aggrieved person by a decision of the director will have the
right may file an application to appeal the matter to the city commission according to
by following the procedures in section 38.250.030.
45. Unpaid fee constitutes debt. The amount of any unpaid fee, the payment of which is required hereunder, constitutes a debt due the city.
56. Violation constitutes a misdemeanor. In addition to suspension or revocation under
subsection A of this section, or the imposition of a civil penalty as provided herein, a knowing
violation of this article constitutes a misdemeanor punishable as described in section
38.200.160 except a person may not be imprisoned for a violation of this section.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
390
Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
Page 12 of 13
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall be codified as indicated in Section 2.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 20__.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
391
Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
Page 13 of 13
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
392
1
Memorandum
REPORT TO: Jeff Mihelich, City Manager
FROM: Nakeisha Lyon, Planner II
Renata Munfrada, Community Housing Program Coordinator
SUBJECT: Affirmative Obligations for Short Term Rental Booking Platforms
DATE: January 3, 2023
Background
The evolution of the short-term rental landscape is persistent and city planners need to prepare a strategy
that allows communities to safely accommodate visitors and reap the rewards of this growth. Because
short-term rentals help meet a need for diverse income streams both now and in the future, communities
have a tremendous amount of tax, permit, and license revenue at stake through proper compliance
programs.
To implement any type of effective short-term rental regulation, local governments must expect to invest
some level of staff time and resources in compliance monitoring and enforcement. Local governments
may also adopt fine structures that adequately incentivize short-term hosts and booking platforms to
comply with the adopted regulations. Ideally, the fines should be proportionate to the economic gains
that potential violators can realize from breaking the rules, and fines should be increased for repeat
violators.
Booking Platforms
Booking platforms are businesses that provide online accommodation booking services for short-term
rental accommodations. Companies like Airbnb operate like an online marketplace to list, explore, and
book both short-term and long-term housing accommodations. Its platform connects hosts and guests,
facilitates communication with one another to reserve and book short or long-term rental
accommodations, and provides payment processing services at the time of booking.
A booking agency participates in the short-term rental business by providing, and collecting a fee for
booking services through which an owner may offer a dwelling unit for rent. Hosting platforms provide
booking services through an online platform that allows an owner to advertise the dwelling unit through
a website.
Airbnb charges no fees when a host lists a property on the platform, nor does it own or operate any of
the properties. Rather, it makes money by collecting a services fee from both the guest and the host,
determined as a percentage of the accommodation fee set solely by the host, which compensates Airbnb
for its publishing, listing, and booking services. The fee is collected instantaneously at the time of booking.
393
2
Platform Compliance
Communities typically enforce their short-term rental obligations in accordance with a generally
applicable enforcement provision contained in the code of ordinances or zoning ordinance, or through a
specific enforcement provision incorporated into the short-term rental regulations. Violation of the short-
term rental ordinance is subject to the same penalties and procedures as a violation of any other provision
in the zoning code, which can include fines or a stop order.
One unique policy option that has seen success in other communities is to improve compliance with
existing regulations by placing more of the burden for compliance on the short-term rental booking
platforms.
Municipalities could require booking platforms like Airbnb, HomeAway, and Vrbo to verify that any home
offered for short-term rental is lawfully registered with the City before the platform may provide, or
collect a booking fee for booking service of the unit. In this way, the City will be better able to monitor
the compliance of active short-term rentals and ensure the regulatory requirements are being met.
The platform may also be required to submit a monthly report, or affidavit of compliance, to the City
affirming that they have exercised reasonable care to verify that hosts utilizing the service are lawfully
registered.
Establishing platform liability gives local governments the ability to enforce and enact rules and
ordinances that penalize platforms that do not comply with regulations. Placing affirmative obligations on
booking platforms strengthens enforcement mechanisms and helps ensure that short-term rental
operators are in compliance with local regulations.
Affirmative Obligations
An affirmative duty is a legal obligation that requires some effort, or reasonable care, to satisfy. According
to the American Law Register, “to constitute actionable negligence there must concur three essential
elements – a duty of care, a breach of that duty by negligent act or omission, and injury naturally resulting
therefrom.” Failure to exercise reasonable care results in negligence. This is the original conception of a
duty to take precaution to insure inevitable legal incidents are avoided.
A duty to prevent illegal activity arises when nonfeasance can be avoided by taking affirmative
precautions. These onerous positive duties usually deal with the obligations of the owners, possessors,
and users of real and personal property, and those carrying on business. In the context of short-term
rental booking activity, the booking agency is not a stranger to the transaction – collecting a booking fee
for booking service – and is rather a participant. Therefore, the agency may reasonably be required to
bear the burden along with the benefit.
In line with the concepts of duty of care and negligence, local policy makers have begun placing affirmative
duties – or requirements to confirm the legality of the rental listing – on booking platforms directly.
Models for Implementing Affirmative Obligations
In order to strengthen enforcement of short-term rental regulations, many major cities like Santa Monica,
San Francisco, Boston, Denver, and Honolulu have implemented affirmative obligations on booking
agencies like Airbnb. These cities have started citing booking platforms as accomplices to unlawful renting
activity – agencies that allow hosts to book unregistered short-term rental units are participants in each
394
3
illegal transaction. Imposing onerous affirmative duties on these agencies effectively prevents illegal
transactions and boosts compliance.
