HomeMy WebLinkAbout08-08-23 City Commission Meeting Agenda and 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:
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Click the Register link, enter the required information, and click submit.
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Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
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B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Authorize Absence
D.1 Authorize the Absence of Commissioner Pomeroy(Maas)
E.FYI
F.Commission Disclosures
G.Consent
G.1 Accounts Payable Claims Review and Approval (Waters)
G.2 Authorize the City Manager to sign Grant Agreement 24-G01-1663 between the City and
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, August 8, 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.
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Gallatin County to receive Federal funding for the Bozeman Police Department (BPD) Drug
Task Force officers in FY24.(Stewart)
G.3 Consideration of the Final Plat for the 2131 Graf Street Minor Subdivision, Application
23080 (Quasi-Judicial)(Montana)
G.4 Authorize the City Manager to sign a Professional Services Agreement with the firm of
Advanced Engineering and Environmental Services, LLC providing engineering services to
design mechanical and structural upgrades to the City's municipal water system pressure
reducing valves(Nielsen)
G.5 Authorize the City Manager to Sign Amendment 1 to Task Order 1 of the Professional
Services Master Task Order Agreement with the firm of HDR Engineering, Inc. providing
engineering services to design and permit the East Gallatin River Streambank Erosion
Protection Project, CIP No. WW111(Nielsen)
G.6 Authorize the City Manager to Sign a Task Order EDD23-002 with Sanderson Stewart for
Quiet Zone Implementation Services at Griffin Drive, North Rouse Avenue, and North
Wallace Avenue(Fine)
G.7 Resolution 5518, Setting the Annual Salary for the Municipal Judges (Tozer)
G.8 Ordinance 2142, Final Adoption, Revising Speed Limits on City-controlled Routes(Ross)
H.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once 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.
I.Work Session
I.1 Short-Term Rentals Work Session(Lyon & George)
J.Action Items
J.1 Ordinance 2147 Provisional Adoption of Regulations for Camping on City Right-of-
way(Peters, Saverud)
J.2 Continue the Public Meeting to Consider the Aaker Phase 1 Major Subdivision Preliminary
Plat Application to the August 15, 2023 Commission Meeting  (Quasi-Judicial)(Montana)
K.FYI / Discussion
L.Adjournment
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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.
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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 Commissioner Pomeroy
MEETING DATE:August 8, 2023
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Authorize the Absence of Commissioner Pomeroy
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Commissioner Pomeroy notified City Manager Mihelich and Mayor Andrus of
her anticipated absence.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: July 6, 2023
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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:August 8, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of claims as presented.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented
to the City Commission within one year of the date the claims accrued.
Claims presented to the City Commission under this item have been
reviewed and validated by the Finance Department. The Department has
ensured that all goods and services have been received along with necessary
authorizations and supporting documentation.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: August 3, 2023
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Memorandum
REPORT TO:City Commission
FROM:Melissa Hodnett, Finance Director
Aaron Funk, City Controller
SUBJECT:Authorize the City Manager to sign Grant Agreement 24-G01-1663 between
the City and Gallatin County to receive Federal funding for the Bozeman
Police Department (BPD) Drug Task Force officers in FY24.
MEETING DATE:August 8, 2023
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to sign Grant Agreement 24-G01-1663 between
the City and Gallatin County to receive Federal funding for BPD Drug Task
Force officers in FY24.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:Every year, the Montana Board of Crime Control (MBCC) provides local and
tribal governments with U.S. Department of Justice, Bureau of Justice
Assistance funds to interdict gang and drugs through the multi-jurisdictional
efforts of law enforcement and prosecution. These funds are disbursed
quarterly by Gallatin County in the form of reimbursement until they have
been depleted.
UNRESOLVED ISSUES:None.
ALTERNATIVES:If the City Commission forgoes the acceptance of funds, the City will have to
search for other funding sources to cover the expenses of the BPD's Drug
Task Force.
FISCAL EFFECTS:Grant Agreement 24-G01-1663 provides the BPD with $70,187.83 in funding
towards the Drug Task Force, saving an equivalent amount from the general
fund.
Attachments:
BPD Face Sheet.pdf
BPD Subrecipient Agreement.pdf
Report compiled on: July 27, 2023
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FACE SHEET
24-G01-1663
CONTRACT NUMBER:
2024055
SUBRECIPIENT NAME/ADDRESS:
City of Bozeman
PO BOX 1230
BOZEMAN, MT 59715
TOTAL BUDGET:
$200,536.66
MBCC BUDGET: $100,268.33 LOCAL MATCH: $30,080.50
MBCC AWARD: $70,187.83 TOTAL CONTRACT
AMOUNT: $100,268.33
SUBRECIPIENT CONTACT INFO:
Jim Veltkamp
CHIEF OF POLICE
406-582-2000
PROGRAM CONTACT INFO:
CPT. Nathan Kamerman
615 S 16TH AVE
BOZEMAN, MT 59715
406-582-2110
FISCAL CONTACT INFO:
Drew Ellis 615 S 16TH AVE BOZEMAN, MT 59715
406-582-2069
CONTRACT START DATE: 07/01/2023 CONTRACT END DATE: 06/30/2024
FUNDING AUTHORITY:
MONTANA BOARD OF CRIME CONTROL - US DEPARTMENT OF JUSTICE - FEDERAL FUNDING
CFDA NUMBERS(s): 16.738 CFDA TITLE(S):
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
PURPOSE:
Provide local and tribal governments with U.S. Department of Justice, Bureau of Justice Assistance funds to interdict gang and drugs through the multi-jurisdictional efforts of law enforcement and prosecution. MBCC Grant Award 23-G01-1345.
EXHIBITS (specify):
Exhibits A, B, C, & D
MBCC Special
Conditions
This Contract contains all of the terms and conditions agreed upon by the parties and all documents attached or incorporated by reference,
include Basic Interagency Agreement or its successor. No other understandings or representations, oral or otherwise, regarding the subject matter
of this Contract shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Contract
and have authority to enter into this Contract.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS
Name Commission Chairman Date
Zach Brown, Chairman Date
FacePageTemplate1017 Rev. 10/16
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EXHIBIT "A"
GENERAL TERMS AND CONDITIONS
In consideration of the covenants, conditions, performances, and provisions hereinafter
contained, the parties hereto agree as follows:
Definitions: The words and phrases listed below, as used in the Contract, shall have the
following definitions:
• "Contract" means this Contract and the Contractor Contract on General Terms and
Conditions and any Exhibits and other documents attached or incorporated by
reference.
• "CFR" means Code of Federal Regulations. All references in this Contract to CFR
chapters or sections shall include any successor, amended, or replacement regulation.
The CFR may be accessed at http://www.gpoaccess.gov/cfr/index.html.
• "Debarment" means an action taken by a federal official to exclude a person or
business entity from participating in transactions involving certain federal funds.
• General Terms and Conditions" means the contractual provisions contained within
this Contract, which govern the contractual relationship between the County and the
Contractor, under this Contract.
• "Personal Information" means information identifiable to any person, including,
but not limited to, information that relates to a person's name, health, finances,
education, business, use or receipt of governmental services or other activities,
addresses, telephone numbers, social security numbers, driver license numbers, other
identifying numbers, and any financial identifiers.
• "Principals," which includes officers, members of the Board of Directors, owner(s),
or other person(s) with management or supervisory responsibilities relating to the
transaction.
• "MCA" means the Montana Code Annotated. All references in this Contract to
MCA chapters or sections shall include any successor, amended, or replacement
statute.
• "Subcontract" means a separate contract between the Contractor and an individual
or entity ("Subcontractor") to perform all or a portion of the duties and obligations
that the Contractor shall perform pursuant to this Contract.
• "USCA" means United States Code Annotated. All references to USCA chapters or
sections in this Contract shall include any successor, amended, or replacement statute.
The USCA may be accessed at http://www.gpoaccess.gov/uscode/index.html.
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1. Amendment: This Contract, or any term or condition, may only be modified in writing and
signed by both parties. Only personnel authorized to bind each of the parties shall sign an
amendment.
2. Assignment: Except as otherwise provided herein, the Contractor shall not assign rights or
obligations derived from this Contract to a third party without the prior, written consent of
the County and the written assumption of all of the Contractor's obligations in this Contract
by the third party.
3. Billing Limitations: Contractor shall maintain a written record of expenses and submit
quarterly invoices detailing expenses for reimbursement to: Gallatin County Sheriff’s
Office, 615 South 16th Avenue, Bozeman, MT 59715. The County shall pay the Contractor
within 45 days after receiving an invoice and proper supporting documentation. All billings
must be received no later than 7 days after the close of the quarter/contract to be considered
for payment.
The decision to approve or deny payment of claims for services submitted after more than
60 days shall rest solely with the County and the County’s decision shall be final and not
capable of right to appeal.
4. Circulars "COMPLIANCE MATRIX": The following Compliance Matrix identifies the
OMB Circulars that contain the requirements, which govern expenditure of federal funds.
These requirements apply to the primary recipient of federal funds, and then follow the
funds to the subrecipients. The federal Circulars, which provide the applicable
administrative requirements, cost principles and audit requirements, are identified by
subrecipient organization type.
COMPLIANCE MATRIX
Federal Uniform Guidance Title 2 CFR Subpart F
ENTITY TYPE ADMINISTRATIVE
REQUIREMENTS
COST
PRINCIPLES
AUDIT
REQUIREMENTS
State, Local and Indian
Tribal Governments &
Governmental
2 CFR part 200 2 CFR Part 200 2 CFR Part 200 F
5. Compliance with Applicable Law: At all times during the term of this Contract, the
Contractor and the County shall comply with all applicable federal, state, and local laws,
regulations, and rules, including, but not limited to, non-discrimination laws and
regulations.
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6. Confidentiality: The parties shall use Personal Information and other confidential
information gained by reason of this Contract only for the purpose of this Contract. The
County and the Contractor shall not disclose, transfer, or sell any such information to any
other party or in the case of Personal Information, except as provided by law or with the
prior written consent of the person to whom the Personal Information pertains. The parties
shall maintain the confidentiality of all Personal Information and other confidential
information gained by reason of this Contract and shall return or certify the destruction of
such information if requested in writing by the party to this Contract that provided the
information
7. Debarment Certification: The Contractor, by signature to this Contract, certifies the
Contractor, its Principles and any Subcontractors are not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded by any Federal
department or agency from participating in transactions (debarred). The Contractor also
agrees to include the above language notification requirement in any and all Subcontracts
into which it enters. The Contractor shall immediately notify the County if, during the term
of this Contract, the Contractor, its Principles or Subcontractors becomes debarred. The
County may immediately terminate this Contract by providing the Contractor written notice
if the Contractor becomes debarred during the term of this Contract.
8. Disputes: A Dispute Board shall determine Disputes between the parties in the following
manner: Each party shall appoint one member to the Dispute Board. The members appointed
shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall
review the facts, Contract terms, and applicable statutes and rules and make a determination.
This process shall constitute the final administrative remedy available to the parties. Each
party reserves the right to litigate issues and matters in court de novo.
9. Documentation for Reimbursement Requests: At the Contractor's first request for
reimbursement, the Gallatin County Sheriff’s Office will require detailed back-up
documentation for all expenditures. On subsequent invoices, the monthly activity report
and a printout from the Contractor's accounting system listing the expenditures charged
against the contract will be acceptable. All back-up documentation must be available to the
County and all other auditors, upon request. Reimbursement of expenditures for staff time
spent on more than one source will require timesheets reflecting hours charged to the
contract.
10. Entire Contract: This Contract, including all documents attached to or incorporated by
reference; contain all the terms and conditions agreed upon by the parties. No other
understandings or representations, oral or otherwise, regarding the subject matter of this
Contract shall be deemed to exist or bind the parties.
11. Governing Law, Venue, and Jurisdiction: This Agreement shall be governed by the laws
of the State of Montana. Any action to enforce this Agreement shall be brought in the District
Court of the Eighteenth Judicial District, Gallatin County, Montana.
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12. Independent Status: For purposes of this Contract, the Contractor acknowledges that the
Contractor is not an officer, employee, or agent of the County. The Contractor shall not
hold out itself or any of its employees as, nor claim status as, an officer, employee, or agent
of the County. The Contractor shall not claim for itself or its employees any rights,
privileges, or benefits, which would accrue to an employee of the County. The Contractor
shall indemnify and hold harmless the County from all obligations to pay or withhold
federal or state taxes or contributions on behalf of the Contractor or the Contractor's
employees.
a. The parties agree that, for the purposes of this Contract, the Contractor is an
independent contractor and neither the Contractor nor any employee of the
Contractor is an employee of the County. Neither the Contractor nor any employee
of the Contractor is entitled to any benefits that Gallatin County provides its
employees. The Contractor is solely responsible for payment of any statutory
workers compensation or employer's liability insurance as required by state law.
13. Inspection: Either party may request reasonable access to the other party's records and
place of business for the limited purpose of monitoring, auditing, and evaluating the other
party's compliance with this Contract and applicable laws and regulations. During the term
of this Contract and for one year following termination or expiration of this Contract, upon
receiving reasonable written notice, the parties shall provide the other party with access to
its place of business and to its records, which are relevant to its compliance with this
Contract, and applicable laws and regulations. This provision shall not be construed to give
either party access to the other party's records and place of business for any other purpose.
Nothing herein shall be construed to authorize either party to possess or copy records of the
other party.
14. Insurance: The CONTRACTOR certifies that it shall carry comprehensive general liability
insurance in the amount no less than $1,500,000.00 for each occurrence; Automobile
Liability in the amount of $1,500,000.00 combined single limit; Professional Liability or
Errors and Omissions coverage in the amount of $1,500,000.00. All insurance policies shall
be primary and noncontributory and shall name Gallatin COUNTY as additional insured.
Such certificate shall require no less than 15 days notice of cancellation to COUNTY.
CONTRACTOR shall put COUNTY on immediate notice of any changes or cancellation in
coverage. CONTRACTOR shall require all consultants, and subcontractors to meet the same
insurance coverage. During the term of the contract, the Contractor shall maintain in force,
at its expense, insurance as noted below. There shall be no cancellation, material change,
reduction in limits or intent not to renew the insurance coverage(s) without 30 days written
notice from the contractor or its insurer(s) to the participating agencies.
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15. Condition Precedent Delivery of Documents: Certificate of Insurance/Workers
Compensation/Independent Contractor Status: As a condition precedent to this
agreement binding the parties, on or before execution of this agreement CONTRACTOR
shall deliver to the COUNTY original or certified copies of the Certificate of Insurance,
Certificate of Workers Compensation Coverage, Independent Contractors License, and any
other documents required. CONTRACTOR shall cooperate in good faith and shall deliver,
upon request, such other and further documents as may be reasonably required to determine
CONTRACTOR’s strict compliance with the required insurance, Workers Compensation
coverage and independent CONTRACTOR status and the terms and conditions of this
agreement.
16. Maintenance of Records: During the term of this Contract and per state law for seven
years following termination or expiration of this Contract, both parties shall maintain
records sufficient to:
a. Document performance of all acts required by law, regulation, or this Contract;
b. Demonstrate accounting procedures, practices, and records that sufficiently and
properly document the Contractor's invoices to the County and all expenditures
made by the Contractor to perform as required by this Contract.
c. For the same period, the Contractor shall maintain records sufficient to substantiate
the Contractor's statement of its organization's structure, tax status, capabilities, and
performance.
17. Nondiscrimination: The Contractor agrees that it shall not discriminate against any
person on the grounds of race, creed, color, religion, national origin, sex, sexual
orientation, age, marital status, political affiliation or belief, or the presence of any
sensory, mental or physical handicap pursuant to the Americans with Disabilities Act (42
USC 12101 et seq.) In the event the Contractor violates this provision, the County may
terminate this Contract immediately and bar the Contractor from performing any services
for the County in the future.
18. Order of Precedence: In the event of an inconsistency in this Contract, unless otherwise
provided herein, the inconsistency shall be resolved by giving precedence, in the following
order, to:
a. Applicable Federal and State of Montana statutes and regulations; Special Terms and
Conditions of this Contract; This Contract.
19. Ownership of Material: Copyright in all material created by the Contractor and paid for by
the County shall be the property of the State of Montana. Both County and Contractor may
use these materials and permit others to use them, for any purpose consistent with their
respective missions as part of the State of Montana. This material includes, but is not limited
to: books; computer programs; documents; films; pamphlets; reports; sound reproductions;
studies; surveys; tapes; and/or training materials. Material which the Contractor uses to
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perform this Agreement but is not created for or paid for by the County is owned by the
Contractor or such other party as determined by Copyright Law and/or Contractor's internal
policies. Contractor hereby grants the County a perpetual license to use this material for
County internal purposes at no charge to the County, provided that such license shall be
limited to the extent which the Contactor has a right to grant such a license.
20. Responsibility: Each party to this Contract shall be responsible for the negligence of its
officers, employees, and agents in the performance of this Contract to the extent allowed by
law. No party to this Contract shall be responsible for the acts and/or omissions of entities or
individuals not party to this Contract. The County and the Contractor shall cooperate in the
defense of tort lawsuits, when possible. Both parties agree and understand that this provision
may not be feasible in all circumstances. The County and the Contractor agree to notify the
attorneys of record in any tort lawsuit where both are parties if either the County or the
Contractor enters into settlement negotiations. It is understood that the notice shall occur
prior to any negotiations, or as soon as possible, and the notice may be either written or oral.