Santa Monica, California
After maintaining a multi-decade prohibition against short-term rentals in residential districts, in 2015,
the City eased this prohibition by authorizing a form of short-term rentals known as home-sharing, which
permits City residents who obtain a City license to host visitors for compensation for a period of less than
31 days, as long as the resident and visitor are both present in the home. Un-hosted short-term rentals of
residential housing, known as vacation rentals, remain unlawful in Santa Monica. This legislation struck
an important balance by enabling current and prospective residents to supplement income through
home-sharing, while ensuring that Santa Monica’s housing units would not be surreptitiously or openly
converted into de facto hotels.
One of the chief issues facing local governments as they contend with regulation of short-term rental
marketplaces is the trouble of enforcing whatever framework they develop. In 2015 the Santa Monica
City Council adopted the Home-Sharing Ordinance thereby amending and revising Chapter 6.20 of the
Santa Monica Municipal Code to strengthen regulation of home-sharing and vacation rentals. In 2019
amendments to the ordinance containing listing and advertising requirements were adopted. The
ordinance imposes four obligations on short-term rental booking platforms: 1) collecting and remitting
applicable taxes; 2) regularly disclosing listings and booking information to the City; 3) refraining from
booking properties that are not licensed and listed on the City’s registry; and 4) refraining from collecting
a fee for ancillary services.
The administrative fine amounts for advertising, facilitating or operating a vacation rental start at $1000
per day, per violation, and increases if the violations continue. There may be other associated penalties
and costs in addition to administrative fines, including the cost of investigation. Failure to comply with
administrative citations may lead to referral to the City Attorney’s Office for prosecution or other legal
options.
HomeAway & Airbnb v. Santa Monica
The ordinance effectively prevents and penalizes online booking platforms for unlawfully booking short-
term vacation rentals of unlicensed properties. Airbnb and HomeAway argued that the City’s ordinance
ran afoul of the Communications Decency Act (CDA) and the First Amendment because it required the
platforms to monitor the content of third-party listings on their sites and remove listings for unlicensed
properties.
In 2019 the Ninth Circuit Court of Appeals (Montana is in the Ninth Circuit) reaffirmed its rejection of
Airbnb and HomeAway’s challenge to the City of Santa Monica’s Home-Sharing Ordinance. The court
found that the ordinance only prohibits processing transactions for unregistered properties and does not
proscribe, mandate, or even discuss the content of the listings that the platforms display on their websites.
The regulation only requires that the booking transactions include licensed properties.
The City’s Home-Sharing Ordinance thus stands absent a petition by the platforms to the United States
Supreme Court.
City of San Francisco, California
From 1986 to 2014, San Francisco banned short-term rentals, concerned that they would significantly
reduce the city’s affordable housing stock. In 2015, the city repealed this ban and imposed certain
395
4
conditions on short-term rentals by permanent residents. In 2016, the city passed the Residential Unit
Conversion Ordinance, amending Chapter 41A of the Administrative Code to require hosting platforms to
verify a residential unit is on the City registry prior to accepting a fee for booking service. The ordinance
effectively makes it a misdemeanor to collect a fee for providing booking services for the rental of a unit
not registered with the city. The misdemeanor is punishable by a fine of up to $1000 per day, per listing
and potentially carries criminal penalties.
San Francisco was the first city to introduce rules that prohibited Airbnb from booking illegal listings. The
ordinance was adopted to help enforce compliance with the registration requirement by ensuring that
hosting platforms do business with law-abiding hosts. Because the ordinance was not motivated by a
desire to suppress speech, the conduct at issue is not expression, and the ordinance does not have the
effect of targeting expressive activity.
The ordinance regulates hosting platforms that provide booking services for short-term rentals; including
a framework for Airbnb and HomeAway to take reasonable care to verify listings are lawfully registered
before offering booking services. The ordinance stipulates that a hosting platform may provide, and collect
a fee for, booking services in connection with short-term rentals only when those residential units are
lawfully registered on the City’s registry at the time the unit is rented. Airbnb lost about 4,000 listings
after the regulation took effect.
The platform compliance provision of the ordinance requires the hosting platform to submit a monthly
affidavit to the Office of Short Term Rentals (OSTR) affirming that they have exercised reasonable care to
verify that hosts utilizing their service are lawfully registered. The ordinance defines a booking service as
any reservation or payment service provided by an entity that facilitates a short-term rental transaction
and collects a fee in connection with the reservation.
Another provision pertaining to monitoring hosting platforms gives the OSTR the power to issue and serve
administrative subpoenas as necessary to determine whether owners, business entities, and hosting
platforms have complied with the administrative code.
Airbnb v. San Francisco
Airbnb filed for a preliminary injunction against the ordinance, arguing that it would essentially require
the company to monitor and verify information provided by third-party hosts. The court once again held
that the Communications Decency Act (CDA) was not applicable because the ordinance did not obligate
Airbnb to perform the typical duties of a “publisher” such as monitoring, editing, withdrawing, or blocking
content submitted by third-party hosts.
Hosting platforms often perform two distinct functions. They post listings for rental units, and they
provide booking services in connection with the rental of those units. The ordinance does not impose
liability for housing platforms’ decisions about what to post or for the substance of listings contained on
their websites. Compliance with the law would not require them to review or vet or remove any user
content.
To the contrary, a hosting platform can publish whatever listings it wants without violating the ordinance,
and faces potential liability only if and when it steps outside its role as a publisher by providing specified
booking services to an unregistered host in return for a fee. Providing payment and reservation services
is not a publication function.
396
5
In sum, none of the arguments raised or cases cited by Airbnb and HomeAway enable them to avoid the
binding Ninth Circuit precedent establishing that, because the ordinance does not seek to treat hosting
platforms as publishers of third-party content, the CDA and the First Amendment simply do not apply
here.
This decision could make Airbnb susceptible to regulatory violations in pending litigation in other
jurisdictions where Airbnb has made similar arguments to those that failed in this case. Another outcome
of this decision is that Airbnb agreed to help San Francisco develop measures to verify the registration
status of short-term rentals.
Settlement Agreement
In 2017, the City and County of San Francisco including the OSTR and Airbnb entered into a Settlement
Agreement. While Airbnb continued to object to the ordinance, the company entered into the agreement
because it provides a safe harbor for compliance under the ordinance and permits the creation of a Pass-
Through Registration (PTR) system developed in cooperation with the City that facilitates the online
registration of hosts from the Airbnb website.
Airbnb also recognized the importance of being a constructive partner with the City and continuing to
work with it on various policy issues relating to short-term rentals, including preventing short-term rentals
from impacting the availability and cost of permanent housing for City residents.
The PTR system sends host registration application information directly to the OSTR. Airbnb also processes
renewals of OSTR registrations for hosts with existing registrations through its PTR system. Airbnb pre-
populates a field on the host’s Airbnb listing with their registration number and expiration date.
In addition, Airbnb reimbursed the City $40,000 in immediately available funds for the costs to build a
system that facilitates pass-through registration from Airbnb. Airbnb also pays the City $5,000 annually to
reimburse the City of its costs for maintaining and operating the system.
City of Boston, Massachusetts
In 2018, Boston enacted Docket #0764, an ordinance allowing short-term residential rentals in the City of
Boston, amending Chapter 9-14 of the Boston Municipal Code. The ordinance includes required
registration for those looking to rent out their property through platforms like Airbnb. In addition to
punishing individual homeowners who disregard these rules, the ordinance fines intermediaries like
Airbnb $300 per day for each ineligible rental booked on the site.
According to the enforcement provision in the ordinance, the Commissioner shall enter into agreements
with booking agents for assistance in enforcing the provisions of the law, including an agreement whereby
the booking agent agrees to remove a listing from its platform that is deemed ineligible for use as a short-
term rental, and must prohibit a host from listing any unit without a valid registration number from the
City.
Furthermore, any booking agent that fails to enter into such agreements to actively prevent, remove or
de-list any ineligible listings shall be prohibited from conducting business in the City. In addition, the
booking agent must provide to the City, on a monthly basis, an electronic report of the listings advertised
by the booking agent within the City.
397
6
Airbnb v. Boston
In 2018, Airbnb sued the City of Boston. Airbnb claimed that three sections of the ordinance – the
Enforcement Provision, the Data Sharing Provision, and the Penalties Provision – are preempted by or
violate the CDA, the First, Fourth, and Fourteenth Amendments.
The First Circuit Court of Appeals denied Airbnb’s motion for a preliminary injunction pertaining to the
provision requiring monthly reporting of publicly available information, and the penalties provision.
However, the court approved the injunction for the enforcement provision of the ordinance.
The court maintained that because the penalties provision is aimed at regulating Airbnb’s own conduct,
and not at punishing it for content by a third party, the CDA does not preempt it. The record established
that Airbnb plays multiple related but distinct roles in the online platform it has established. Airbnb acts
as both a publisher of third-party rental listings, and as an agent that books rental agreements between
users and hosts and collects and distributes payments when such a deal is made. The penalties provision
threatens a fine only if Airbnb accepts a fee for booking an ineligible units.
The court also maintained that Airbnb did not establish that it is likely to succeed in showing that a
relatively modest fine – imposed not for something one of Airbnb’s hosts or users published online, but
because of Airbnb’s independent act of collecting a fee after facilitating an illegal rental transaction –
meaningfully implicates, let alone obstructs, Congress’s desire to allow website operators to engage in
blocking and screening of third-party content, free from liability for such good faith efforts.
To the extent that data reporting provision compels Airbnb to provide monthly lists limited to information
appearing in its public listings for Boston rental properties, the Court found that Airbnb did not establish
a likelihood that it will succeed with this challenge. Neither Airbnb nor its users can reasonably claim an
expectation of privacy in information included in public listings.
According to the 2020 report Airbnb provided to the City of Boston, implementation of the ordinance had
a dramatic impact on short-term rental listings on the platform. Listing dropped from 3,775 in November
2018 to 2,593 in November 2019. With full implementation on December 1, 2019, the listings fell to 1,122
on December 4, 2019 – a 70% decline in listings from the year prior.
City and County of Denver, Colorado
The City and County of Denver initially passed legislation regarding short term rentals in 2016 and required
a license in 2017. The jurisdiction from the beginning included a requirement of the short-term rental to
be a primary residence of the hosts. A study in 2019 revealed that this has prevented several negative
impacts of short-term rentals within the community.
The ordinance has been revised throughout the years, most recently on November 23, 2020 in which the
Denver City Council adopted Council Bill CB20-1229, which prohibits booking service providers from
processing transactions for accommodations at properties not properly licensed as short-term rentals and
imposing fines for infractions. Effective on February 1, 2021, this ordinance made it unlawful for a booking
agency to receive payment from an unlicensed short-term rental located in the City and County of Denver
with penalties starting at $1000 per violation per day.