21. Severability: The provisions of this Contract are severable. If any court holds any
provision of this Contract, including any provision of any document incorporated by
reference, invalid, that invalidity shall not affect the other provisions this Contract.
22. Subcontracting: The Contractor may not subcontract the services to be provided under
this Contract, unless requested and approved in writing by the Board of County
Commissioners for Gallatin County or their assigns or unless otherwise specified in this
Contract. If the County, the Contractor, and a subcontractor of the Contractor are found by
a jury or trier of fact to be jointly and severally liable for personal injury damages arising
from any act or omission from the contract, then the County shall be responsible for its
proportionate share, and the Contractor shall be responsible for its proportionate share.
Should the subcontractor be unable to satisfy its joint and several liability, the County and
the Contractor shall share in the subcontractor's unsatisfied proportionate share in direct
proportion to the respective percentage of their fault as found by the jury or trier of fact, to
the extent allowed by law. Nothing in this term shall be construed as creating a right or
remedy of any kind or nature in any person or party other than the County and the
Contractor. This term shall not apply in the event of a settlement by either the County or
the Contractor.
23. Subrecipients:
a. General: If the Contractor is a subrecipient of federal awards as defined by the Code
of Federal Regulations, 2 CFR Part 200, and this Contract, the Contractor shall:
i. Maintain records that identify, in its accounts, all federal awards received
and expended and the federal programs under which they were received,
by Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, name of the federal agency, and name of the pass-
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through entity;
ii. Maintain internal controls that provide reasonable assurance that the
Contractor is managing federal awards in compliance with laws,
regulations, and provisions of contracts or grant agreements that could
have a material effect on each of its federal programs;
iii. Prepare appropriate financial statements, including a
Schedule of Expenditures of Federal Awards;
iv. Incorporate 2 CFR Part 200 audit requirements into all agreements
between the Contractor and its Subcontractors who are
subrecipients;
v. Comply with any future amendments to 2 CFR Part 200 and any
successor or replacement Circular or regulation;
vi. Comply with the applicable requirements of applicable Circulars
defined under Circulars "Compliance Matrix" found in item 5 of the
General Terms and Conditions and any future amendments to them, and
any successor or replacement Circulars or regulations; and
vii. Comply with the Omnibus Crime Control and Safe Streets Act of 1968;
Title VI of the Civil Rights Act of 1964; Victims of Crime Act (42
U.S.C.§ 10604(e)); Juvenile Justice and Delinquency Prevention Act of
2002 (42 U.S.C. § 5673(b)); Section 504 of the Rehabilitation Act of
1973; Title II of the Americans with Disabilities Act of 1990; Title IX of
the Education Amendments of 1972; The Age Discrimination Act of 1975;
The Department of Justice Nondiscrimination Regulations, 28 CFR Part
42, Subparts C, D, E, and G, and 28 CFR Part 35 and Part 39; Executive
Order 13279 (equal protection of the law for faith-based and community
organizations; and 28 C.F.R. Part 37 ((U.S. Department of Justice
Regulations — Equal Treatment for Faith Based Organizations). (See
www.oin.usdoi.gov/ocr for additional information and access to the
aforementioned Federal laws and regulations.)
1. Single Audit Act Compliance: If the Contractor is a
subrecipient and expends $750,000 or more in federal awards
from all sources in any fiscal year, the Contractor shall procure
and pay for a single audit or a program-specific audit for that
fiscal year. Upon completion of each audit, the Contractor
shall:
a. Submit to the County contact person, listed on the first
page of this Contract, the data collection form and reporting
package specified in 2 CFR Part 200, reports required by
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the program-specific audit guide (if applicable), and a copy
of any management letters issued by the auditor;
i. Follow-up and develop corrective action for all
audit findings; in accordance with 2 CFR Part 200,
and prepare a "Summary Schedule of Prior Audit
Findings."
24. Overpayments: If it is determined by the County, or during the course of the required audit,
that the Contractor has been paid unallowable costs under this Contract, the County may
require the Contractor to reimburse the County in accordance with appropriate applicable
Circulars defined under Circulars "Compliance Matrix" found in item 5 of the General Terms
and Conditions.
25. Survivability: The terms and conditions contained in this Contract, which by their sense
and context, are intended to survive the expiration of this particular Contract shall survive.
Surviving terms include, but are not limited to: Confidentiality, Disputes, Inspection,
Maintenance of Records, Ownership of Material, Responsibility, Termination for Default,
Termination Procedure, and Title to Property.
26. Termination Due to Change in Funding: If the funds upon which the County relied to
establish this Contract are withdrawn, reduced, or limited, or if additional or modified
conditions are placed on such funding, the County may terminate this Contract by
providing at least five business days written notice to the Contractor. The termination shall
be effective on the date specified in the notice of termination.
27. Termination: Either party may terminate this Agreement by providing thirty (30)
calendar days written notice sent by certified mail to the addresses listed on Page 1. If the
Contractor fails to comply with the terms and conditions of this Agreement, the County may
pursue such remedies as are legally available, including, but not limited to, the immediate
termination of this Agreement. If this Agreement is terminated for any reason, County shall
pay only for performance rendered or costs incurred in accordance with the terms of this
Agreement and prior to the effective date of termination.
28. Title to Property: Title to all property purchased or furnished by the County for use by the
Contractor during the term of this Contract shall remain with the County. Title to all
property purchased or furnished by the Contractor for which the Contractor is entitled to
reimbursement by the County under this Contract shall pass to and vest in the County. The
Contractor shall take reasonable steps to protect and maintain all the County property in its
possession against loss or damage and shall return the County property to the County upon
Contract termination or expiration, reasonable wear and tear excepted.
29. Treatment of Client Property: Unless otherwise provided in this Contract, the Contractor
shall ensure that any adult client receiving services from the Contractor under this Contract
has unrestricted access to the client's personal property. The Contractor shall not interfere
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with any adult client's ownership, possession, or use of the client's property. The Contractor
shall provide clients under age 18 with reasonable access to their personal property that is
appropriate to the client's age, development, and needs. Upon termination or completion of
this Contract, the Contractor shall promptly release to the client and/or the client's guardian
or custodian all of the client's personal property. This section does not prohibit the
Contractor from implementing such lawful and reasonable policies, procedures and
practices as the Contractor deems necessary for safe, appropriate, and effective service
delivery (for example, appropriately restricting clients' access to, or possession or use of,
lawful or unlawful weapons and drugs).
30. Waiver: Waiver of any breach or default on any occasion shall not be deemed a waiver of
any subsequent breach or default. Any waiver shall not be construed to be a modification of
the terms and conditions of this Contract unless amended as set forth in Section 2,
Amendment. Only the Board of County Commissioners for Gallatin County has the
authority to waive any term or condition of this Contract on behalf of the County.
31. Notices: Any demand, request or notice which either party desires or may be required to
make or deliver to the other shall be in writing and shall be deemed delivered when
personally delivered, or when delivered by private courier service (such as Federal
Express), or three days after being deposited in the United States mail, in registered or
certified format, return receipt requested, addressed as follows:
Contractor:
Jeff Mihelich- City Manager
City of Bozeman
121 North Rouse
Bozeman, MT 59715
County:
Zach Brown
County Commissioner
311 West Main Street, Room 306
Bozeman, MT 59715
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EXHIBIT “B”
SPECIAL TERMS AND CONDITIONS
1. Acknowledgement of Federal Funding:
The contractor agrees that any publications (written, visual, or sound) but excluding press
releases, newsletters, and issue analyses, issued by the Contractor describing programs or
projects funded in whole or in part with federal funds under this Agreement, shall contain
the following statement:
"This project was supported by Grant No. 23-G01-1345 awarded by the
Montana Board of Crime Control (MBCC) through the office of Justice
Programs, US Department of Justice. Points of view in this document are those
of the author and do not necessarily represent the official position or policies of
the US Department of Justice.”
2. Agreement Management:
The Representative for each of the parties shall be responsible for and shall be the contact
person for all communications and billings regarding the performance of this Agreement,
The Representative for Gallatin County and their contact information are identified on the
Face Sheet of this Agreement. The Representative for the Contractor and their contact
information are identified on the Face Sheet of this Agreement.
3. Compensation:
Gallatin County shall pay an amount not to exceed that specified in MBCC Award box of
this Agreement's Face Sheet for the performance of all things necessary for or incidental to
the performance of work as set forth in the Statement of Work. Contractor's compensation
for services rendered shall be based on the following rates or in accordance with the
following terms:
4. Billing Procedures And Payment:
a. Gallatin County will pay the Contractor upon acceptance of services provided and receipt
of properly completed invoices, which shall be submitted to the County, not more often
than quarterly.
b. Invoices shall describe and document, to County’s satisfaction, a description of the work
performed the progress of the project, and fees. The invoice shall include the Agreement
reference number specified on the upper-right corner of each page of this Agreement.
c. Payment shall be considered timely if made by County within forty-five (45) calendar
days after receipt of properly completed invoices. Payment shall be sent to the address
designated by the Contractor.
d. Gallatin County may, in its sole discretion, terminate the Agreement or withhold
payments claimed by the Contractor for services rendered if the Contractor fails to
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satisfactorily comply with any term or condition of this Agreement.
e. No payment in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by Gallatin County.
f. The Contractor shall not bill the County for services performed under this Agreement,
and the County shall not pay the Contractor, if the Contractor is entitled to payment or
has been or will be paid by any other source, including grants, for that service.
g. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its
own organization.
h. Gallatin County is responsible for the oversight and monitoring of your subgrant award in
accordance with all applicable statues, regulations, and guidelines. As a subrecipient, you
are required to direct questions concerning your subgrant or requests for changes to
Gallatin County. Do not contact the MBCC or the federal grantor.
5. Insurance:
The Contractor shall provide insurance coverage as set out in this section. The intent of the
required insurance is to protect Gallatin County should there be any claims, suits, actions,
costs, damages, or expenses arising from any loss or negligent or intentional act or omission of
the Contractor or Subcontractor, or agents of either, while performing under the terms of this
Agreement.
The insurance required shall be issued by an insurance company authorized to do business
within the state of Montana. Except for Professional Liability or Errors and Omissions
Insurance, the insurance shall name the Gallatin County, its agents, officers, and employees as
additional insureds under the insurance policy. All policies shall be primary to any other valid
and collectable insurance. The Contractor shall instruct the insurers to give Gallatin County
thirty (30) calendar days advance notice of any insurance cancellation, non-renewal, or
modification.
The Contractor shall submit to the County within fifteen (15) calendar days of the Agreement
start date, a certificate of insurance which outlines the coverage and limits defined in this
insurance section. During the term of the Agreement, the Contractor shall submit renewal
certificates not less than thirty (30) calendar days prior to expiration of each policy required
under this section.
a. The Contractor shall provide insurance coverage that shall be maintained in full force and
effect during the term of this Agreement, as follows:
i. Commercial General Liability Insurance Policy: Provide a Commercial General
Liability Insurance Policy, including contractual liability, written on an occurrence
basis, in adequate quantity to protect against legal liability arising out of Agreement
activity but no less than $1,500,000 per occurrence. Additionally, the Contractor is
responsible for ensuring that any Subcontractors provide adequate insurance coverage
for the activities arising out of subcontracts.
ii. Automobile Liability: In the event that performance pursuant to this Agreement
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involves the use of vehicles owned or operated by the Contractor or its Subcontractor,
automobile liability insurance shall be required. The minimum limit for automobile
liability is $1,500,000 per occurrence, using a Combined Single Limit for bodily
injury and property damage.
iii. Professional Liability, Errors, and Omissions Insurance: The Contractor shall
maintain Professional Liability or Errors and Omissions Insurance. The Contractor
shall maintain minimum limits of no less than $1,500,000 per occurrence to cover all
activities by the Contractor and licensed staff employed or under contract to the
Contractor. Gallatin County, its agents, officers, and employees shall be named as
additional insured under this policy.
b. Fidelity Insurance: Every officer, director, employee, or agent who is authorized to act
on behalf of the Contractor for the purpose of receiving or depositing funds into program
accounts, or issuing financial documents, checks, or other instruments of payment for
program costs shall be insured to provide protection against loss:
i. The amount of fidelity coverage secured pursuant to this Agreement shall be
$100,000 or the highest of planned reimbursement for the Agreement period,
whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name
Gallatin County as beneficiary.
ii. Subcontractors that receive $10,000 or more per year in funding through this
Agreement shall secure fidelity insurance as noted above. Fidelity insurance secured
by Subcontractors pursuant to this paragraph shall name the Contractor as
beneficiary.
iii. The Contractor shall provide, at Gallatin County’s request, copies of insurance
instruments or certifications from the insurance issuing agency. The copies or
certifications shall show the insurance coverage, the designated beneficiary, who is
covered, the amounts, the period of coverage, and that Gallatin County will be
provided thirty (30) days advance written notice of cancellation.
c. Additional Provisions: Above insurance policy shall include the following provisions:
i. Additional Insured. The state of Montana, Gallatin County, its elected and appointed
officials, agents, and employees shall be named as an additional insured on all general
liability, excess, umbrella, and property insurance policies. All insurance provided in
compliance with this Agreement shall be primary as to any other insurance or self-
insurance programs afforded to or maintained by the State.
ii. Identification. The policy must reference Gallatin County’s Grant Agreement number
and the Montana Board of Crime Control Agency name.
iii. Insurance Carrier Rating. All insurance and bonds should be issued by companies
admitted to do business within the state of Montana and have a rating of A-, Class VII
or better in the most recently published edition of Best's Reports. Any exception shall
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be reviewed and approved by Gallatin County’s Risk Manager, or the Risk Manager
for the State of Montana, before the Agreement is accepted or work may begin.
iv. Excess Coverage. By requiring insurance herein, Gallatin County does not represent
that coverage and limits will be adequate to protect the Contractor and such coverage
and limits shall not limit the Contractor's liability under the indemnities and
reimbursements granted to the County in this Agreement.
6. Local Government Contractors that Participate in a Self-Insurance Program:
Self-Insured/Liability Pool or Self-Insured Risk Management Program — with prior approval
from Gallatin County, the Contractor may provide the coverage above under a self-
insured/liability pool or self-insured risk management program. In order to obtain permission
from Gallatin County, the Contractor shall provide: (1) a description of its self-insurance
program, and (2) a certificate and/or letter of coverage that outlines coverage limits and
deductibles. All self-insured risk management programs or self-insured/liability pool financial
reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to
accounting standards promulgated by: (1) Governmental Accounting Standards Board
(GASB), (2) Financial Accounting Standards Board (FASB), and (3) the Montana State
Auditor's annual instructions for financial reporting. Contractor's participating in joint risk
pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Montana, its agents, and employees
need not be named as additional insured under a self-insured property/liability pool, if the
pool is prohibited from naming third parties as additional insured.
Contractors shall provide annually to Gallatin County a summary of coverages and a letter
of self insurance, evidencing continued coverage under the Contractor's self-
insured/liability pool or self-insured risk management program. Such annual summary of
coverage and letter of self insurance will be provided on the anniversary of the start date
of this Agreement.
7. Federal Non-Discrimination Requirements:
The Contractor will comply with any applicable federal non-discrimination requirements,
which may include:
• the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d);
• the Victims of Crime Act (42 U.S.C. § 10604(e));
• the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b));
• the Civil Rights Act of 1964 (42 U.S.C. § 2000(d));
• the Rehabilitation Act of 1973 (29 U.S.C. § 794);
• the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34);
• the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86);
• the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07);
• 28 C.F.R. Part 42 (U.S. Department of Justice Regulations – Non-discrimination, Equal
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Employment Opportunity, Policies and Procedures);
• Executive Order 13279 (equal protection of the law for faith-based and community
organizations); and
• 28 C.F.R. Part 37 (U.S. Department of Justice Regulations — Equal Treatment for Faith-
Based Organizations).
• The Contractor shall further comply with Federal law prohibiting grant recipients from
retaliating against individuals taking action or participating in action to secure rights
protected by federal law.
• The Contractor is required to ensure compliance with this requirement by any
Subcontractor receiving funding from a grant supported with U.S. Department of
Justice funds.
a. Notification of Findings or Discrimination or Non-Compliance:
In the event a state or federal court or a state or federal administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color,
religion, national origin, age, disability, or sex against the Contractor receiving grant
funds, the Contractor will forward a copy of the finding to the U.S. Department of
Justice, Office of Justice Programs, Office of Civil Rights (OCR) and Gallatin County.
The Contractor shall include a statement clearly stating whether or not the finding is
related to any grant activity supported with a grant in which U.S. Department of Justice
Funds are involved, and identify all open grants utilizing U.S. Department of Justice
funding, by Contract number and program title.
b. Equal Employment Opportunity Program (EEOP):
The Contractor will determine whether it is required to formulate an Equal
Employment Opportunity Program (EEOP), in accordance with 28 C.F.R. 42.301 et.seq.