The assessment of affirmative obligation came from the Short Term Advisor Committee that sought out
further compliance of short-term rentals within the City and County of Denver. The committee includes
representatives for Airbnb. During the introduction and discussion of the ordinance, Airbnb pushed back
398
7
due to fears of profit loss. Airbnb attempted to reach an agreement or memorandum of understanding
with Denver which would denote that the company would attempt to do their best to verify compliance
with the municipality. However, Denver refused to enter in to such an agreement and included affirmative
obligations in the ordinance to ensure a mandatory requirement was in place for the hosting platforms
and others to conform to this standard.
As of February 2022, the jurisdiction has yet to cite Airbnb or any other booking platform. The City and
County of Denver reserves the right to enforce and believes that from a policy perspective, the
expectation for compliance is clear. The jurisdiction has an 80% short-term rental compliance rate.
City and County of Honolulu, Hawaii
Per Ordinance 22-7, it is unlawful for a hosting platform to receive a fee for a transient vacation unit that
is not permitted or licensed. The revised ordinance places the burden on the hosting platform which must
exercise reasonable care to confirm if a transient vacation unit is permitted or licensed. Each booking on
the hosting platform must include an identifying tax map key number which is the tracking and
identification mechanism utilized by Honolulu. Airbnb and other hosting platforms must remove listings
or bookings in prohibited areas. The City and County of Honolulu worked with the various hosting
platforms prior to the roll out of the new ordinance and received some push back in the beginning.
However, hosting platforms have begun to cooperate.
The ordinance which was introduced in April 2022, also reduced the permitted or conditional use of bed
and breakfast homes from 13 zoning districts to three zoning districts, with transient vacation units
remaining permitted or conditional within the existing three zoning districts, essentially permissible only
in the resort district and two apartment districts on the island. Those units, now non-conforming, were
granted an opportunity after the introduction of the revised ordinance to claim a grandfathered status,
and now must keep up with renewal on an annual basis or lose their status.
Prior to the ordinance change, approximately 10,000 short-term rentals were advertised with only 800
short-term rentals approved. Now, about 2,000 to 3,000 short-term rentals are eligible to be registered.
Violations are not less than $1,000 and not more than $10,000 per violation per day which is assessed on
the property owner. Honolulu included a 180 day introductory period which allowed staff to roll out the
changes and included a cleanup ordinance for any issues that occurred. The City and County is seeking to
establish a short term rental division under code enforcement with several inspectors and a manager to
monitor the host compliance software, HAMARI.
Currently, the jurisdiction has a hold on any short-term rentals between 30 to 89 days due to an injunction
filed by Hawaii Legal STR Alliance. The revised ordinance allows for transient occupancy up to 90 days
rather than up to 30 days. Hawaii Legal STR Alliance filed the lawsuit based on a takings claim for the
removal of the permitted and conditional short-term rentals in non-resort and apartment zoning districts
as well as claims that the ordinance conflicts with state law. Additionally, the lawsuit includes claims that
the violations are excessive.
City of Chicago, Illinois
The City of Chicago enacted a Shared Housing Ordinance in June 2016 which regulates short-term
residential rental activities. Prior to 2021, licensed rental intermediaries (hosting platforms) would
register on the owner’s/tenant’s behalf and the City of Chicago would then determine their eligibility. As
the City of Chicago developed an online home sharing registration portal, all registration processes are
399
8
now handled directly with the City of Chicago. As hosts must register their units, online hosting platforms,
and Shared Housing Companies must also have license to operate and advertise listings in Chicago.
There are two types of internet platforms: 1) Short Term Residential Rental Intermediary; and 2) Short
Term Residential Rental Advertising Platforms. A Short Term Residential Rental Intermediary is a person
or company, who for compensation or a fee, uses an internet platform to connect patrons to shared
housing units, which are dwelling units with six or fewer sleeping rooms that are rented out for a period
of 31 or fewer consecutive days. Rental intermediaries must remove unlicensed hosts, and must apply
and collect hotel accommodation taxes on behalf of the City of Chicago.
A Short Term Residential Rental Advertising Platform is a person or company, who for compensation or a
fee, uses internet platforms to connect patrons to short-term rentals, vacation rentals, or hotels. These
agencies are required to comply with local laws and regulations regarding the collection and payment of
taxes, including but not limited to the Chicago Hotel Accommodation Tax Ordinance.
Regardless of the hosting type, each must ensure that the license number for the short-term rental is
included in their advertisements. If not, it “creates a rebuttable presumption that the business is operating
without a license” and is subject to penalties. These include a rental of ineligible units by licensee or
licensee’s family members which may be fined between $500 to $1,000 within 14 days of notice and
$1,500 to $3,000 on or after the 15th day and before the 28th day of notice, and $5,000 after the 28th day
of notice with separate offenses and violations thereafter.
Other Hosting Platform Responsibilities
Minneapolis, Minnesota
The City of Minneapolis, Minnesota requires a license to act as a hosting platform. According to the city’s
Short-Term Rental Hosting Platform ordinance, entities are prohibited from engaging in the activity of a
short-term rental hosting platform in the city without a license issued pursuant to the Minneapolis Code
of Ordinances. The license application requires specific information about the applicant and the applicant
must meet certain qualifications, including being in compliance with city ordinances.
In cases where rental fees for lodging are collected by the hosting platform, the applicant must comply
with all requirements of the State of Minnesota Department of Revenue to accurately collect and remit
applicable taxes attributable to short-term rental transactions. Each licensee is required to provide data
pertaining to its operations, property addresses of listings, annual number of rental days, amount charged,
fees and taxes, as needed to audit and determine compliance with tax regulations. The hosting platform
must also provide notice directing hosts to Chapter 351 of the Minneapolis Code of Ordinances.