If the Contractor is not required to formulate an EEOP, it will submit a certificate form to
the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR),
and Gallatin County indicating that it is not required to develop an EEOP. If the applicant
is required to develop an EEOP, but not required to submit the EEOP to the OCR, the
applicant will submit a certification to the OCR and Sheriff certifying that it has an EEOP
on file which meets the applicable requirements. If the Contractor is awarded a grant of
$500,000 or more, and has 50 or more employees, it will submit a copy of its EEOP to
the OCR and Gallatin County. Non-profit organizations, federally recognized Indian
Tribes, and medical and educational institutions are exempt from the EEOP requirement,
but are required to submit a certification form to the OCR to claim the exemption. A copy
of the certification form will also be submitted to Gallatin County. Information about
civil rights obligations of grantees can be found at
http://www.oip.usdoj.gov/about/ocrieeopcomply.htm.
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c. Limited English Proficiency:
To ensure compliance with the Omnibus Crime Control and Safe Streets Act of 1968 and
Title VI of the Civil Rights Act of 1964, grant recipients must take reasonable steps to
ensure that Persons with Limited English Proficiency have meaningful access to services
and legal protections. Meaningful access may entail providing language assistance
services, including oral and written translation when necessary. Assistance in
understanding grant recipient's obligations under the law may be found in the Department
of Justice's Guidance to Federal Financial Assistance Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficiency Persons
(LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18, 2002). Additional
assistance regarding LEP obligations and information may be found at www.lep.gov.
8. Crime Data Reporting:
The agencies named within the inter-agency MOU submitted with the application shall report
accurate and timely crime data, including all drug task force crime data in accordance with the
Montana Board of Crime Controls’ Crime Reporting Policy (S-02)
9. Order of Precedence:
In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by
giving precedence in the following order:
• Applicable Federal and State of Montana statutes and regulations
• Exhibit A – General Terms and Conditions
• Exhibit B – Special Terms and Conditions
• Exhibit C – Scope of Work
• Exhibit D – Budget
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EXHIBIT "C"
SCOPE OF WORK
The purpose of the Byrne Justice Assistance Grant (JAG) Gang-Drug Task Force Program is to reduce
the availability, use, and trafficking of illegal drugs, guns, and the profit of criminal gang and drug
organizations by working cooperatively to identify, interdict, dismantle, and prosecute targeted gang
and drug-trafficking organizations. JAG Task Forces work across local, state, and federal jurisdictions
to dismantle or disrupt mid-to upper-level criminal organizations to make communities safer and
healthier by reducing drug availability and organized crime.
The contractor will implement the JAG Gang-Drug Task Force Program as specified in the Gallatin
County Missouri River Drug Task Force FY 2023 award for Byrne JAG Gang-Drug Task Force
Program funding, and in compliance with the Assurances and Certifications made in conjunction with
that award.
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EXHIBIT “D”
BUDGET
AGENCY CONTRACT
SERVICES
TOTAL
BUDGET
MBCC
BUDGET MBCC MATCH LOCAL MATCH
Wages &
Benefits $200,536.66 $100,268.33 $ 70,187.83 $ 30,080.50
Overtime $ 0 $ 0 $ 0 $ 0
Total $ 200,536.66 $ 100,268.33 $ 70,187.83 $ 30,080.50
The Justice Assistance Grant funds provided through this grant are from the normal congressional
appropriations for the US Department of Justice, and are not from appropriations made under
authority of the American Recovery and Reinvestment Act of 2009.
Please submit quarterly bills within the month following service delivery with back-up
documentation to:
Gallatin County Sheriff’s Office
615 South 16th Ave
Bozeman, MT 59715
c/o Drew Ellis
* BUDGET LINE ITEM ADJUSTMENTS: The Contractor may request that the budget be adjusted up to
5% of the total annual contract amount between line items of cost based on written request from the
contractor and written approval from the County. Adjustments must be within existing line items in the
contract for items already deemed necessary to the project.
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Memorandum
REPORT TO:City Commission
FROM:Susana Montana, Senior Planner
Brian Krueger, Development Review Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Consideration of the Final Plat for the 2131 Graf Street Minor Subdivision,
Application 23080 (Quasi-Judicial)
MEETING DATE:August 8, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the Commission Memorandum staff report,
application materials, public comment, and all the information presented, I
hereby adopt the findings presented in the Memorandum for application
23080 and move to approve the 2131 Graf Street Minor Subdivision Final
Plat and authorize the Director of Transportation and Engineering to execute
the same on behalf of the City of Bozeman and authorize the Director of
Community Development to execute the associated Improvements
Agreement on behalf of the City.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The Graf Street Minor Subdivision is a proposed 5 lot minor subdivision, is
within an R-4 (Residential High-density District)-zoned property located
directly West of South 19th Avenue, between Lantern Drive and Graf Street.
Development plans for the property have been reviewed and approved
through a Master Site Plan and Phase I Site Plan, Project Nos. 19308 and
19309. Development of the property would take place in two phases. Phase
I is on the north side of the plat located north of an east-west mid-block
pedestrian crossing. Phase I consists of 3 lots: Block 1, Lot 1 which is the
City Park; Block 1, Lot 2; and Block 2, Lot 1. Phase II is on the southwest side
and consists of 2 lots: Block 1, Lot 3 and Block 2, Lot 1.
Lot 1, Block 1 represents the southern half of the new Lantern Park which
was built with Phase I of the 2131 Graf Apartments project. The northern
half of Lantern Park was built by the developer of the Nexus Point
Apartments project located immediately to the north. This parkland consists
of a combined 3.374 acres located in the Northeast corner of the property.
25
The park includes pavilions, a dog park, a playground area as well as an
exercise trail, and equipment.
The Site has an approved Master Site Plan for a two-Phase development of
457 apartment dwelling units, a clubhouse, a maintenance building, parking,
common open space, landscaping, and the south half of the new Lantern City
Park (original Project 19309 and Modifications 22290 and 23086). The
development has an approved Phase 1 Site Plan for 198 apartment dwelling
units which is under construction and partially occupied. The development
was approved as rental housing on the existing, single lot under single
ownership. A Property Owners Association (POA) will be established with
the Final Plat along with a Covenants, Conditions and Restrictions (CC&R)
document outlining how common areas and facilities would be properly
maintained.
This Final Plat requires an Improvements Agreement (IA) and Financial
Surety to allow concurrent construction of (1) street light improvements on
South 21st Avenue and Graf Street adjacent to Phase II property; (2)
boulevard landscaping improvements on South 21st Avenue adjacent and
Graf Street adjacent to Phase II property; and (3) sod improvements in the
parkland (Lot 1, Block 1) area. A surety bond from Payne West in the
amount of $272,640.45 (150% of estimated construction cost of
improvements) has been submitted to the City. The IA and Financial Surety
guarantees the installation of these improvements within one year of
approval of the final plat, pursuant to the Bozeman Municipal Code (BMC)
Sections 38.270.030.B and D. Therefore, based on the summary review
provided in the attachment, the City Transportation and Engineering
Department and Department of Community Development have reviewed
the application against the conditions of the preliminary plat approval and,
as a result, find that the 2131 Graf Street Minor Subdivision Final Plat
application may be approved by the City Commission.
UNRESOLVED ISSUES:None
ALTERNATIVES:None suggested
FISCAL EFFECTS:
Fiscal impacts are undetermined at this time but will include increased
property tax revenues from new development, along with increased costs to
deliver municipal services to the property.
Attachments:
23080 2131 Graf St FP CC memo.pdf
City Attorney Certificate.pdf
Report compiled on: August 1, 2023
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Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Susana Montana, Senior Planner
Brian Krueger, Development Review Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT: The Final Plat for the 2131 Graf Street Minor Subdivision
STRATEGIC PLAN: 4.2 High Quality Urban Approach. Continue to support high quality
planning, ranging from building design to neighborhood layouts, while pursuing urban approaches
to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable
neighborhoods.
MEETING DATE: August 8, 2023
AGENDA ITEM TYPE: Consent—Quasi-Judicial
RECOMMENDATION: Approve the Final Plat for the 2131 Graf Street Minor Subdivision and
authorize the Director of Transportation and Engineering to execute the same on behalf of the City
of Bozeman and authorize the Director of Community Development to execute the associated
Improvements Agreement on behalf of the City.
BACKGROUND: On March 21, 2023, the Applicant, Graf Apartments LLC, submitted an
application for a Final Plat for the 25.999-acre subject property. The initial submittal was found
to be incomplete, and a revised application was resubmitted on June 26, 2023. The revised Final
Plat submittal was found by the City’s Development Review Committee (DRC) to (1) satisfy all
the conditions of approval and code provisions of the February 7, 2023-approved Preliminary Plat
(Project No. 22188), (2) conforms to standards, and (3) is sufficient for approval.
The 2131Graf Street Minor Subdivision is a proposed 5 lot minor subdivision, is within an R-4
(Residential High-density District)-zoned property located directly West of South 19th Avenue,
between Lantern Drive and Graf Street. Development plans for the property have been reviewed
and approved through a Master Site Plan and Phase I Site Plan, Project Nos. 19308 and 19309.
South 21st Avenue would be extended between Lantern Drive and Graf Street with Phase I. Water
and sewer main extensions for the entire property would be installed to serve the minor subdivision
with Phase I. A 2.116-acre City park has been built on the north side of the subdivision on Block
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1, Lot 1. This park was approved with the Master Site Plan which, now built, is 3.374 acres in
size and has been inspected and accepted by the City Parks Department for maintenance.
Development of the property would take place in two phases. Phase I is on the north side of the
plat located north of an east-west mid-block pedestrian crossing. Phase I consists of 3 lots: Block
1, Lot 1 which is the City Park; Block 1, Lot 2; and Block 2, Lot 1. Phase II is on the southwest
side and consists of 2 lots: Block 1, Lot 3 and Block 2, Lot 1.
Lot 1, Block 1 represents the southern half of the new Lantern Park for which the was built with
Phase I of the 2131 Graf Apartments project. The northern half of Lantern Park was built by the
developer of the Nexus Point Apartments project located immediately to the north. This parkland
consists of a combined 3.374 acres located in the Northeast corner of the property. The park
includes pavilions, a dog park, a playground area as well as an exercise trail, and equipment.
The Site has an approved Master Site Plan for a two-Phase development of 457 apartment dwelling
units, a clubhouse, a maintenance building, parking, common open space, landscaping, and the
south half of the new Lantern City Park (original Project 19309 and Modifications 22290 and
23086). The development has an approved Phase 1 Site Plan for 198 apartment dwelling units.
The development was approved as rental housing on the existing, single lot under single
ownership. A Property Owners Association (POA) will be established with the Final Plat along
with a Covenants, Conditions and Restrictions (CC&R) document outlining how common areas
and facilities would be properly maintained.
This Final Plat requires an Improvements Agreement (IA) and Financial Surety to allow concurrent
construction of (1) street light improvements on South 21st Avenue and Graf Street adjacent to
Phase II property; (2) boulevard landscaping improvements on South 21st Avenue adjacent and
Graf Street adjacent to Phase II property; and (3) sod improvements in the parkland (Lot 1, Block
1) area. A surety bond from Payne West in the amount of Two Hundred Seventy Two Thousand
Six Hundred Forty and 45/100 Dollars ($272,640.45) (150% of estimated construction cost of
improvements) has been submitted to the City. The IA and Financial Surety guarantees the
installation of these improvements within one year of approval of the final plat, pursuant to the
Bozeman Municipal Code (BMC) Sections 38.270.030.B and D. Therefore, based on the summary
review provided below, the City Transportation and Engineering Department and Department of
Community Development have reviewed the application against the conditions of the preliminary
plat approval and, as a result, find that the 2131 Graf Street Minor Subdivision Final Plat
application may be approved by the City Commission.
§76-3-611(1), MCA, provides that the City Commission shall approve the plat only if:
(a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of
this chapter and regulations adopted pursuant to this chapter; and
(b) the County Treasurer has certified that all real property taxes and special assessments assessed
and levied on the land to be subdivided have been paid.
The County Treasurer has certified that all real property taxes and special assessments assessed
and levied on the land to subdivide have been paid. All terms and conditions of the preliminary
plat approval have been met.
28
The signed Findings of Fact for the Preliminary Plat can be viewed at this highlighted link.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: None suggested or proposed.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time but will include increased
property tax revenues from new development, along with increased costs to deliver municipal
services to the property.
Report compiled on: August 1, 2023
Attachment Link: Application materials can be reached at this highlighted link.
29
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Memorandum
REPORT TO:City Commission
FROM:Griffin Nielsen, Project Engineer
John Alston, Utilities Director
SUBJECT:Authorize the City Manager to sign a Professional Services Agreement with
the firm of Advanced Engineering and Environmental Services, LLC providing
engineering services to design mechanical and structural upgrades to the
City's municipal water system pressure reducing valves
MEETING DATE:August 8, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with
the firm of Advanced Engineering and Environmental Services, LLC providing
engineering services to design mechanical and structural upgrades to the
City's municipal water system pressure reducing valves.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City has twenty-three existing PRVs controlling five pressure zones
within the municipal water distribution system. The installation date of the
PRVs range from 1998 to 2019. PRV vault access requires the use of confined
space entry equipment and procedures and can be complicated by
groundwater infiltration or stormwater inflow to the vault. With Water
Division staff visiting all PRV’s a minimum of biannually, the confined space
access and wet vaults complicates routine operation and maintenance
activities. Upgrading the existing PRV’s was recommended within the City’s
updated Water Facility Plan, completed in 2017, to enhance safety by
addressing the access challenges as well as improve mechanical
functionality, and prepare the vaults for SCADA upgrades in the future to
allow for remote operation. The City included upgrades as a project in the
Capital Improvement Plan as Project No. W72.
City Engineering staff advertised a request for proposal to provide
professional services to design the PRV upgrades. Two proposal were
received. City staff determined that the submitting firm, Advanced
Engineering and Environmental Services, LLC (AE2S) was qualified to provide
the necessary services. A detailed breakdown of the services provided under
this agreement is included under Exhibit A of the attached PSA. It should be
noted that scope of services does not provide for final design, bidding, and
construction inspection services. An amendment is anticipated to this
31
professional services agreement scope of service for final design once
preliminary design is complete.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:The total contract amount is $84,600, per the attached fee schedule shown
in Exhibit A of the PSA. This project has been identified in the City Capital
Improvement Plan as project No. W72, and has a total of $2,000,000 in funds
budgeted within FY23 which will be carried forward to FY24.
Attachments:
PSA with AE2S for CIP W72 PRV Ph I Upgrades.pdf
Report compiled on: July 27, 2023
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of , 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 N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and Advanced Engineering and Environmental
Services, LLC (ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S
public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services
for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the
parties agree as follows:
ARTICLE 1 - ENGINEERING SERVICES
1.1. ENGINEER will provide the services set forth in Exhibit A – Project Scope and Fee Definition (“Engineering
Services”), which is hereby incorporated in and made a part of this Agreement.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this
Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and
complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications, and recommendations as designated herein.
2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of
government, public, and private organizations and shall be authorized to procure information from other authorities as to the
extent of these contacts and the results thereof.
2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall
be Grant Meyer, PE.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER.
The Project Manager shall be Brian Viall, PE. The OWNER may name a Task Director who would be the liaison between
the ENGINEER and the OWNER during the design segment of the Project.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress
reports thereafter until the project is completed.
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ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during
DESIGN segment of the Project. The Task Director designated shall be Griffin Nielsen, PE .
3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing
configuration of the city utilities.
3.4 The OWNER will be responsible for advertising bid openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction
progress and other job related meetings, substantial completion inspections and final payment inspections.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed, ENGINEER shall:
4.1.1 Perform those tasks identified under “12.3. Phase 030 – Pre-Design Investigation Phase” in the Scope
and Fee Definition of Exhibit A with respect to the Assumptions & Exclusions identified in Paragraph 12.2 of
Exhibit A.
4.1.7. Furnish 3 copies and an electronic copy of the Study and Report documents and review them in person
with OWNER.
The Pre-design Investigation Phase will be completed and submitted on or before the scheduled phase completion date
presented in EXHIBIT B: Bozeman PRV Phase 1 Upgrade Schedule following written authorization from OWNER to
ENGINEER to proceed with that phase of services.
4.2 PRELIMINARY DESIGN PHASE
After acceptance of the pre-design report and receipt of written authorization to proceed with the Preliminary Design Phase,
ENGINEER shall:
4.2.1. Perform those tasks identified under “12.4. Phase 031 – Preliminary Design Phase” in the Scope and Fee
Definition of Exhibit A with respect to the Assumptions & Exclusions identified in Paragraph 12.2 of Exhibit A.
The Preliminary Design Phase will be completed and submitted on or before the scheduled phase completion date presented
in EXHIBIT B: Bozeman PRV Phase 1 Upgrade Schedule following written authorization from OWNER to ENGINEER
to proceed with that phase of services.
4.3 FINAL DESIGN PHASE – Reserved.
4.4 BIDDING OR NEGOTIATING PHASE – Reserved.
4.5 CONSTRUCTION PHASE – Reserved.
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ARTICLE 5 - ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as
provided in this Agreement:
5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Services; preparation or review of environmental studies and related services; and assistance
in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ENGINEER's control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic
Services.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following Additional Services as circumstances require during construction and
without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement:
5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested
by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional
services rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance
of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining
the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; and evaluating
an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials, equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or other
causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working hours, (4) default by any
Contractor.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
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6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under
sections 4.1 through 4.2 of this Agreement pay a total sum in the amount of $ 80,600.00 for such services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1
through 4.2) shall not exceed the following ceilings:
$ 24,180.00 (30% of design fee) until the Pre-design Investigation Phase deliverables have been submitted to
the OWNER.