Las Angeles, California
The City of Los Angeles, California has a Home-Sharing Platform Agreement with Airbnb. The agreement
establishes the platform’s responsibilities pursuant to the City’s Home-Sharing Ordinance. According to
the ordinance, the hosting platform may complete booking service transactions only as authorized by the
municipal code.
In order to ensure the legality of bookings, it is mandatory for the platform to include and display the
registration number on each short-term rental listing. The platform must also remove any categorically
ineligible listings. The hosting platform must also display a link to the city’s webpage, including information
regarding penalties associated with failing to obtain a valid registration.
400
9
In addition, the booking platform must develop, create, and maintain an interface system to monitor and
determine the validity of listings. The system must track certain data including unique listing identification
numbers, listing web addresses, registration number, physical location of the unit, etc. This data can help
municipalities have a better understanding of the local short-term rental landscape.
Fillmore, California
Hosting platforms are prohibited from completing any booking transaction for short-term rentals in the
city. Hosting platforms must provide the city with the names and contact information of any person
attempting to use the platform to complete any booking transaction. Any hosting platform in violation
will be ordered to remit all illegally obtained rental revenue to the city so that it may be returned to the
home-sharing visitors
Fresno, California
The hosting platform must be listed on the owner’s short-term rental permit application, or the property
owner must submit a written request and receive written approval from the city to lists on another hosting
platform.
Panama City Beach, Florida
Hosting platforms which display user-inputted City-issued business tax receipts but fail to verify the
validity of the data is exempt from penalties. However, the platform shall remove the listing within ten
days of notice from the city.
Hickory Creek, Texas
It is unlawful for an owner to advertise a short-term rental in any medium, including but not limited to
newspaper, magazine, brochure, website, or mobile application without including the current permit
number assigned by the city.
Big Bear Lake, California
A property owner may not hold more than two short-term rental licenses per year. One license is required
per rental unit. Any person operating an unlicensed vacation rental property shall be permanently
ineligible to operate a vacation rental in the city.
Los Gatos, California
Short-term rental hosts must provide proof of permanent residence with at least two of the following: a
motor vehicle registration, driver’s license, voter registration, tax document, or utility bill. A person may
only have one primary residence and must reside there for a minimum of nine months per year.
If the host is planning to advertise the short-term rental unit, the listing numbers or URL/website
addresses of where the short-term rental is advertised must be provided.
Short-term rental licenses are capped at 5% of the housing stock in the Town of Los Gatos. If the number
of valid short-term rental licenses issued exceeds that percentage, the issuance of licenses will cease and
additional applicants will be placed on a first-come first-served waiting list.
In a hosted rental, the number of nights that the property can be used for short-term rental purposes shall
be limited to 180 nights per calendar year. If un-hosted, the number of nights shall be limited to 30 nights
per year.
401
10
Short-term rentals are prohibited in new accessory dwelling units, senior housing, and below market price
units. Short-term rentals are prohibited in all apartment complexes. Commercial or assembly uses, such
as weddings, corporate events, and parties are prohibited short-term rentals.
Conclusion
The rise and growth of short-term rental platforms such as Airbnb, Vrbo, and HomeAway has created
plenty of debate amongst local governments, the hotel industry, the real estate lobby, housing activists,
and local residents about the impact of such rentals on the availability and affordability of long-term rental
housing.
According to a recent article in the Harvard Law & Policy Review, the theory behind the “Airbnb Effect”
goes as follows: short-term rentals reduces the affordable housing supply by distorting the housing market
in two interconnected mechanisms. The first such mechanism is one of simple conversion: any housing
unit that was previously occupied by a city resident, but is now listed on Airbnb year round, is a unit that
has been removed from the rental market and has essentially been added to the community’s supply of
hotel rooms. This leads to a real, but likely mild, increase in rents, an effect that is concentrated in affluent
or gentrifying neighborhoods along the community’s central core. More disconcertingly, conversion
reduces the community’s already limited supply of affordable housing.
The second mechanism is “hotelization.” So long as a property owner or leaseholder can rent out a room
on Airbnb for cheaper than the price of a hotel room, while earning a substantial premium over the
residential market, there is an overpowering incentive to list each unit in a building on Airbnb rather than
rent to local residents thereby creating mini “home-hotels.” This decreases the supply of housing and
spurs displacement and segregation.
Given that the short-term rental market has grown by 800% since 2011, it is therefore not hard to see
why many people are concerned about the industry’s impact on affordability and availability of long-term
rental housing. While not the primary cause of affordable housing problems, the conversion of long-term
housing into short-term rental use are such a concern that it’s becoming a major rationale for regulating
short-term rentals.
Recommendation
Staff recommends that the City of Bozeman pursue four types of affirmative obligations:
1. In order to ensure the legality of bookings, the booking platform must include and display the
registration number on each short-term rental listing.
2. Short-term rental hosts must upload a signed and approved copy of the City-issued short-term
rental permit along with the registration number for each unit listing.
3. If the host is planning to advertise the short-term rental unit, the listing numbers or website
addresses of where the short-term rental is advertised must be provided.
4. The booking platform must provide to the City, on a predetermined basis, an electronic report of
the listings advertised by the booking agent within the City.
402
Short Term Rental Focus Group Summary
The City Commission prioritized efforts to better understand how regulation of Short Term Rentals
(STRs) in Bozeman may influence housing supply and affordability. According to available data from
Host Compliance, there are 918 active Short Term Rental (STR) listings in the Bozeman area (based on
City's jurisdiction limits). Out of 20,988 total households, STRs make up roughly 4.4% of the overall
housing supply. The city’s STR registration process requires owners of STRs to register with the city. Only
253 or 27.5 % of STRs are registered with the City.
After a City Commission work session in summer 2022, staff were directed to engage with owners of
STRs about potential incentives to convert STRs into long term rentals. The purpose was to gather
feedback from local STR owners on motivations, incentives, and barriers to converting short term rentals
to long term rentals.
On Wednesday, January 18th, city staff from Communications, Legal, Planning Division, and Community
Housing Program facilitated and recorded conversations with 13 STR owners at City Hall. Participants
were selected from the city’s current list of registered STR owners to represent diversity across duration
of time registered with the city, number of STRs owned, and location across the city.
Summary of Themes
What we heard from participants is summarized into five main themes:
1.Financial benefits of STR over LTR
o Participants stated that the income earning potential is greater with STRs
o Helps some participants pay their mortgage
o Some mentioned STRs as a long-term financial investment for their future (retirement)
o About 1/3 of participants voiced support for a financial subsidy to convert their STR to
an LTR
“Big Sky does it; it’s a short-term solution”
“As an owner, it would help bridge that gap”
o About 2/3 did not support financial subsidy to convert their STR into an LTR
“Tax payers won’t want to foot the bill for a program that only benefits STR
owners, and it likely wouldn’t incentivize them anyway”
“Subsidy is a recipe for failure. Would not incentivize them to convert. Better off
putting subsidy toward building affordable housing”
“Focus on future planning. Incentivize developers, not hosts”
“Big Sky Rental program is an example of what didn’t work”
2.Lack of enforcement of existing STR regulations
o Participants viewed the city as not enforcing or following through on STR regulations
and wanted staff to focus on compliance rather than converting or banning STRs
“We haven’t seen what enforcement can do – and there are problems w/ the
permit system”
“People are doing STRs illegally”
“Enforce a business license for a type 3”
403
“The data suggests 5,000 STRs for Bozeman may be healthy. We should enforce
it, and celebrate it”
3. Flexibility and convenience of STR over LTR
o Some participants brought up how STRs are more flexible than LTRs for owners as they
want to be able to use it part of the year or have family and friends use the property
4. Challenges with landlord/tenant relationships and property maintenance with LTRs
o Participants talked about challenges with LTRs when it comes to tenants. There is
increased wear and tear on LTRs
o Some hosts had long-term rentals and decided to convert to STRs due to bad
experiences
“Tenants not paying rent, or are late with rent, and the eviction process is
daunting”
o Many viewed long-term leases as a bigger liability and STRs as less risky.
5. Potential solutions
o Bulk leases for large employers –
“Hospitals are desperate to find housing. May ease some concerns about finding
reliable tenants”
o Limits on number of STR licenses per owner –
“I shouldn’t be able to have 15 vacation rentals”
“Restrict 2nd and 3rd homes as STRs. Prevent out-of-state investors”
“Give developers incentives to ban STRs in subdivisions and CC&Rs to prevent
future proliferation”
o Prohibiting certain types of STRs –
“No new Type 3s”
“Type 3s have increased drastically. City needs to look at that”
“We should all be in favor of more restrictions as long as we are grandfathered
in.”
o Regulating STRs by location –
Setting up a points system on top of existing regulations (seniority, priority in
higher intensity zoning districts, fast track ADU eligibility, STR core
areas/allowing more in areas with existing STRs)
o Create a program to educate, match, and “certify” reliable renters and landlords –
Create a pool of funds (from deposits and fees paid by the tenant) to pay for
background checks; underwrite leases; offer insurance coverage for damages
(like Airbnb)
o City and County investment in buying land, developing housing
Many view lack of housing and increased rental costs are causing the housing
crisis, not STRs.
Instead of focusing on STRs, focus on how we can create a housing market and
environment that creates more LTRs.
Look at vacant land in the County to build housing
404
Memorandum
REPORT TO:City Commission
FROM:Kaitlin Johnson, Budget Analyst
Melissa Hodnett, Finance Director
Jeff Mihelich, City Manager
SUBJECT:FY24 City Manager's Recommended Budget Presentation: Internal Service
Funds, Enterprise Funds, Special Assessment Districts (Street Maintenance,
Street Arterials & Collectors, Parks & Trails District, and Tree Maintenance
(Forestry))
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Listen to the presentation, ask questions, and provide comments.
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:
We are pleased to present to you the City Manager Recommended Budget
for Fiscal Year 2023-2024 (FY24). The recommended budget represents the
thoughtful work of dozens of people across all departments to ensure an
informed projection of FY24 in support of the City Commission Strategic
Plan. Bozeman is a vital, growing, and changing city, which presents
significant challenges including balancing community needs, like
infrastructure and public safety, with affordability and pressure on the
allocation of limited City resources. The recommended budget focuses on
maintaining or improving our level of service to the community as it relates
to public safety, community health & safety, and affordable housing.
Municipal budgets serve a number of important functions. In addition to
laying out a spending plan for the City and allocating resources to meet the
diverse needs of the community, Bozeman’s budget:
Is a principal policy and management tool for the City’s administration,
reflecting and defining the annual work program;
Provides a framework for the City to accomplish its vision and strategic
plan; and
Reflects core City values of integrity, leadership, service, and
405
teamwork.