$ 72,540.00 (90% of design fee) until the Preliminary Design Phase deliverables have been submitted to
the OWNER and review authorities.
6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based
upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to
any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the
payment provisions of this Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for
the Basic services (4.1 through 4.2) and are not separately reimbursable. Additional Services specifically identified
under the scope of design services for payment under 6.1 are not separately reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in
writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.20 , or an amount
otherwise negotiated at the time such services are requested and approved by the OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred
to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of
those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest
and financing charges incurred in connection with the Project or the cost of other services to be provided by others to
OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel
engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters,
specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs
or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable
Direct Labor Costs are:
See Exhibit C – Engineer’s Maximum Billable Direct Labor Costs & Reimbursable Expense Rates
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7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants under section 5 directly in connection with the Project, such as expenses for: transportation and
subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident
Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings,
Specifications, Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime
work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor
Costs method of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants
employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include
expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously
established programs and expenses of photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings
provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period
incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total
cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed
separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase
of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total
payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER
also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by
ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions
of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-approved Additional
Services and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and
all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in
this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services
or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any
additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected
by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services
or other work performed. The equitable adjustment for any termination shall provide for payment to the
ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
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9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries
and such other information and materials as may have been accumulated by the ENGINEER in performing this
Agreement, whether completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data,
recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior
to said termination shall be delivered to and become the property of the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance
of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for
audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three
years from the date of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company
or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage
fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or
violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to
deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage
fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION AND EQUAL PAY
The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit
and qualifications.
The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws, regulations, and contracts.
The ENGINEER 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 ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
The ENGINEER 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). ENGINEER must report to the City any
violations of the Montana Equal Pay Act that ENGINEER has been found guilty of within 60 days of such finding for
violations occurring during the term of this Agreement.
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The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this agreement.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE
In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and
skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service
should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER’s request, re-perform
the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to
the project which are made necessary as a result of the initial non-performance or the re-performance of services. The
OWNER’s rights herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS:
9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local
laws and ordinances applicable to the work to be done.
9.7.2 For claims, causes of action, losses, or damages (collectively, “Claims”) asserted by third-parties and
arising out of the performance of professional services by the ENGINEER, the ENGINEER shall indemnify and
hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including
reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are
caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants in the
performance of professional services under this Agreement. The ENGINEER’S obligation to indemnify and hold
the Owner and the Owner’s officers and employees harmless under this section 9.7.2 does not include a duty to
defend.
9.7.3. For Claims asserted by third-parties that do not arise out of the performance of professional services by the
ENGINEER, the ENGINEER shall, to the extent covered by the ENGINEER’S insurance, defend, indemnify, and hold the
Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and
expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional
misconduct of the ENGINEER, its employees and its consultants.
9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a
plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities
as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault giving rise to the
damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or
employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney’s fees
and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER.
The indemnity required herein shall not be limited by reason of the specification of any particular insurance
coverage in this Agreement.
9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting
from intentional misconduct by any officer, director, agent or employee in connection with the work specified in
this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any damages, costs
or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney’s fees and
costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding
the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the
OWNER’S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found
responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to
reimburse ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER.
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9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible
to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work
shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain
complete control over all of its employees, subcontractors, agents and operations, being responsible for any
required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation
with statutory limits, and unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
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Type of Coverage Limits
Employers' Liability: $ 1,000,000. per accident
General Liability:
Bodily Injury & Property Damage
Single and combined $ 1,000,000. per accident
General Aggregate: $ 2,000,000.
Excess Liability Coverage (umbrella) $1,000,000. each occurrence
Automobile:
Bodily Injury covering all $ 1,000,000 each person
automobiles, trucks,
tractors, trailers, or $ 1,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering $ 1,000,000 each occurrence
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
OR
Bodily Injury & Property $1,000,000 each occurrence
Damage Single and combined
In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and
accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage
as follows:
Professional Errors & Omissions: $ 1,000,000 per claim and
aggregate each occurrence
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9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for
reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by
ENGINEER will be at OWNER’s sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER’s
independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types
that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained
or derived from such electronic files will be at the user's sole risk.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of
the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or
inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political
subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free
license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the
use of any method that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such
accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives, successors and assigns of the respective parties.
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9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
9.17 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, Park 1 MCA.
In witness Whereof, the Parties hereto do make and execute this Agreement the day and year first above written or as
recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ENGINEER
BY: BY:
(City Manager) (President)
DATE: DATE:
ATTEST:
BY:
(City Clerk)
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Exhibit A – Project Scope and Fee Definition
Bozeman PRV Phase I Upgrade 097-2021-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 1 of 8
EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
Project Scope and Fee Definition
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
, between CITY OF BOZEMAN (OWNER) and Advanced Engineering and Environmental Services,
LLC (ENGINEER) providing for professional engineering services.
Article 12 – PROJECT SCOPE AND FEE DEFINITION
12.1. – Definitions & Acronyms:
1. AACE – Refers to AACE International Recommended Practice No. 18-97: Cost Estimate Classification
System – as applied in engineering, procurement, and construction for the process industries (2011).
2. Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change
the bidding requirements or the proposed Construction Contract Documents.
3. Authority Having Jurisdiction (AHJ) – Governmental or non-governmental entities responsible for enforcing
building codes, fire codes, and other regulations in a given jurisdiction.
4. Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs),
hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or
becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials
Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C.
§§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean
Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal,
State, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating
to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste,
substance, or material.
5. Construction Contract—The entire and integrated written contract between the Owner and Contractor
concerning the Work.
6. Construction Contract Documents—Those items designated as “Contract Documents” in the Construction
Contract, and which together comprise the Construction Contract.
7. Construction Cost—The cost to Owner of the construction of those portions of the entire Project designed or
specified by or for Engineer under this Agreement, including construction labor, services, materials,
equipment, insurance, and bonding costs, and allowances for contingencies. Construction Cost does not
include costs of services of Engineer or other design professionals and consultants; cost of land or rights-of-
way, or compensation for damages to property; Owner’s costs for legal, accounting, insurance counseling,
or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other
services to be provided by others to Owner. Construction Cost is one of the items comprising Total Project
Costs.
8. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, and
Consultants), performing or supporting construction activities relating to the Project, including but not
limited to Contractors, Subcontractors, Suppliers, Owner’s work forces, utility companies, other contractors,
44
Exhibit A – Project Scope and Fee Definition
Bozeman PRV Phase I Upgrade 097-2021-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 2 of 8
construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives
of any or all of them.
9. Contractor—The entity or individual with which Owner enters into a Construction Contract.
10. DSSP – Design Standards and Specifications Policy – The City of Bozeman, Montana’s Design Standards
and Specifications Policy adopted by City Ordinance 1611 on April 5, 2004, Addenda 1-7, inclusive.
11. Internet Service Provider (ISP) / Broadband Utility – Used interchangeably to refer to the Owner’s Internet
Service Provider.
12. Electrical Utility - Northwestern Energy
13. Engineer’s Opinion of Probable Construction Costs (EOPCC) – Engineer’s opinions of probable
Construction Costs made on the basis of Engineer’s experience, qualifications, and general familiarity with
the construction industry. However, because Engineer has no control over the cost of labor, materials,
equipment, or services furnished by others, or over contractors’ methods of determining prices, or over
competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or
actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer.
If Owner requires greater assurance as to probable Construction Cost, then Owner agrees to obtain an
independent cost estimate.
14. Hazardous Environmental Condition – The presence at the Site of Constituents of Concern in such quantities
or circumstances that may present a danger to persons or property exposed thereto.
a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to
be incorporated into the Work, and that are controlled and contained pursuant to industry practices,
Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental
Condition.
b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work
is not a Hazardous Environmental Condition.
c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working
conditions at the Site, is not a Hazardous Environmental Condition.
15. Instrumentation & Controls (I&C) – A division of Engineer’s services which focuses on the measurement
and control of process variables and functions within an industrial setting using hardware, software, and
programming with the intent of optimizing productivity and repeatability of common operating procedures.
16. Newspaper - The Bozeman Daily Chronicle
17. Pressure Reducing Valve (PRV) – A pressurized valve used in water distribution systems to drop water
distribution system operating pressures between two adjacent pressure zones.
18. PRV Station / PRV Vault – Used interchangeably to refer to a structure, typically of concrete and built below
grade, in which a PRV is installed to make access to operate and maintain the valve easier and prevent the
PRV from being directly buried.
19. Professional Land Surveyor (PLS) – A professional surveyor as recognized and licensed by the Montana
Department of Labor and Industry Board of Professional Engineers and Professional Lang Surveyors.
20. Technical Data – Those items expressly identified as Technical Data, with respect to either (1) existing
subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site
including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous
Environmental Conditions at the Site.
45
Exhibit A – Project Scope and Fee Definition
Bozeman PRV Phase I Upgrade 097-2021-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 3 of 8
a. If no such express identifications of Technical Data have been made with respect to conditions at
the Site, then Technical Data is defined, with respect to conditions at the Site, as the data contained
in boring logs, recorded measurements of subsurface water levels, assessments of the condition of
subsurface facilities, laboratory test results, and other factual, objective information regarding
conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities
conditions report prepared for the Project and made available to Engineer.
b. Information and data regarding the presence or location of Underground Facilities are not intended
to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are
shown or indicated on the Drawings.
21. Underground Facilities – All active or not-in-service underground lines, pipelines, conduits, ducts,
encasements, cables, wires, tanks, tunnels, or other such facilities or systems at the Site, including but not
limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other
communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude
oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or
chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility.
22. Water Facility Plan
i. Water Facility Plan Update Prepared for City of Bozeman, MT
ii. Prepared By: Advanced Engineering and Environmental Services, LLC (July 2017)
23. Work—The entire construction or the various separately identifiable parts thereof required to be provided
under the Construction Contract Documents. Work includes and is the result of performing or providing all
labor, services, and documentation necessary to produce such construction; furnishing, installing, and
incorporating all materials and equipment into such construction; and may include related services such as
testing, start-up, and commissioning, all as required by the Construction Contract Documents.
12.2. - Assumptions & Exclusions:
1. Project Management of all Phases will include the following services:
a. Project Management Plan with ongoing planning updates.
b. Supervision and direction of project priorities and communications with project staff.
c. Monthly budget review, invoicing, documentation/file management, and on-going misc. project
administration.
d. Project status review meetings with Owner’s Representative.
e. Quality assurance and quality control review with Engineer’s technical supervisor(s).
2. City of Bozeman Water & Sewer Department will provide condition assessment data for all existing PRV
Vault in the Owner’s Distribution System.
a. All Owner provided condition assessment data pertaining to the PRV Vaults and their surrounding
environments will be considered Technical Data upon whose accuracy the Engineer may rely.
b. Engineer’s may request Owner collect additional condition assessment data. Such reasonable
requests will be submitted to the Water & Sewer Department for field verification and collection of
data and provided to the Engineer within 14 days of Engineer’s request.
3. Owner possesses easements to build, own, operate, maintain, and improve all PRV Vaults in its distribution
system. Engineer will not be responsible for collection of additional easements or for the coordination,
negotiation, or brokerage of property required for Owner, Contractor, or any Constructors to perform
improvements to, in, or around the Owner’s PRV Stations.
4. Where improvements and the construction contractor’s activity is expected to cause disturbances to the
existing site conditions, the construction contractor will be required to restore the site to match the existing
conditions. Design of any site improvements, asphalt pavement mix designs, and/or landscaping
46
Exhibit A – Project Scope and Fee Definition
Bozeman PRV Phase I Upgrade 097-2021-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 4 of 8
improvements which exceed the existing conditions are outside of the scope of the Engineer’s services and
if required shall constitute grounds for equitable compensation through a duly executed amendment.
5. Phase 031 Deliverable is assumed to function as the 60% deliverable and reviewed with Owner during a
review meeting. However, Owner’s Review comments will not be used to update the Phase 031 Deliverables;
rather, Owner’s Review Comments will be incorporated into the Phase 040 Deliverables.
6. Owner will be responsible for all costs to advertise Invitation to Bid in the Newspaper.
7. Bound hard copies of Executed Contract Documents (excluding reproduction of Specifications) is projected
to be approximately 250 pages. Hard Copies provided by Engineer are estimated at $0.30/page or $75 for
each set printed. Actual expenses will be based on final page count and calculated using Engineer’s Standard
Expense Schedule.
8. Bound hard copies Project Manual is projected to be approximately 800 pages. Hard Copies provided by
Engineer are estimated at $0.30/page or $240 each. Actual expenses will be based on final page count and
calculated using Engineer’s Standard Expense Schedule.
9. Bound hard copies of Project Drawings are projected to be approximately 36 pages long. Actual Expenses
will be based on final page count and calculated using Engineer’s Standard Expense Schedule.
a. ANSI B | 11” x 17” = $10.80 each set
b. ANSI D | 22” x 34” = $187.20 each set
10. Tasks involving hydraulic analysis specifically excludes services to perform updates to Owner’s hydraulic
model.
a. Owner to provide Engineer with most recent copy of hydraulic model on which to perform hydraulic
analysis.
b. Owner may request Engineer’s services to perform updates to Owner’s hydraulic model. Such
request will constitute grounds for Engineer to negotiate equitable adjustments in its compensation
and time to perform the services through a properly executed amendment agreed to in writing by
both Owner and Engineer.
11. Engineer’s I&C services for this Project will be limited to those basic improvements which benefit future
I&C optimizations and upgrades. Major instrumentation upgrades will be the subject of a future project.
12. Sump pump design in each PRV Station must comply with the City of Bozeman’s Sump Drain Policy. Owner
and Engineer’s preferred alternative will be to drain sump pumps directly to the storm sewer system via the
storm drain structure nearest each PRV Station. The Owner will lead the effort to determine storm sewer
capacity at each location (locations to be identified during the Preliminary Engineering Phase) using max
flow rates specified and provided by the Engineer. Engineer will design one additional standard alternative
to be specified in locations where discharge to the storm sewer is not feasible. It is assumed that one of these
two alternatives will be a viable solution during construction, limiting site-specific design requirements to
simple construction notes.
47
Exhibit A – Project Scope and Fee Definition
Bozeman PRV Phase I Upgrade 097-2021-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 5 of 8
12.3. Phase 030 – Pre-Design Investigation Phase
12.3.1. OBJECTIVE:
· The objective of the Pre-Design Investigation Phase will be to develop a City of Bozeman PRV Design
Manual by which, after adoption by the City of Bozeman into its DSSP, future PRV Vaults constructed within
the City’s Distribution System must comply.
· STANDARD CONSTRUCTION DETAIL will define:
o Process Piping, Valves, and Vault Construction and minimum acceptable dimensions.
o Basic electrical utility service specifications.
o Vault access and appurtenances.
o Mechanical sump.
· DESIGN MANUAL will specify:
o Hydraulic Design Criteria (velocity, lead/lag pressure setpoints)
o Vault placement and approved locations (as a general narrative description)
o Minimum Functionality (as a general narrative description)
· SPECIFICATIONS SECTIONS will include:
o PRVs:
Approved manufacturers, styles, and trim requirements.
o Commissioning Requirements:
To summarize Owner’s minimum testing criteria for Owner’s acceptance.
12.3.2. DELIVERABLES:
· Design Manual
o To be provided with minimal formatting in “List Paragraph” style in a Microsoft Word compatible
format such that Owner can modify formatting to conform with updates being performed to the
DPPS in a separate project with a parallel delivery schedule.
· Standard Construction Details
o To be provided in both Portable Document Format (PDF) and an AutoCad compatible *.dwg file.
o Owner to supply Engineer with Owner’s standard title block for in *.dwg format for Standard Detail
Drawings to be included in Design Manual.
· Standard Specifications Sections
o To be provided with typical “specifications section” formatting in a Microsoft Word compatible
format such that Owner can modify formatting as needed to conform with updates being performed
to the DPPS in a separate project with a parallel delivery schedule.
12.3.3. ESTIMATED FEE: See 12.9. Estimated Compensation Summary Table
48
Exhibit A – Project Scope and Fee Definition
Bozeman PRV Phase I Upgrade 097-2021-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 6 of 8
12.4. Phase 031 – Preliminary Design Phase
12.4.1. OBJECTIVE:
· The primary objectives of the Preliminary Design Phase are:
o Complete hydraulic modeling defined in the Deliverables section of the Phase description.
o Complete preliminary permit planning activities with the City of Bozeman:
Contractor and its Constructors will have sole responsibility to obtain permits through the
respective AHJ’s. Engineer will facilitate the permitting process through identification of
permits in the Project Manual known to Owner and Engineer at the time of Preliminary
Engineering.
o Provide recommended improvements for each PRV Station based on data provided by City of
Bozeman Water & Sewer Department.
o Development of EOPCC for improvements at each PRV Vault, respectively.
o Collect survey data through Engineer’s PLS subconsultant.
Survey to identify local topography, proximately of Electrical Utilities service lines, storm
drain structure nearest to each PRV Station, and other utility locates.
· Engineer will prioritize the following improvements:
o Abandonment of PRV’s and PRV Vaults (if possible);
o Add or replace failing appurtenances to increase ease of accessibility and operator safety;
o Mechanical Improvements:
A standard sump pump and control panel will be scheduled for each remaining PRV
Station, plus a quantity of shelf-spare pumps determined by Owner.