This budget presentation will provide highlights from the City's Internal
Service Funds, Enterprise Funds and Special Assessment Districts. The FY24
City Manager Recommended Budget is available online at FY24 City Manager
Recommended Budget. In addition to begin available online, a copy of the
FY24 City Manager Recommended Budget is available at the Bozeman Public
Library.
Internal Service Funds are used to account for the financing of goods or
services provided by one department to other departments on a cost-
reimbursement basis. The City has three Internal Service Funds. The Medical
Health Insurance Fund accounts for insurance premiums received from
various City employees and retirees and the related costs of health and
dental premiums paid to the City’s insurance provider. The Public Works
Administration Fund is used to allocate costs associated with Public Works
Administration, GIS, and Engineering to funds that utilize services provided
by each division. The Vehicle Maintenance Fund accounts for the
maintenance and repair of vehicles used in operation of City services. The
presentation will include information provided in the fund summaries found
on pages 49-50 of the FY24 City Manager Recommended Budget. Activity
detail for the Public Works Administration and Vehicle Maintenance funds
can be found on pages 89-94 and 101-102, respectively.
Enterprise Funds are used to account for efforts that are financed and
operated in a manner similar to private business enterprises where the
intent of the governing body is for the costs of providing goods or services to
the general public on a continuing basis be financed or recovered primarily
through user charges. The City has five Enterprise Funds: Water Fund,
Wastewater Fund, Stormwater Fund, Solid Waste Fund, and Parking Fund.
The presentation will include information provided in the fund summaries
found on pages 43-48 of the FY24 City Manager Recommended Budget.
Division details for Enterprise funds can be found on pages 85-86, 95-98 and
103-112.
The City’s Special Assessment Districts include the Street Maintenance Fund,
Street Arterial & Collector District Fund, Parks & Trails District Fund, and Tree
Maintenance (Forestry) Fund. The Street Maintenance Fund relies on
assessments for revenue generation for street maintenance and
reconstruction. Beginning in FY24 this fund also accounts for revenues from
state gasoline taxes that can be used on street maintenance or street arterial
& collector capital projects. The Arterial & Collector District Fund is a district
406
that provides the “local share” of some projects in advance of development.
The City creates payback districts to recover the “local share” once an
adjacent project is developed. The Parks & Trails District Fund was created in
FY21. The plan, as approved by the Commission, is a five-year ramp up to
silver level of service. The Tree Maintenance (Forestry) Fund accounts for
special assessment revenues levied, received, and expended for tree
maintenance provided in the public right of way. The presentation will
include information provided in the fund summaries found on pages 28-30
of the FY24 City Manager Recommended Budget. Activity details for Special
Assessment Districts can be found on pages 99-100 and 117-120.
The first work session took place on June 13, 2023. Final Adoption of the
FY24 Budget is scheduled for July 11, 2023.
UNRESOLVED ISSUES:None
ALTERNATIVES:If there are changes the City Commission would like to make to the City
Manager's Recommended Budget, they can be discussed during this meeting
and adopted at formal budget adoption on July 11.
FISCAL EFFECTS:This presentation has no immediate fiscal impacts, but it is the second work
session as part of the budget adoption process for the fiscal year 2024,
which begins on July 1, 2023. Once adopted, the budget will fund activities
that support the Commission's priorities.
Report compiled on: June 1, 2023
407
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Erin George, Deputy Community Development Director
Anna Bentley, Community Development Director
SUBJECT:Impact Fee Study Update and Project Kickoff
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Receive Information
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman and surrounding areas have seen continuous growth for
over 20 years. The City Commission adopts a growth policy to direct decision
making regarding growth. Chapter 1, pages 8-16, of the Bozeman
Community Plan 2020 (BCP2020) discusses how the City should approach
growth. The BCP2020 concludes that growth within the City limits is
preferred over other alternatives. Availability of infrastructure is a key
element in enabling additional development within the community. The City
completes specialized facility plans examining current demands and future
needs for individual infrastructure services.
Some of the City’s most important responsibilities are the provision and
operations of fire/EMS services, water, sewer, and transportation. These
facilities make growth of a modern city possible. The creation and operations
of these facilities is complex and expensive. One important tool the City uses
to create new capacity in these facilities is impact fees.
An impact fee is a one-time service charge to new or expanded development
that require additional services. The state authorizes municipalities to collect
impact fees through Title 7 Chapter 6 Part 16 MCA [External Link]. State law
gives broad authority and requires certain procedures for determining
amounts charged, collection and management of fees, how fees are
allocated to specific construction projects, and limitations on their use.
Impact fees collected can only be used to pay for costs to expand capital
capacity. No operations or maintenance costs may be paid with impact fees.
Impact fees are not charged for or expended on minimum standard
improvements for new development.
408
Bozeman has used impact fees since 1996. Bozeman established local
regulations for impact fees in Chapter 2 Article 6 Division 9 BMC [External
Link]. As part of those regulations, the City established a four-year cycle to
update the service area reports which establish service costs. The regular
cycle helps to keep charges current to construction costs, includes updated
facility planning, and reflects changes to the capital improvement program
with new or completed projects. The City has retained TishlerBise to assist
the City with the latest impact fee update. TischlerBise has engaged with the
City before on this work, preparing the 2012 editions of the fee studies.
Impact fees provide a key funding source for expanding services
concurrently with new development. This improves public safety, reduces
public and private risks, facilitates construction of new housing, and lessens
total cost of system development to the users. Impact fees come with a
number of limitations including:
Charged fees may only be used for capital capacity expansion; no
operations or maintenance.
Must be used only for the same type of infrastructure for which the
fee was charged.
Are limited to the costs reasonably related to the development to
which they are charged.
May not exceed a reasonably proportionate share of costs to
accommodate the development paying the fee.
Must be based on planned or completed capital improvements.
Improvements paid for with fees must benefit the fee payer.
Do not cover all costs of service.
City must track and keep separate impact fees from other revenue.
A capital improvement program must be developed and adopted to
spend impact fee funds.
A service area report documenting the area where the fees apply,
factual basis for the fee, and determining unit costs to be charged to
future development must be prepared periodically.
Information on the City’s current impact fee service area reports, costs of
service, and processes is available through the City’s impact fee website
(External Link).
A capital improvement program (CIP) is used to assign location and work to
expand service capacity. The current CIP document (Fiscal Years 2024-2028)
is available through the City’s budget and financial reports website (External
Link). The four impact fee funds are presented beginning on pages 77, 81,
192, and 221. Each fund is presented with a five-year summary of
anticipated revenues and expenditures, an overall expected fund balance
each year, and project descriptions for all upcoming items included on the
CIP. A map of projects on the current CIP CIP is attached.
The CIP is prepared by the City Manager and staff each year. It is presented
to the City Commission each winter and discussed and accepted before
becoming a key element of the annual budget preparation. The CIP is based
409
on the various facility plans for each service type. Each plan examines
existing conditions, determines future needs for service from expected
growth, and identifies specific projects that can be constructed to provide
additional service. The public is invited and encouraged to participate both
in the development of individual facility plans and the CIP. The CIP plays a
key role in coordination of work being funded by different sources and as a
bridge between the 20+ year horizon of facility planning documents and the
annual budget. The five year CIP horizon allows the community to see
upcoming planned work, offer input on priorities for capacity expansion, and
coordinate public and private investments.
State law requires an advisory board for impact fees. The Community
Development Board is the board assigned this role. The staff and consultant
will work with the Board during the development of the service area reports.
The role of the Board is to “review and monitor the process of calculating,
assessing, and spending impact fees.” The Community Development Board
will ultimately consider the final reports and make a recommendation to the
City Commission regarding their adoption. The Board also reviews and makes
a recommendation regarding the annual CIP update.
The development of the service area reports is primarily a technical and
financial analysis. General policy and standards are set by other processes.
Data will be drawn from the City’s facility plans, capital asset tracking
software, financial records, and demographic data from the US Census and
other similar sources. Drafts of service area reports will be made available
through the City’s website for review and comment by the public and the
Community Development Board and City Commission will consider. The
public is invited to all advisory board and Commission meetings.
Service areas are the geographic area where the necessary link between
service use and development/fee payer is established. Bozeman’s impact
fees only apply to development within its corporate and utility limits.
Development outside the city, such as west of Gooch Hill Road, pays any
applicable fees to its local service provider, not to the City of Bozeman. Prior
service area reports found that all of Bozeman is a single service area.
Each impact fee is legally separate from the others. Each service area report
will consider the specific characteristics of demand that are unique to that
service type. For example, water is calculated for gallons per person per day
for homes and fire/ems is based on number of calls for service. Cost for
creating capacity for a new gallon of water or service call is calculated from
local data and is relevant to our local conditions. Bozeman is fortunate to
have detailed and recent construction cost information from prior projects
that can inform these calculations.
Impact fees are collected during the building permit process. Impact fees are
a fee for service and are therefore applicable to all development. All
governmental, institutional, non-profit, and for-profit development is
410
reviewed and charged according to its expected service requirements. Fees
are updated on January 1st of each year for prior year inflation.
Due to the requirement for proportionality impact fees cannot be waived for
one group of users and costs moved to other impact fee payers. The City can
choose to pay impact fees on behalf of development from other revenue
and has done so several times in support of affordable housing or daycare
development. Availability of money to do this is affected by the annual
budget.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:Funds for the project have been approved.
Attachments:
ImpactFeeCIP.pdf
Report compiled on: June 16, 2023
411
412
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
Jeff Mihelich, City Manager
SUBJECT:The Economics of Neighborhood Commercial
MEETING DATE:June 27, 2023
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:Listen to the presentation, ask questions and discuss issues related to the
development of neighborhood commercial nodes.
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:
The City of Bozeman is in the process of revising its Uniform Development
Code (UDC). Over the years, the City has considered its requirements for
retail, commercial, and other non-residential development in certain zoning
districts and in individual development projects. Retail and commercial
development is an important component of creating vibrant places and a
high quality of life. There are some concerns, however, regarding
oversupplying the market and requiring commercial development in places
or in projects where it is not viable.
The City’s Community Development and Economic Development
departments have engaged our on-call economic development and real
estate consultant, Economic & Planning Systems to provide an informational
presentation on the factors that affect demand and success in commercial
development. EPS performed analysis related to future land use inventory
and zoning districts to inform the Bozeman Community Plan 2020. Their
report related to this topic addresses some of these issues on p. 54-62. This
is an informational presentation and discussion; no formal action by the
Commission is requested.
UNRESOLVED ISSUES:None at this time.
413
ALTERNATIVES:At the direction of the City Commission.
FISCAL EFFECTS:None.
Report compiled on: June 20, 2023
414