Pumps are expected to be placed on bottom of PRV Vault floor without modifications to
PRV Structure to construct a specialty sump.
Method of installation and disposal of sump pump effluent will be as generally depicted in
Attachment 1 – Mechanical, Electrical, and Broadband Utilities Schematic.
o Electrical Utility Improvements:
Improvements to accommodate Electrical Utility Improvements will be detailed as
generally depicted in Attachment 1 – Mechanical, Electrical, and Broadband Utilities
Schematic.
· Costs for site-specific electrical designs required for Electrical Utility to provide
power to each location will be outside of the scope of Engineer’s Preliminary
Design Phase services. During the Preliminary Design Phase, Engineer will work
with the Electrical Utility to design a typical electrical connection as well as to
coordinate with the Electrical Utility for them to develop a scope of work to
extend electrical service connections to each PRV Station. Any PRV Station(s)
that will require Engineer to complete site-specific design tasks will be identified
and fees for Professional Services to complete the identified site-specific design
tasks will be estimated. Once agreed to by both Engineer and Owner, the scope
for Site-Specific electrical design and additional coordination with the Electrical
Utility will be added to the scope of Final Design Phase services through a duly
executed amendment.
o Future Expansion for Instrumentation and Controls:
A standard control panel mount or cabinet will be detailed for each remaining PRV Station.
The cabinet or mount will be generally empty but will consider general space requirements
for adding I&C control panels, and Broadband Utilities in a future and separate project.
Design does not include automation of controls through a SCADA interface.
Method of future internet connectivity assumed to be via cellular data modem.
Owner to enter into a separate agreement for internet connectivity with ISP without
facilitation from Engineer.
o The Phase 031 Deliverables will be considered the 60% Stage of Project Design.
49
Exhibit A – Project Scope and Fee Definition
Bozeman PRV Phase I Upgrade 097-2021-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 7 of 8
12.4.2. DELIVERABLES:
· Project Review Meetings:
o Engineer will meet with Owner’s water utility department at the beginning of the Preliminary
Design Phase to review and discuss the Owner’s data, discuss priorities, and identify and discuss
issues that may be absent from or difficult to glean from the raw data provided.
o Engineer will meet with the Owner and Owner’s water utility department near the end of the
Preliminary Design Phase to review the Preliminary Design Phase Deliverables and drawings with
the intent of capturing design omissions, desired changes, and other comments from Owner in order
to proceed with subsequent phases of the project.
· A Condition Assessment Report, which will summarize the following:
o Recommendation for PRV Pressure Settings:
Pressures for each PRV will be expressed in the form of a tabulated schedule of PRV
pressures, developed using City of Bozeman standards and other practices outlined in the
Water Facility Plan.
o Recommendation to abandon PRV Stations (as identified and only if feasible) with summarization
of impacts to system after abandonment. Analysis of abandonment impacts will include evaluation
of the following parameters at maximum day demand conditions:
System pressures;
Transmission main headloss; and,
Fire-flow availability
o Recommended construction improvements at the remaining PRV Stations within the Owner’s
distribution system.
o EOPCC for recommended improvements (AACE - Class 2).
o Summary of the following Construction Permits and application processes (to be obtained by
Constructor(s)):
Building Permit Requirements;
SWPPP permitting Requirements;
Other permitting requirements of appropriate AHJ’s known to Owner and Engineer at the
time of preliminary design.
· Map and AutoCAD® files from PLS’s survey.
12.4.3. ESTIMATED FEE: See 12.9. Estimated Compensation Summary Table
50
Exhibit A – Project Scope and Fee Definition
Bozeman PRV Phase I Upgrade 097-2021-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 8 of 8
12.5. Phase 040 – Final Design Phase
12.5.1. Reserved.
12.6. Phase 050 – Bidding Or Negotiating Phase
12.6.1. Reserved.
12.7 Phase 060 – Construction Phase
12.7.1. Reserved.
12.8. Phase 070 – Post-Construction
12.8.1. Reserved.
12.9. ESTIMATED COMPENSATION SUMMARY TABLE
Estimated Compensation Summary Table
51
Exhibit A – Project Scope and Fee Definition
Bozeman PRV Phase I Upgrade-2021-000 – Bozeman PRV Improvements Ph I
Exhibit B Page 1 of 1
EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
Bozeman PRV Phase I Upgrade Schedule
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
, between CITY OF BOZEMAN (OWNER) and Advanced Engineering and Environmental Services,
LLC (ENGINEER) providing for professional engineering services.
Project Schedule:
Authorization to Proceed:......................................................................... July 31, 2023
Phase 030 – Pre-Design Investigation Phase: ............................... September 29, 2023
Phase 031 – Preliminary Design Phase: ......................................... November 15, 2023
52
Exhibit A – Project Scope and Fee Definition
Bozeman PRV Phase I Upgrade-2021-000 – Bozeman PRV Improvements Ph I
Exhibit C Page 1 of 1
EXHIBIT C
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
Engineer’s Maximum Billable Direct Labor Costs & Reimbursable Expense Rates
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
, between CITY OF BOZEMAN (OWNER) and Advanced Engineering and Environmental Services,
LLC (ENGINEER) providing for professional engineering services.
Maximum Billable Direct Labor Costs*
Engineer 4 $66.50
Engineer 3 $58.00
Engineer 2 $41.00
Engineer 1 $37.50
Construction Services 4 $47.00
Construction Services 3 $44.00
Construction Services 2 $35.00
Engineering Tech 5 $41.00
Engineering Tech 4 $38.00
Engineering Tech 3 $33.00
Engineering Tech 2 $29.00
Engineering Tech 1 $22.00
I&C 4 $57.00
I&C 3 $51.00
I&C 2 $47.00
Reimbursable Expense Rates**
Transportation $0.75/mile
Survey Vehicle $0.95/mile
Laser Printouts/Photocopies $0.30/copy
Plotter Printouts $1.00/s.f.
UAS - Photo/Video Grade $100.00/day
UAS – Survey $50.00/day
Mapping GPS $25.00/hour
Fast Static/RTK GPS $50.00/hour
Cellular Modem $75.00/month
Legal Services Reimbursement $250.00/hour
Outside Services cost * 1.15
Geotechnical Services cost * 1.30
Out of Pocket Expenses cost * 1.15
Project Specific Equipment Negotiable
* These rates are subject to adjustment at any time throughout the year due to discretionary changes in compensation.
** These rates are subject to adjustment each year on January 1.
53
234 E. Babcock,Suite 3 • Bozeman, MT 59715 • (406) 586-0277
2023 BOZEMAN RATE SCHEDULE
Fee Compensation
TD&H’s hourly billing rates for 2023 are
provided in the adjacent table. We invoice
for services rendered to a project to the
nearest quarter hour.
Direct project costs will be invoiced at cost
plus 10%. Examples of these costs include
airfare, ground transportation, lodging,
meals, shipping and express mail, outside
reproduction services, and other direct costs
required for the project.
Outside contract services including
subconsultants, subcontractors and drilling
services will be invoiced at cost plus 10% to
cover additional insurance and
administrative fees.
DIRECT REIMBURSABLES
Vehicle Use: Passenger Vehicle Mileage $0.75/mile Survey – Robotic Total Station
Heavy Duty Vehicle Mileage $1.10/mile Hourly Rate: $30.00
Survey – Global Positioning Survey – Total Station with Data Collector
Daily Rate: $500.00 Daily Rate: $100.00
Hourly Rate: $80.00 Hourly Rate: $20.00
Minimum Charge: $160.00
Reproduction
Color (8.5x11) $1.50/page CAD Plotter (In-house)
Color (11x17) $2.50/page Bond $0.90/SF
B&W (8.5x11) $0.60/page Mylar $3.30/SF
B&W (11x17) $1.20/page
NOTES: 1) Construction Materials Testing per Separate Fee Schedule. *See Materials Testing Fee Schedule for Additional Information
2) Overtime work (above 40 hours per week, or weekends) increase hourly rates by 25%, or per quotation.
3) Annual rate adjustments occur in January of each year and typically range from 3% to 4%.
DESCRIPTION HOURLY RATE
AA Administrative Assistant $71.00
AM Administrative Manager $107.00
GA Grant Administrator $96.00
LS1 Surveyor’s Assistant $80.00
LS2 Surveyor $95.00
LS3 Survey Party Chief $111.00
LS4 Project Surveyor $128.00
LS5 Registered Land Surveyor $153.00
ENVS Environmental Scientist $119.00
IH1 Industrial Hygiene Technician I $84.00
IH2 Industrial Hygiene Technician II $109.00
LT1 Lab Technician I $74.00
LT2 Lab Technician II $82.00
CR1 Construction Representative I $101.00
CR2 Construction Representative II $121.00
CR3 Construction Representative III $143.00
CR4 Construction Representative IV $174.00
LA Landscape Architect $129.00
LP Land Planner $160.00
CLS CMT Lab Supervisor $120.00
CD1 CAD Designer I $84.00
CD2 CAD Designer II $110.00
CD3 CAD Manager $121.00
GC CAD/GIS Specialist $101.00
ET Engineering Technician $116.00
E1 Engineer I $109.00
E2 Engineer II $118.00
E3 Engineer III $137.00
E4 Engineer IV $160.00
E5 Engineer V $182.00
E6 Engineer VI $210.00
P Principal $234.00
DCT Deposition & Court Testimony $386.00
PMI Project Manager I $170.00
PMII Project Manager II $220.00
54
Memorandum
REPORT TO:City Commission
FROM:Griffin Nielsen, Water Resource Engineer
John Alston, Director of Utilities
SUBJECT:Authorize the City Manager to Sign Amendment 1 to Task Order 1 of the
Professional Services Master Task Order Agreement with the firm of HDR
Engineering, Inc. providing engineering services to design and permit the
East Gallatin River Streambank Erosion Protection Project, CIP No. WW111
MEETING DATE:August 8, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Amendment No. 1 to Task Order No. 1 of
the Professional Services Master Task Order Agreement with the firm of HDR
Engineering, Inc. providing engineering services to design and permit the
East Gallatin River Streambank Erosion Protection Project, CIP No. WW111.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:During the spring runoff of 2018, an avulsion event occurred along the East
Gallatin River impacting a reach adjacent the City’s Water Reclamation
Facility (WRF), specifically cutting off the channel receiving the facility’s
outfall. The City took immediate steps to reestablish the channel and armor
the streambank at the primary point of failure. Since the completion, a
secondary location on the channel, partially destabilized during the original
event, has begun to quickly erode. The City has identify the need to stabilize
the bank at this location to protect the City’s outfall channel, reduce
sediment load to the East Gallatin River, as well as improve the safety for
individuals walking or wading the river at the given location.
HDR Engineering provides professional engineering services on an on-call
basis for the Bozeman Water Reclamation Facility (WRF) under a Master
Task Order Agreement entered into on March 22, 2022. The City executed
Task Order One on April 26, 2022 to design and permit the East Gallatin River
Streambank Erosion Protection Project, CIP No. WW111.
During the permitting stage comments were received from the Montana Fish
Wildlife and Parks which has prevented the approval of the City’s selected
design. Amendment No. 1 increases the scope and fee to cover the re-design
effort and permitting necessary to address Montana Fish, Wildlife, and
Parks’ comments.
55
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:Task Order 1 totaled $23,269. Amendment No. 1 adds a cost of $13,695
bringing the project total to $36,964. Funding is provided from the FY24
Wastewater Fund from the CIP No. WW111 project budget (Budget Code
620-5610-445.80.90), set at $150,000, as such adequate funding exists.
Attachments:
Amendment No 1 to Task Order 1 with HDR for CIP
WW111.pdf
Report compiled on: July 27, 2023
56
AMENDMENT NO. 01
TASK ORDER NO. 01
FOR ENGINEERING SERVICES
EAST GALLATIN RIVER RESTORATION
WHEREAS:
HDR ENGINEERING, INC. ("HDR") entered into an Agreement on May 6, 2022 to perform engineering
services for the City of Bozeman ("CITY");
The CITY desires to amend this Agreement in order for HDR to perform services beyond those
previously contemplated;
HDR is willing to amend the agreement and perform the additional engineering services.
NOW, THEREFORE, HDR and the CITY do hereby agree:
The Agreement and the terms and conditions therein shall remain unchanged other than those sections
and exhibits listed below;
See attached ATTACHMENT 2: East Gallatin River Restoration (Bank 2) Amendment No. 1.
COMPENSATION:
The anticipated level of effort for the task is increased by the attached hours spreadsheet, to be billed
as time and materials, not to exceed.
Original Compensation: $23,269.00
Amendment 01: $13,695.00
Total Compensation: $36,964.00
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year written
below:
HDR ENGINEERING, INC. ("HDR") City of Bozeman ("CITY")
By:____________________________ By:_______________________________
Title: Vice President Title:______________________________
Date:_________________________ Date:_____________________________
57
7 - Project Manager General Asst - Coralynn Revis1 - Project Manager General - Dan March2 - Engineer Water Resources - Ben Fennelly3 - Environmental Scientist 2 - Jon Schick4 - EIT Water Resources - Heather Nold5 - Technician General 3 - Heather Fancher6 - Accountant Sr - Paden KaufmanTotal Budget
Task Task Description PJM14 PJM15 EWR20 SEN20 EWR10 TEC03 ACT04 TOTAL
HOURS LABOR COSTS SUBCONTRACTOR EXPENSES TOTAL COST
1.1 Project Management & Coordination of Work 2 10 9 21 3,353$ -$ -$ 3,353$
Subtotal (excluding optional) 2 10 0 0 0 0 9 21 3,353$ -$ -$ 3,353$
2.1 Hydraulic Model No Hours !◄-$ -$ -$
2.2 Design and Layout 16 4 20 10 50 7,560$ -$ -$ 7,560$
Subtotal (excluding optional) 0 16 4 0 20 10 0 50 7,560$ -$ -$ 7,560$
3.1 Permitting Agency Coordination 4 2 6 12 1,872$ -$ -$ 1,872$
3.2 Joint Permit Application 2 5 7 910$ -$ -$ 910$
Subtotal (excluding optional) 0 6 2 0 11 0 0 19 2,782$ -$ -$ 2,782$
4.1 Contractor Selection Assistance -$ -$ -$ -$
4.2 Construction Inspection (Future Task)No Hours !◄-$ -$ -$
Subtotal (excluding optional) 0 0 0 0 0 0 0 0 -$ -$ -$ -$
2 32 6 0 31 10 9 90 13,695$ -$ -$ 13,695$
HDR
Task 1 Project Management and Administration
Task 3
Task 4
Task 2 Hydraulic Analysis and Design
Permitting
Construction Administration
Other Direct Costs
58
Amendment 1 | WRF On Call
EAST GALLATIN RIVER RESTORATION
June 29, 2023 1 of 4
Attachment 2 – East Gallatin River Restoration
(Bank 2) Amendment No. 1
Introduction
The following amendment is to provide engineering services to the City to update the design,
permitting and construction services for stabilizing Bank 2 along the East Gallatin River in light
of new permitting constraints. The goal of this project is to design a bank to provide stability to
the channel, reduce sediment point source of the East Gallatin River, and improve safety
concerns for recreating public while also meeting the newly discovered local, state, and federal
permitting requirements.
Project Schedule
The project schedule is set with the goal that construction of this project will take place during
December of 2023.
Assumptions:
· Notice to Proceed (NTP) will be received by HDR early July 2023.
· COB will provide review comments within 2 weeks of submission.
· Regulatory agencies will grant permits within 60 days of submission.
Amendment No.1
Task 1: Project Management and Quality Assurance/Quality
Control Services
Description of Work:
The scope, schedule, and budget will be monitored so that the project continues to move
forward. Each deliverable will be reviewed to verify work products meet the standard of care.
Sub Tasks:
1.1 - PROJECT MANAGEMENT & COORDINATION OF WORK
This task includes project management services during the entire life of the project, including:
· Monthly Invoicing and Monthly Reports
· Project Delivery Administration: Budget & Schedule Controls
· Kickoff meeting to establish communication protocol, project understanding, available
data, project schedule, and roles of the COB and HDR.
· Quality Assurance/Quality Control Services
o Review of each deliverable according to HDR’s quality management procedures.
o Quality Assurance/Quality Control is integrated into each deliverable’s budget.
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Amendment 1 | WRF On Call
EAST GALLATIN RIVER RESTORATION
June 29, 2023 2 of 4
Assumptions:
· Project management effort is a function of the project duration and is based on the
schedule included with this scope of services. NTP is anticipated in early July 2023, with
participation assumed to be completed with project construction in December 2023.
Additional project coordination or an extended project schedule may require a contract
amendment.
Deliverables:
· Monthly invoice and project status updates.
Task 2: Hydraulic Analysis and Design
Description of Work:
Task includes updating the design and preparation of plans and specifications for the proposed
restoration work.
Sub Tasks:
2.1 – HYDRAULIC MODEL
The effective FEMA hydraulic model (HEC-RAS format) for the East Gallatin River developed
for the previously performed Avulsion Project will be used to determine hydraulic design
parameters and to inform permit applications. This hydraulic model will be referenced in the
design; however, no additional modeling will be conducted as a part of this amendment.
2.2 – DESIGN AND LAYOUT
Results of subtasks 2.1 will be used to update plans, and engineer’s estimate of probable costs
for reconstruction of the eroded riverbank (Bank 2). Based on a meeting with MT FWP May 18,
2023, designs incorporating angular rock will not be permitted by MT FWP. To permit the East
Gallatin River Bank 2 project, design methods will incorporate a cobble toe with woody material
anchored into the bank extending to the bankfull water surface elevation, and coir fabric wraps
for short term upper bank stability. Willow cuttings and a riparian seed mix will be incorporated
into the upper bank for long term stability. MT FWP agreed to these methods in the May 18,
2023 meeting. HDR will perform calculations, size and quantify large woody debris, and prepare
specifications for inclusion on the plan set. HDR will prepare and deliver 95% design plans to
the COB for review and comment prior to completion of the plans. HDR will lead a 95% design
review meeting with the COB. Upon acceptance of the 95% design, HDR will develop the 100%
design plans.
Any opinions of probable project cost or probable construction cost provided by ENGINEER are
made on the basis of information available to ENGINEER and on the basis of ENGINEER's
experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since ENGINEER has no control over the cost of labor,
materials, equipment or services furnished by others, or over the contractor(s') methods of
determining prices, or over competitive bidding or market conditions, ENGINEER does not
guarantee that proposals, bids or actual project or construction cost will not vary from opinions
of probable cost ENGINEER prepares.
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Amendment 1 | WRF On Call
EAST GALLATIN RIVER RESTORATION
June 29, 2023 3 of 4
Assumptions:
· Addressing eroding banks, channel modifications, or potential avulsion at other locations
within the project reach are not included.
· Topographic survey data from the previous avulsion project will be used for project
layout.
· The effective FEMA adopted hydraulic model is readily available at no cost to HDR and
will be used to inform permit applications.
· Design parameters determined for the previous avulsion project will be used to prepare
plans and specifications for this project.
· Specifications for construction of the project will be included on the drawings prepared
by HDR.
· COB will provide review comments within two (2) weeks of receiving documents.
· Design of utility relocation (if necessary) is not included.
Deliverables:
· 95% Design Documents (electronic PDF copy)
· 100% Design Documents (electronic PDF copy)
· Engineer’s Opinion of Probable Construction Costs (electronic PDF for 100% Design)
Task 3: Permitting
Description of Work:
HDR will revise the previously developed Joint Permit Application (JPA) to meet the requested
design modifications and coordinate with permitting agencies.
Sub Tasks:
3.1 – PERMITTING AGENCY COORDINATION
HDR will explain updated project goals, design background and construction plans.
Coordination will take place after submittal of JPA to obtain permits.
3.2 – JOINT PERMIT APPLICATION (JPA)
HDR will prepare a JPA for submittal to permitting agencies.
Assumptions:
· Applicable permits and agencies are: US Army Corps of Engineers (404 permit),
Montana Fish Wildlife and Parks (124 permit), Montana Department of Environmental
Quality (318 authorization), and City of Bozeman (floodplain permit).
· Neither State nor Federal “Navigable River” permits will be required.
· Neither stream nor wetland mitigation will be required by the US Army Corps of
Engineers under their 404 permit.
· A wetland delineation will not be required by the US Army Corps of Engineers for a 404
permit.
· A Nationwide 404 permit will be appropriate for the final design.
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Amendment 1 | WRF On Call
EAST GALLATIN RIVER RESTORATION
June 29, 2023 4 of 4
· An MT-2 form or Certified Letter of Map Revision (CLOMR) will not be required. If one is
required, this work will require an amendment.
· A qualitative discussion rather than a hydraulic model will be used for the “no-rise”
documentation for floodplain permitting.
· Receipt of a floodplain permit will not involve a submittal to or review by the Montana
Department of the Natural Resources and Conservation (DNRC) or the Federal
Emergency Management Agency (FEMA).
· Permit application fees are not included in the project budget and will be the
responsibility of the City of Bozeman.
· Permit packages will be delivered to the City of Bozeman for submittal to regulatory
agencies.
· Construction stormwater permits are not included and will be obtained by the selected
contractor.
· Level of effort to address permitting agency request for additional information is
assumed to require 2 hours of time for budgetary purposes. Greater level of effort may
require a contract amendment.
· Based on the conversation with MT FWP in May of 2023, bank stabilization methods
incorporating rounded rock, woody material, coir wraps, and willow cuttings will be
permitted by MT FWP.
Deliverables:
· Project Joint Permit Application.
· Certified Technical Memorandum documenting design intent and methodology.
62
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Specialist
David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Task Order EDD23-002 with Sanderson
Stewart for Quiet Zone Implementation Services at Griffin Drive, North
Rouse Avenue, and North Wallace Avenue
MEETING DATE:August 8, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a task order EDD23-002 with Sanderson
Stewart for quiet zone implementation services at Griffin Drive, North Rouse
Avenue, and North Wallace Avenue.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The City completed a feasibility study for the safety improvements that
would need to be installed at railroad crossings at Wallace Ave., Rouse Ave.
and Griffin Dr. in order to allow trains to stop blowing their horns at these
crossings in compliance with Federal Railroad Administration regulations.
These improvements were constructed for Griffin Dr. as part of the Griffin
Dr. Reconstruction Project, but improvements at the Rouse Ave. and Wallace
Ave crossings are not designed or funded at this time. A group of private
business interests recently committed funding to the engineering of these
improvements to allow design and right-of-way acquisition to proceed while
funds are raised to support construction of the needed infrastructure
improvements.
UNRESOLVED ISSUES:The City cannot commence the quiet crossing establishment process with
the Federal Railroad Administration until funds are raised to complete the
necessary safety improvements at the Wallace Ave. and Rouse Ave.
crossings. The Fiscal Year 2024 Work Plan and Budget for the Northeast
Urban Renewal District included funding for improvements at the Wallace
Ave. crossing. A source of funds for the improvements to the Rouse Ave.
crossing has not yet been identified, but could be a mix of public and private
funds.
ALTERNATIVES:As recommended by the City Commission.
63
FISCAL EFFECTS:The total cost of this task order is up to $16,000 and was included in the
FY24 budget for the Northeast Urban Renewal District.
Attachments:
URD Task Order Form EDD23-002_Quiet Zone
Implementation.pdf
Bozeman_QZ_Ltr_Agreement_230717-.pdf
2024 Rates G2.pdf
Report compiled on: July 27, 2023
64
City of Bozeman Urban Renewal District Term Contract
Task Order Number #EDD23-002
PROJECT: Quiet Zone Implementation Services at Griffin Drive, North Rouse Avenue
and North Wallace Avenue
Issued under the authority of Urban Renewal District Term Contract Professional
Services Agreement with Sanderson Stewart for Architectural and Engineering
Services.
This Task Order is dated July 26, 2023, between the City of Bozeman Economic
Development Department and Sanderson Stewart (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: David Fine, Urban Renewal Program Manager
Contractor: Danielle Scharf, Sanderson Stewart
SCOPE OF WORK: The scope for this task order is detailed in the attached proposal
from SRF Consulting.
COMPENSATION: Sanderson Stewart will bill for its services on a time-and-materials
basis not to exceed $16,000.00. Sanderson Stewart shall submit invoices to the City of
Bozeman for work accomplished during each calendar month. The amount of each
monthly invoice shall be determined on the “time-and-materials basis” according to the
attached standard rate sheets for Sanderson Stewart and it’s subconsultants. Monthly
invoices shall include, separately listed, any charges for services for which time charges
and/or unit costs shall apply. The provisions of the Professional Services Agreement
shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Sanderson Stewart
Jeff Mihelich, City Manager Danielle Scharf, Principal
65
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67
68
69
70
71
SRF CONSULTING GROUP, INC.
RANGE OF HOURLY BILLING RATES
JANUARY 2024 THROUGH DECEMBER 2024
RANGE OF RATES
PROFESSIONAL
Professional VIII 170$ -265$
Professional VII 160$ -265$ Professional VI 140$ -250$ Professional V 130$ -250$ Professional IV 110$ -220$ Professional III 100$ -195$ Professional II 90$ -160$ Professional I 85$ -135$
TECHNICIAN
Technician VI 130$ -220$
Technician V 125$ -220$ Technician IV 110$ -205$ Technician III 90$ -185$ Technician II 80$ -150$ Technician I 70$ -120$
SUPPORT SPECIALIST
Support Specialist VI 130$ -220$
Support Specialist V 125$ -220$
Support Specialist IV 110$ -190$
Support Specialist III 80$ -170$ Support Specialist II 70$ -145$ Support Specialist I 60$ -120$
The Range of Hourly Rates schedule is subject to change annually. Direct project related expenses are billed at actual cost and mileage is billed at a rate not to exceed the current allowable IRS rate for business miles.
72
Memorandum
REPORT TO:City Commission
FROM:Cassandra Tozer, Human Resources Director
SUBJECT:Resolution 5518, Setting the Annual Salary for the Municipal Judges
MEETING DATE:August 8, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt a resolution setting the annual salary for the municipal judges.
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 Bozeman City Commission has the exclusive authority pursuant to 3-6-
203, MCA and 22.01.090, BMC, to establish the annual salary of the
municipal court judges. Municipal court judges are currently paid in
accordance with Resolution 5488, passed and approved on April 11, 2023,
which only established the annual salary for FY23.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Consider an alternative annual salary.
FISCAL EFFECTS:The annual salaries for the municipal court judges have been budgeted for in
FY24.
Attachments:
Resolution Establishing Annual Salary for Muni Court
Judges.pdf
Report compiled on: July 31, 2023
73
Version February 2023
1
RESOLUTION 5518
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, SETTING THE ANNUAL SALARY FOR THE MUNICIPAL COURT
JUDGES FOR FISCAL YEAR 2024 AND SUBSEQUENT FISCAL YEARS UNTIL
MODIFIED BY RESOLUTION OF THE CITY COMMISSION.
WHEREAS, the Bozeman City Commission has the exclusive authority pursuant to 3-6-
203, MCA and 22.01.090, BMC, to establish the annual salary of the municipal judges.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
Effective July 1, 2023, for fiscal year 2024, and continuing for subsequent fiscal years until
such time as modified by Resolution of this Commission, the annual salary of a full-time elected
Municipal Court Judge will be $175,335.23. The chief judge of the Municipal Court will receive
an additional five percent (5.0%) of the above annual salary for performing the duties required of
a chief municipal court judge as required by 3-6-201(5), MCA.
Section 2
During their term in office, municipal court judges may opt to participate in the employee
benefits program provided to individual City employees and may choose the type of coverage plan
they wish to participate in of those offered by the Montana Municipal Interlocal Authority
(MMIA). As such, the municipal court judges may opt to receive the standard City contribution to
health insurance coverage applicable to City employees at the amount set for all City employees
and elected officials. In addition, municipal court judges may opt to participate at their own cost
in health club memberships and ancillary benefits pursuant to policies established by the City
Manager.
74
Version February 2023
2
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________,
20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
75
Memorandum
REPORT TO:City Commission
FROM:Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Ordinance 2142, Final Adoption, Revising Speed Limits on City-controlled
Routes
MEETING DATE:August 8, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Having reviewed and considered the ordinance, public comment, and staff
presentation, I hereby move to finally adopt Ordinance 2142, Revising Speed
Limits on City-controlled Routes.
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 Bozeman City Commission amended and provisionally adopted
Ordinance 2142 on July 25, 2023. The included amendment removed the
time of day qualifications for school zone speed limits. School zone speed
limits will be in place twenty four hours a day, seven days a week
throughout the year.
In support of a City Commission priority to evaluate speed limit reduction in
Bozeman, Staff have taken on a project to recommend a new manner of
setting safe speeds and adjust speed limits on city-controlled routes
accordingly. This initiative delivers on an action item recommended in the
Bozeman Streets Are For Everyone (SAFE) safety plan developed in 2022.
Staff conducted a Work Session with Commission on March 28, 2023 during
which Commission provided guidance on two primary policy decisions. First,
Commission recommended Staff move forward with using the Safe Speed
Study methodology defined by the National Association of City
Transportation Officials (NACTO). Second, Commission recommended Staff
focus on speed limit revisions to arterial and collector functional
classification routes. Local street speed limits will remain unchanged.
NACTO Safe Speed Study methodology was chosen over the more traditional
85th percentile rule. Safe speed methodology uses conflict density and
activity level to set context-sensitive speed limits. Conflict density is defined
by the frequency of potential conflicting movements, such as intersections
76
and driveways, that occur on a given street. Two primary factors determine
conflict density, modal mixing and crossing point density. Modal mixing
describes the level of physical separation between varying modes such was
walking, biking, and motor vehicles. Crossing point density describes how
closely spaced intersections, driveways, and other crossing types ae to one
another. Bozeman Municipal Code along with Transportation Master Plan
define these characteristics by functional classification route type, allowing
consistent speed limits to be defined based on functional classification of
roadway.
Principal arterials are characterized by low modal mixing and low crossing
point density due to walk and bike modes typically separated from traffic
with shared uses paths and access spacing requirements of approximately
1/4 mile. Minor arterials and collectors are characterized by moderate
modal mixing and moderate crossing point density due to a mix on on-street
bike lanes, shared use paths, and traditional sidewalks as well as shorter
access spacing requirements. Bozeman's overall population density results in
relatively low activity levels on streets of these classifications, and land use
decisions for these route types typically result in low curbside demand
outside of business districts.
Setting consistent speed limits by route type better defines the expectation
for users. The combination of these factors result in a recommended safe
speed limit of 35mph on principal arterials and 30mph on minor
arterials/collectors. These routes exhibit our highest need for speed control
as indicated by speed-related crashes resulting in severe injury and fatality.
Arterial and collectors routes in dense areas of downtown Bozeman and
business districts will remain signed at 25mph.
Additionally, Staff has prepared related text adjustments expanding school
zones, removing time of day, authorizing the Director of Transportation and
Engineering to set park zone speed limits in the future, and codifying recent
state-controlled speed limit revisions currently in place.
Montana Department of Transportation, Bozeman School District, and
Bozeman Police Department have been consulted during this process and
concur with the proposed ordinance. The city of Bozeman Transportation
Board also voted to approve Resolution 2023-01, Recommending that the
Bozeman City Commission Support Ordinance 2142 Setting Safe Speed Limits
on Arterial and Collector Streets.
If approved, approximately 11 miles of collector and arterial streets will see
speed limit reductions and school zone adjustments will be made to 7
schools citywide.
UNRESOLVED ISSUES:State-controlled routes must follow a separate process in which city
conducts MDT-approved speed studies, submits to MDT for concurrence,
and then formally approved by state Transportation Commission. Staff are
77
currently conducting three speed studies within the city along segments of
Oak, Baxter, and Kagy.
ALTERNATIVES:No action.
FISCAL EFFECTS:Ordinance 2142 will require the replacement of approximately 40 existing
speed limit signs and the installation of 19 new speed limit signs. The work
will be completed by city Signs and Signal Division. The estimated cost for
this is $15,025.
Attachments:
Ordinance 2142_Final Adoption_Revising Speed Limits on
City-controlled Routes.docx
Bozeman Speed Study related to Ord 2142.pdf
Report compiled on: July 27, 2023
78
Version February 2023
Ord 2142
Page 1 of 14
ORDINANCE 2142
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REVISING SPEED LIMITS ON CITY-CONTROLLED ARTERIAL AND
COLLECTOR ROUTES, EXPANDING PARK SPEED ZONE HOURS, AND GRANTING
AUTHORITY TO THE DIRECTOR OF TRANSPORTATION AND ENGINEERING TO
ESTABLISH PARK SPEED ZONES.
WHEREAS,Mont. Const. Art. XI, § 4 mandates to liberally construe the powers of
incorporated cities, and Mont. Const. Art. XI, § 6 of the Montana Constitution expressly authorizes
a local government unit with self-government powers to exercise any power not prohibited by the
constitution, law, or charter; and
WHEREAS,the Bozeman City Charter establishes that the City of Bozeman is a local
government that has adopted self-government powers which must be liberally construed; and
WHEREAS,Strategic Plan 4.2, High Quality Urban Approach, establishes the city’s
goal of “continu[ing] to support high-quality planning;” and
WHEREAS, pursuant to theCity’s Bozeman Streets Are For Everyone Safety Action Plan,
reducing motor vehicle speed reduces the risk of severe and fatal crash injuries; and
WHEREAS, pursuant to Bozeman Municipal Code Sec. 36.07.010, the director of
transportation and engineering may, upon completion of an investigation and consultation with the
chief of police, alter speed limits on city-controlled routes; and
WHEREAS,in certain instances,Mont. Code Ann. § 61-8-303(6) (2021)permits a local
authority to alter speed limits; and
WHEREAS, Mont. Code Ann. § 61-8-310 authorizes a local authority to alter speed limits
for arterial streets and school zones; and
WHEREAS, pursuant to Mont. Code Ann. § 61-8-310(6), the City consulted with
Bozeman School District officials about altering the speed limit of school zones;
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Ordinance No. 2142, Revising Speed Limits
Page 2 of 14
WHEREAS, Mont. Code Ann. § 7-14-4102 authorizes a city or town council to establish
and regulate speed limits in public parks; and
WHEREAS, the Montana State Transportation Commission and the Department of
Transportation have jurisdiction over all state highways and highways located on the
commission-designated highway system; and
WHEREAS, the City is amending its code so that all state highways and highways
located on the commission-designated highway system within city limits comply with the speed
limits established by the state.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 36.07.020, Bozeman Municipal Code, will be amended as follows:
Sec. 36.07.020. Specific speed restriction areas.
A.Subject to the provisions of section 36.07.010, and except in those instances where a lower
speed is specified in this article, it shall be prima facie lawful for the driver of a vehicle to
operate the same at a speed not exceeding the following, except in any case when such
speed would be unsafe due to presently existing conditions:
1.General limit.The speed limit is 25 miles an hour on all streets within the city limits
unless otherwise posted.
2.Maximum speed.The maximum speed limit is 4035 miles an hour on any street within
the city limits, unless otherwise posted or designated in this article and or as excepted
by subsection 3 of this section.
3.Highways.There are various highways within the city limits of the city over which the
state transportation commission has authority to establish speed limits. These speed
limits are posted by the state department of transportation as authorized in MCA 61-8-
310. It shall be unlawful to operate a motor vehicle at a speed less than 15 miles an
hour on any through or arterial highway.
4.Intersections.Speed limits at intersections are 15 miles per hour when:
a.Making a right or left hand turn at any intersection of streets;
b.Approaching within 50 feet of any intersection of streets when the driver's view is
obstructed. A driver's view shall be deemed to be obstructed when, at any time
during the last 50 feet of the approach to such intersection, the driver does not
have a clear and uninterrupted view of such intersection and of the traffic upon all
of the streets entering such intersection for a distance of 200 feet from such
intersection; and
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Ordinance No. 2142, Revising Speed Limits
Page 3 of 14
c.At any uncontrolled intersection.
5.Graduated speed zones.There are created in the city graduated speed zones, the limits
of which are more particularly described in section 36.07.050, wherein it is unlawful
for any operator of any vehicle to drive at a speed greater than the speed stipulated in
said section. As provided in section 36.07.010.A.1, graduated speed zones may be
established by the city commission by commission resolution.
6.Railway grade crossings.Speed limit is 15 miles an hour when approaching within 15
feet of a grade crossing of any railway when the driver's view is obstructed. A driver's
view shall be deemed to be obstructed when at any time during the last 200 feet of the
driver's approach to such crossing, the driver does not have a clear and uninterrupted
view of such railway crossing and of any traffic on such railway crossing, and of any
traffic on such railway for a distance of 400 feet in each direction from such crossing.
7.School speed zones.There are created in the city school speed zones, the limits of
which are more particularly described in section 36.07.030, wherein it is unlawful for
any operator of any vehicle to drive at a speed greater than the speed established in
said section between the hours of 8:00 a.m. and 4:30 p.m. on days or parts of days
when school is in session. The posted school speed zones, which are particularly
described in section 36.07.030, are in effect 24-hours a day, seven days a week, year-
round.
8.Public park speed zones.There are created in the city, park speed zones, the limits of
which are more particularly described in section 36.07.040, wherein it is unlawful for
any operator of any vehicle to drive at a speed greater than the speed established in
said section, between the hours of 8:00 a.m. and 8:00 p.m., on streets immediately
adjacent to public parks, when signs are posted giving notice thereof. The posted
public park speed zones, which are particularly described in section 36.07.040, are in
effect 24-hours a day, seven days a week, year-round.
9.Curves, grades, alleys and in cemetery.Speed limit is 15 miles an hour when
traversing or going around curves, or traversing a grade upon a street when the driver's
view is obstructed within a distance of 100 feet along such street or highway in the
direction in which the driver is proceeding, in all alleys within the city, and within the
Sunset Hills Cemetery.
Section 2
That Section 36.07.030, Bozeman Municipal Code, will be amended as follows:
Sec. 36.07.030. School speed zones designated.
A.In accordance with the provisions of section 36.07.020.A.5, it is unlawful for any operator
of any vehicle to drive at a speed greater than that designated below or as designed by a
commission resolution pursuant to section 36.07.010.A.1, when such speed limit is properly
posted. between the hours of 8:00 a.m. and 4:30 p.m. on days or parts of days when school
is in session, on the streets or parts of streets specified in the following speed zones: The
following school speed zones are in effect 24 hours a day, seven days a week, year-round:
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Ordinance No. 2142, Revising Speed Limits
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1.Bozeman Senior High School speed zone.Speed limit is 15 miles per hour on: All that
part of North Eleventh Avenue between West Main Street and a line 300 feet south of
the south line of Durston Road; and all that part of West Villard Street between a line
150 feet east of the east line of North Eleventh Avenue and the east line of North
Eleventh Avenue; and all that part of North Fifteenth Ave between a line 150 feet
south of the south line of Beall St and a line 600 feet north of the north line of Beall
St.;
2.Hawthorne School speed zone.Speed limit is 15 miles per hour on: All that part of East
Lamme Street between a line 150 feet east of the east line of North Church Avenue and
a line 150 feet west of the west line of North Rouse Avenue; all that part of East
Mendenhall Street between a line 150 feet east of the east line of North Church Avenue
and a line 150 feet west of the west line of North Rouse Avenue; all that part of North
Church Avenue between a line 150 feet south of the south line of East Mendenhall
Street and a line 150 feet north of the north line of East Lamme Street;
3.Irving School speed zone.Speed limit is 15 miles per hour on: All that part of South
Eighth Avenue between a line 150 feet south of the south line of West Alderson Street
and a line 150 feet north of the north line of West Dickerson Street; all that part of
South Ninth Avenue between a line 150 feet south of the south line of West Alderson
Street and a line 150 feet north of the north line of West Dickerson Street; all that part
of West Alderson Street between a line 150 feet east of the east line of South Eighth
Avenue and a line 150 feet west of the west line of South Ninth Avenue; all that part of
West Dickerson Street between a line 150 feet east of the east line of South Eighth
Avenue and a line 150 feet west of the west line of South Ninth Avenue;
4.Longfellow School speed zone.Speed limit is 15 miles per hour on: All that part of
Tracy Avenue between a line 20 feet south of the south line of East Story Street to a
line 320 feet north of the north line of East College Street; all that part of East
Dickerson Street between the west line of South Tracy Avenue and a line 100 feet west
of the west line of East Tracy Avenue; all that part of East Story Street 100 feet east of
the east curbline of East Tracy Avenue;
5.Whittier School speed zone.Speed limit is 15 miles per hour on: All that part of West
Peach Street between a line 150 feet east of the east line of North Fifth Avenue and a
line 150 feet west of the west line of North Sixth Avenue; all that part of Sixth Avenue
between the north line of West Peach Street and a line 200 feet north of the north line
of West Villard Street; all that part of North Fifth Avenue between a line 150 feet north
of the north line of West Peach Street and a line 200 feet north of the north line of
West Villard Street; all that part of West Short Street between a line 150 feet west of
the west line of North Sixth Avenue and a line 150 feet east of the east line of North
Fifth Avenue; all that part of the alley adjacent to and parallel to the south line of the
Whittier School grounds in Block 4 of the Violett Addition;
6.Willson School/Bridger Alternative High School speed zone.Speed limit is 15 miles
per hour on: All that part of South Third Avenue between the south line of West Main
Street and the north line of West Babcock Street; all that part of South Fifth Avenue
between the south line of West Main Street and the north line of West Babcock Street;
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Ordinance No. 2142, Revising Speed Limits
Page 5 of 14
and all that part of W Babcock Street from a line 150 feet west of the west line of
South Fifth Avenue to a line 150 feet east of the east line of South Third Avenue;
7.Emily Dickinson School speed zone.Speed limit is 15 miles per hour on: All that part
of Annie Street between North 25th Avenue and a line 275 feet west of the east
boundary of Brentwood Avenue; all that part of North 25th Avenue between Rogers
Way and the north property line of the school; and on all that part of Durston Rd from
250 feet east of North Twenty-fifth Avenue to 250 feet west of North Twenty-fifth
Avenue;
8.Morning Star School speed zone.Speed limit is 15 miles per hour on: All that part of
Arnold Street between the west line of Westridge Drive to the west line of the school
propertyand a point 150 east of Bon Ton Avenue;
9.Sacagawea Middle School speed zone.
a.Speed limit is 15 miles per hour on: All that part of Cambridge Drive from the
west line of South Third Avenue to the west line of the school property;
b.Speed limit is 25 miles per hour on all that part of South Third Avenue from 200
feet north of Cambridge Drive to 200 feet south of Dartmouth Drive during days
and times of day so noted on the changeable speed limit signs installed on South
Third Avenue;
10.Chief Joseph Middle School speed zone.Speed limit is 15 miles per hour on: All that
part of Kimberwicke Street between the west line of Ferguson Avenue and a line 300
feet east of Arabian Avenue; and all that part of Ferguson Avenue between the south
line of Kimberwicke Street and the north line of Cattail Street;
11.Hyalite School Speed Zone.Speed limit is 2015 miles per hour on: All that part of
West Babcock Street from 150 feet east of Sheridan Place to 150 feet west of
Yellowstone Avenue.
12. Meadowlark School Speed Zone.
a.Speed limit is 15 miles per hour on: All that part of Durston Road from 500 feet
east of Flanders Mill Road west to 300 feet east of Cottonwood Road;
b.Speed limit is 15 miles per hour on: All that part of Flanders Mill Road from
Durston Road north to Sunstone Street.
13. Gallatin High School Speed Zone.
a. Speed limit is 20 miles per hour on: All that part of Oak Street from Flanders Mill
Road to Cottonwood Road.
b. Speed limit is 20 miles per hour on: All that part of Cottonwood Road from Oak
Street to Glenwood Drive.
c. Speed limit is 15 miles per hour on: All that part of Annie Street between
Cottonwood Road and Flanders Mill Road.
d. Speed limit is 15 miles per hour on: All that part of Flanders Mill Road from Annie
Street to Tanzanite Drive.
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Section 3
That Section 36.07.040, Bozeman Municipal Code, will be amended as follows:
Sec. 36.07.030. School speed zones designated.
Sec. 36.07.040. Public park speed zones.
A.In accordance with the provisions of section 36.07.020.A.8, or any applicable subsequent
commission resolution, pursuant to section 36.07.010.A.3, it is unlawful for any operator of
any vehicle to drive at a speed greater than 15 miles per hour unless otherwise specifically
designated between the hours of 8:00 a.m. and 8:00 p.m. on the streets or parts of streets
immediately adjacent to all the applicable public parks. This public park speed limit is in
effect 24-hours a day, seven days a week, year-round. , as specified in the following public
parks speed zones: The director of transportation and engineering is authorized to designate
park speed zones.
1.Aasheim Fields Park speed zone.All that part of Fowler Avenue from the south line of
West Babcock Street to the southern boundary of Aasheim Fields Park.
2.Beall Park speed zone.All that part of East Villard Street from the west line of North
Black Avenue to the east line of North Bozeman Avenue; all that part of North
Bozeman Avenue from the south line of East Villard Street to the north line of East
Short Street; all that part of East Short Street from the east line of North Bozeman
Avenue to the west line of North Black Avenue; all that part of North Black Avenue
from the north line of East Short Street to the south line of East Villard Street.
3.Bogert Park speed zone.On South Church Avenue from the north line of Bogert Park
to a point approximately 100 feet south of Bogert Place.
4.Centennial Park speed zone.All that part of North Tracy Avenue from Cottonwood
Street to the north line of Centennial Park; all that part of Cottonwood Street from the
east line of North Tracy Avenue to the west line of North Grand Avenue; all that part
of North Grand Avenue from the south line of Cottonwood Street to the north line of
Centennial Park.
5.Christie Fields Park speed zone.All that part of East Mason Street from the west line
of South Black Avenue to the east line of South Rouse Avenue; all that part of South
Rouse Avenue from the south line of East Mason Street to the north line of Christie
Field Park; all that part of South Black Avenue from the south line of East Mason
Street to the north line of Christie Field Park.
6.Cooper Park speed zone.All that part of South Eighth Avenue from a line 150 north of
West Dickerson Street to the south line of West Koch Street.
7.Farmall Street Park speed zone.All that part of Farmall Street from the west line of
Springbrook Avenue to the east line of Durham Avenue; all that part of Durham
Avenue from the south line of Farmall Street to the north boundary of Farmall Street
Park, which is approximately 500 feet north of the south line of Farmall Street; all that
part of Springbrook Avenue from the south line of Farmall Street to the north line of
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Farmall Street Park; which is approximately 500 feet north of the south line of Farmall
Street.
8.Kirk Park speed zone.All that part of West Beall Street from the east line of North
20th Avenue to the west line of Kirk Park; all that part of North 20th Avenue from a
point approximately 300 feet north of the north line of West Main Street to the north
line of West Beall Street.
9.Lindley Park speed zone.All that part of Buttonwood Avenue from the south line of
East Main Street to the entrance to the Sunset Hills Cemetery; all that part of Cypress
Avenue from the south line of East Main Street to the south line of East Curtiss Street.
10.Meyers Park speed zone.All that part of Hanley Avenue from the north line of West
Babcock Street to the south line of Brenden Street; all that part of Clifden Drive from
the north line of West Babcock Street to the south line of Brisbin Street; all that part of
Cascade Street between the west line of Hanley Avenue to the east line of Clifden
Drive.
11.Oak Springs Subdivision Park speed zone.All that part of Jardine Avenue from the
north line of Annie Street to its intersection with Palm Street; all that section of Palm
Street from its intersection with Jardine Avenue to the east line of Yellowstone
Avenue; all that part of Yellowstone Avenue from the south line of Palm Street to the
north line of Renova Lane; all that part of Renova Lane from the east line of
Yellowstone Avenue to the west line of Oak Springs Subdivision Park.
12.Westlake BMX Park speed zone.All that part of North Fifth Avenue from a line 150
feet north of Peach Street to the south line of Tamarack Street.
Section 4
That Section 36.07.050, Bozeman Municipal Code, will be amended as follows:
Sec. 36.07.050. Graduated speed zones designated.
A.In accordance with the provisions of section 36.07.020.A.5, or any applicable subsequent
commission resolution, it is unlawful for any operator of any vehicle to drive at a speed
greater than designated below upon the following streets:
1.West Babcock Street.The speed limit is 30 miles per hour on all that part of West
Babcock Street from the west line of West Main Street to the east line of Cottonwood
Road.
2.Baxter Lane.
a.The speed limit is 35 miles per hour from the west line of North Seventh Avenue
to a point approximately 1,000 feet west of North Seventh Avenue.
b.The speed limit is 45 miles per hour from a point approximately 1,000 feet west of
North Seventh Avenue to a point approximately 1,200 east of North Nineteenth
Avenue.
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c.The speed limit is 35 miles per hour from a point approximately 1,200 feet east of
North Nineteenth Avenue to the east line of North Nineteenth Avenue.
d.The speed limit is 30 miles per hour from the western line of North Nineteenth
Avenue to Vaquero Parkway.
e.The speed limit is 45 miles per hour from a point approximately 1,100 feet west of
North Nineteenth Avenue to a point approximately 1175 feet east of Gallatin
Green Boulevard.
f.The speed limit is 30 miles per hour from the western line of Cottonwood Road to
the western boundary of the City.
3.Bozeman Trail Road.The speed limit is 40 miles per hour from the west line of
Haggerty Lane to the north line of Kagy Boulevard.
4.Bridger Drive/Bridger Canyon Road.
a.The speed limit is 35 miles per hour from the junction of Bridger Drive/Bridger
Canyon Road with North Rouse Avenue to a point approximately 550 feet east of
Story Mill Road.
b.The speed limit is 45 miles per hour from a point approximately 550 feet east of
Story Mill Road to a point approximately 600 feet east of Creekwood Drive.
c.The speed limit is 60 miles per hour from a point approximately 600 feet east of
Creekwood Drive east to the city limits.
b.The speed limit is 45 miles per hour from a point approximately 550 feet east of
Story Mill Road east to the city limit.
5.West College Street.The speed limit is 35 miles per hour from the west line of South
Nineteen Avenue to the south line of West Main Street.
6.Cottonwood Road.
a.The speed limit is 40 miles per hour from Durston Road south to a point
approximately 100 feet north of Fallon Street.
b.The speed limit is 35 miles per hour from a point approximately 100 feet north of
Fallon Street to Huffine Lane.
c.The speed limit is 40 miles per hour from Huffine Lane south to the city limits.
a.The speed limit is 35 miles per hour from Baxter Lane south to Huffine Lane.
b.The speed limit is 45 miles per hour from Huffine Lane south to the city limits.
7.Davis Lane.The speed limit is 35 30 miles per hour from the north line of West Oak
Street to the south line of East Valley Center Road.
8.Durston Road.
a.The speed limit is 30 miles per hour from the west line of North 7th Avenue west
to the city limit.
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a.The speed limit is 30 miles per hour from the west line of North 7th Avenue to the
east line of Ferguson Avenue. (As this is an Urban route, this speed limit will not
be posted (signed) until the Montana Transportation Commission approves the
change.)
b.The speed limit is 35 miles per hour from the west line of Ferguson Avenue west
to the city limits.
c.The speed limit is 20 miles per hour during certain hours of school days as signed,
from 1250 feet east of North 25th Avenue to 250 feet west of North 25th Avenue.
9.Ferguson Avenue.
a.The speed limit is 35 30 miles per hour from the north line of Huffine Lane north
to the south line of Durston Road Baxter Lane.
10.Fowler Avenue.The speed limit is 35 30 miles per hour from the south line of Huffine
Lane to the north line of Garfield Street.
11.East Frontage Road.
a.The speed limit is 60 50 miles per hour from the junction of East Frontage Road
with North Seventh Avenue, northwest to the city limits.
b.The speed limit is 50 miles per hour from the junction of East Frontage Road with
East Main Street, approximately 350 feet east of Haggerty Lane at the I-90
interchange, to a point approximately 100 feet east of Hospitality Way.
c.The speed limit is 60 miles per hour from a point approximately 100 feet east of
Hospitality Way east to the city limits.
12.Garfield Street.The speed limit is 35 30 miles per hour from the west line of South
Nineteenth Avenue to the south line of Fowler Avenue.
13.Griffin Drive.The speed limit is 35 miles per hour from the east line of North Seventh
Avenue to the west line of North Rouse Avenue.
14.West Graf Street. The speed limit is 30 mph from South 11th Avenue west to the city
limit.
Haggerty Lane.
a.The speed limit is 40 miles per hour from the west line of Bozeman Trail Road to
Ellis Street.
b.The speed limit is 35 miles per hour from Ellis Street northwesterly a distance of
approximately 675 feet.
15.Haggerty Lane. The speed limit is 30 miles per hour from the west line of Bozeman
Trail Road to Main Street.
15.16.Highland Boulevard.The speed limit is 35 miles per hour from a point 400 feet
north of Holly Drive to a point 225 feet south of East Curtiss Street.
16. 17.Huffine Lane.
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a.The speed limit is 45 miles per hour from the junction of Huffine Lane with West Main
Street to a point approximately 260 feet west of Ferguson Avenue.
b.The speed limit is 55 miles per hour from a point approximately 260 feet west of
Ferguson Avenue to a point approximately 850 feet west of Cottonwood Road west to
the city limits.
c.The speed limit is 65 miles per hour from a point approximately 1850 feet west of
Cottonwood Road west to the city limits.
17.18.Kagy Boulevard.
a.The speed limit is 35 miles per hour from the east line of South Nineteenth
Avenue to a point approximately 875 feet east of Highland Boulevard.
b.The speed limit is 40 miles per hour from a point approximately 875 feet east of
Highland Boulevard to Bozeman Trail Road.
18. 19.East Main Street.The speed limit is 40 miles per hour from a point approximately
300 feet east of Cypress Avenue to the junction of East Main Street with East Frontage
Road, approximately 350 feet east of Haggerty Lane.
a. The speed limit is 40 miles per hour from a point approximately 300 feet east of
Cypress Avenue to a point approximately 350 feet east of Haggerty Lane.
b. The speed limit is 50 miles per hour from a point approximately 350 feet east of
Haggerty Lane to the junction with Frontage Road at the Interstate 90 overpass.
19. 20.West Main Street.
a.The speed limit is 35 miles per hour from a point approximately 320 feet east of
North Fifteenth Avenue to the west line of South 23rd Avenue.
b.The speed limit is 45 miles per hour from the west line of South 23rd Avenue to
the junction of West Main Street with Huffine Lane.
20. 21.Manley Road.The speed limit is 35 25 miles per hour from the north line of
Griffin Drive north to the city limits.
21. 22.McIllhattan Road.The speed limit is 30 miles per hour from the west line of Story
Mill Road northwest to the city limits.
22. 23.North Nineteenth Avenue.
a.The speed limit is 35 miles per hour from the south line of Durston Road to
approximately 500 feet north of Durston Road.
b.The speed limit is 40 miles per hour from a point approximately 500 feet north of
the south line of Durston Road to Springhill Road.
23. 24.South Nineteenth Avenue.
a.The speed limit is 35 miles per hour from the north line of West Main Street to the
south line of West College Street.
b.The speed limit is 45 40 miles per hour from the south line of West College Street
to 200 feet south of West Graf Street.
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c.The speed limit is 50 miles per hour from 200 feet south of West Graf Street south
to 200 feet south of Blackwood Road.
The speed limit for southbound traffic south of Kagy Boulevard is:
(1) 45 miles per hour from Kagy Boulevard to a point approximately 330 feet south
of Kagy Boulevard.
(2) 60 miles per hour from a point approximately 330 feet south of Kagy Boulevard
south to the city limits.
d.The speed limit for northbound traffic south of Kagy Boulevard is:
(1) 45 miles per hour from Kagy Boulevard to a point approximately 875 feet south
of Kagy Boulevard.
(2)60 miles per hour from a point approximately 1875 feet south of Kagy
Boulevard south to the city limits.
24. 25.Oak Street.
a.The speed limit is 35 miles per hour from the west line of North Rouse Avenue to
the east line of North Eleventh Avenue.
b.The speed limit is 45 miles per hour from the east line of North Eleventh Avenue
to the east line of North Nineteenth Avenue.
c.The speed limit is 35 miles per hour from the west line of North Nineteenth
Avenue to the west line of New Holland Drive Cottonwood Road.
25. 26.North Rouse Avenue.The speed limit is 35 miles per hour from a point
approximately 430 feet north of East Oak Street to the junction of North Rouse Avenue
with Bridger Drive at Griffin Drive.
26. 27.Simmental Way.The speed limit is 35 miles per hour from the north line of Baxter
Lane to the terminus of Simmental Way.
North Seventh Avenue.
a.The speed limit is 35 miles per hour from a point approximately 380 feet north of
Durston Road to a point approximately 610 feet north of West Oak Street.
b.The speed limit is 45 miles per hour from a point approximately 610 feet north of
West Oak Street to a point approximately 1,720 feet north of Griffin Drive.
c.The speed limit is 60 50 miles per hour from a point approximately 1,720 feet
north of Griffin Drive to the junction of North Seventh Avenue with East
Frontage Road.
28.Springhill Road.The speed limit is 35 miles per hour from East Frontage Road north to
the city limits.
a.The speed limit is 35 miles per hour from East Frontage Road north to a point
2,300 feet north of Moss Bridge Road.
b.The speed limit is 45 miles per hour from a point 2,300 feet north of Moss Bridge
Road north to the city limits.
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29.Story Mill Road.The speed limit is 35 30 miles per hour from the north line of Bridger
Drive north to the city limits.
30.South Third Avenue.The speed limit is 35 miles per hour from the south line of West
Graf Street to the south side of Wagonwheel Road south to the city limit.
31.East Valley Center Road.
a.The speed limit is 45 miles per hour from North Nineteenth Avenue west a
distance of approximately 2,830 feet.
b.The speed limit is 50 miles per hour from a point approximately 2,830 feet west of
North Nineteenth Avenue to a point approximately 290 feet west of North 27th
Avenue.
c.The speed limit is 60 miles per hour from a point approximately 290 feet west of
North 27th Avenue west to a point the city limits 330 feet east of East Valley
Center Spur.
d.The speed limit is 45 miles per hour from a point 330 feet east of East Valley
Center Spur west to the city limits.
Section 5
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. The park speed limits repealed from BMC 36.07.040(A) will be in full force and effect
pursuant to an order issued by the Director of Transportation and Engineering.
Section 6
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. The specific speeds zones for the parks listed in BMC Sec. 36.07.070.A.1 –12 are
repealed from the code, but remain in full force and effect.
Section 7
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
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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 8
Codification.
This Ordinance shall be codified as indicated in Section 1 – 4.
Section 9
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 25th day of July 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
____________________, 20__. The effective date of this ordinance is ______________, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
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_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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An Engineering and Traffic Investigation of
Safe Speed Limits for the City of Bozeman
July 2023
Staff Contributions:
Nicholas Ross, P.E. - Transportation and Engineering
Taylor Lonsdale, P.E. - Transportation and Engineering
Suzie Ryan, P.E. - Transportation and Engineering
Candace Mastel, AICP - Transportation and Engineering
Jim Veltkamp – Bozeman Police Department
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Context:
In support of a City Commission priority to evaluate speed limit reduction in Bozeman, in summer 2022
city staff undertook a project to recommend a new manner of setting safe speeds and adjusting speed
limits on city-controlled routes. This delivers on an action item recommended in the city’s 2022
Bozeman Streets Are For Everyone (SAFE) safety plan. In spring 2023, the City Commission provided
guidance to staff and requested that staff focus on reducing speed limits on arterial and collector streets
using the Safe Speed Study methodology.
Per Bozeman Municipal Code Sec. 36.07.010, the director of transportation and engineering, in
consultation with the chief of police, must conduct an engineering and traffic investigation. Director
Nicholas Ross, P.E., of the city’s Transportation and Engineering Department and Chief Jim Veltkamp of
the city’s Police Department conducted this required investigation and study.
Establishment of Need:
While Bozeman has historically experienced a high level of roadway safety, as demonstrated by the
USDOT’s National Roadway Safety Strategy report, two bicyclist fatalities in summer 2022, along with
growing public concern over worsening road safety conditions, necessitate adopting a proactive
approach to regulating safe transportation practices in Bozeman. National trends of increased traffic
fatalities indicate recent local fatalities may not be transient and further support this proactive
approach.
Studies have found that a vehicle’s speed is directly related to street safety. Larger and heavier vehicles
are going to have a disproportionate impact on humans because they are lighter and smaller. In other
words, the effect of vehicle speed is related to the tolerance of the human body to kinetic energy. The
kinetic energy of an object is defined by the square of its speed. In other words, a car going 40 mph
carries 4 times the energy of a car going 20 mph. This means that speed has an exponential impact on
the severity of injury in a crash. Empirical studies suggest that a person hit by a car traveling at 35 mph
may be more than five times as likely to die than if hit by a car traveling at 20 mph. Studies further
suggest that a car traveling at 40 mph requires twice the length of stopping distance as a car starveling
at 25 mph once the driver applies the breaks. Research also indicates that an increase in driving speed
correlates with a decrease in driver awareness, as a driver’s ability to perceive external factors will be
limited to the speed at which they can process the information. Further research shows that a 10%
reduction in average speed may result in a 27% reduction in severe injury crashes and a 34% reduction
in fatal crashes. Because of these findings, managing vehicular speeds is a significant focus of the SAFE
Plan.
Methods of Setting Speed Limits:
Staff began its investigation by researching various established methods of setting speed limits. This
exercise resulted in three primary options: the 85th Percentile Rule, USLIMITS2, and Safe Speed Study
methodology.
The 85th Percentile Rule has historically been the most common methodology in US transportation
engineering practice. This practice works by conducting vehicle speed measurements of an existing
roadway segment. The speed limit for that section is then set by rounding up to the nearest 5 mph
increment under which the 15% fastest drivers are choosing to travel. This methodology was originally
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developed for exclusively rural contexts, where conflicts between vehicles and people traveling by other
modes are rare. Its application in urban environments is directly responsible for speed limits set at levels
which induce higher rates of severe injury and fatal crashes, as it does not consider any of the safety
effects of speed.
USLIMITS2 was developed due to the acknowledged safety failures of the 85th Percentile Rule. This
methodology maintains 85th percentile speed as the primary factor in speed limit setting, while also
including additional factors such as 50th percentile speed, average annual daily traffic, crash rates,
activity levels, adjacent land use, and roadway geometry. This methodology improves upon the 85th
percentile rule by attempting to provide a context-sensitive speed limit while maintaining existing
driving speeds as a significant factor regardless of whether those are at safe levels.
Safe Speed Study methodology was recently developed by the National Association of City
Transportation Officials (NACTO). This methodology is a context-sensitive method of setting safe speed
limits on urban streets utilizing the Safe Systems Approach encouraged by the USDOT. This is the only of
the three options that does not use existing speeds as a factor.
On March 28, 2023 after holding a work session and considering staff’s presentation and materials, the
City Commission directed staff to use the Safe Speed Study methodology for this project.
Safe Speed Study Methodology
Existing Condition analysis under the safe speed methodology contains two primary considerations:
Conflict Density and Activity Level.
SOURCE: NACTO CITY LIMITS
A conflict occurs when a typical interaction of two or more street users is close enough that sudden
action must be taken to avoid a crash. Conflict Density describes the frequency of potential conflicts on
a given street. Conflict Density measure by the combined effect of modal mixing – the amount of
physical separation between modes - and crossing point density – the distance at which intersections
are spaced.
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SOURCE: NACTO CITY LIMITS
When applied to the city, modal mixing on all arterial and collector routes is set through Bozeman’s
Transportation Master Plan (TMP)and reinforced by the SAFE Plan. Both documents define that such
streets all must include sidewalks, dedicated bicycle lanes, and/or shared use paths. These components
work to provide a high level of physical separation resulting in a low level of modal mixing.
SOURCE: NACTO CITY LIMITS
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When applied to the city, crossing point density is set through Bozeman’s Unified Development Code,
(BMC Chapter 38) and confirmed through route alignment found in the TMP. Full access points are
typically spaced every half-mile on arterials and allowed down to 330’ spacing on collectors. These
conditions result in a low crossing point density along arterials and a moderate crossing point density
along collectors.
Staff analysis therefore finds low conflict density for arterial routes and moderate conflict density for
collector routes in the city of Bozeman.
Activity Level
SOURCE: NACTO CITY LIMITS
Activity levels on streets of Bozeman are influenced by several factors including population size,
population density, land use, and transit service. While Bozeman has a high per capita level of activity,
meaning the average individual resident participates in an active lifestyle, staff finds that this may not
corelate to high levels of street activity. The relatively low size and density of population means that at
our current size we can expect relatively few walking and biking trips outside of the downtown core.
Land use along our arterial and collector streets typically does not allow significant residential
development fronting those streets, nor does the city typically allow curb parking for winter
maintenance purposes. Finally, available transit service occurs on very few streets and at very low
frequencies.
For these reasons, staff determines that arterial and collector streets most reasonably fit under a low
activity classification in the safe speed methodology. Safe speed methodology determines a proposed
speed limit setting by utilizing a risk matrix that compares conflict density and activity level.
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SOURCE: NACTO CITY LIMITS
Conclusion:
Therefore, based on the results of the city’s engineering and traffic investigation, and in consultation
with the Chief of Police, staff recommends a 35 mph speed limit for principal arterials and a 30 mph
speed limit for minor arterials/collectors. These recommended speed limits correlate with a decreased
risk of severe and fatal injuries and vehicle crashes.
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Memorandum
REPORT TO:City Commission
FROM:Nakeisha Lyon, Associate Planner
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Short-Term Rentals Work Session
MEETING DATE:August 8, 2023
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:Receive presentation, discuss proposed alternatives, and provide direction
to staff
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:Bozeman’s existing standards for short-term rentals (STRs) were adopted in
2017 and are contained in Section 38.360.260 of the Bozeman Municipal
Code (BMC). Since then, the prevalence of STRs has increased and the City
Commission has received public comments from residents expressing
concerns related to the role STRs play in the housing market. 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 City Commission held a work session
on August 9, 2022 to discuss short term rentals. Within this work session,
the Commission directed staff to update STR regulations in two phases. The
first phase included drafting an “Affirmative Obligations” ordinance
regulating short term rental hosting platforms as one measure to increase
compliance with existing regulations. Ordinance 2131 implements this first
phase and was adopted by Commission on July 11, 2023. The second phase
was to include analysis of STR types and where they are allowed, along with
evaluation and improvement of the City’s STR data. This agenda item is a
work session to start the discussion for phase two.
A memo providing background material and a description of public outreach
efforts is attached, along with an analysis of STR data compiled by Economic
& Planning Systems (EPS) and a summary of the STR host focus group held
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on January 18, 2023. At this work session, staff will present information to
the City Commission and receive direction and input, which will then be used
to prepare a draft ordinance if Commission so desires, for further public
review and input.
UNRESOLVED ISSUES:Commission will give direction on degree to pursue specific issues related to
regulation of short-term rentals.
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:None at this time.
Attachments:
STR Aug 8 Background Info.pdf
STR Focus Group Summary.pdf
EPS - STR Analysis_08-01-23.pdf
Report compiled on: July 26, 2023
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1
Short-Term Rentals Background Information for August 8, 2023 Work Session
Overall Project Background:
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 constitutes the current standards for STRs denoted in Section
38.360.260 of the Bozeman Municipal Code (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 adoption of these provisions, the prevalence of STRs
has increased and the City Commission has received public comments regarding STRs from
residents, primarily expressing concerns related to how STRs may or may not affect long-
term rental availability in Bozeman.
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 City Commission
held a work session on August 9, 2022 to discuss short term rentals. Within this work
session, the Commission directed staff to update STR regulations in two phases. The first
phase included drafting an “Affirmative Obligations” ordinance regulating short term rental
hosting platforms as one measure to increase compliance with existing regulations and to
require regular reporting to improve the City’s data. The second phase was to include
analysis of STR types and where they are allowed.
Public Engagement:
Public outreach was conducted in several ways to inform this project. First, staff convened a
focus group comprised of 13 local STR hosts and property managers on January 18, 2023, to
hear hosts’ opinions and to assess interest in converting short-term rentals to long-term
rentals (LTRs). See attached Focus Group Summary. In short, themes heard in this group
included: financial benefits and flexibility of STRs over LTRs, challenges with landlord/tenant
relationships and maintenance of LTRs, and a desire for greater enforcement of non-
compliant STRs. In general, there was very little interest in converting STRs to LTRs, even if
financial incentives were provided.
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Additional outreach included a meeting with several City Commissioners and the Bozeman
Tenants United on February 19, 2023, which included approximately 300 residents.
Attendees expressed concerns about rising rents and proliferation of STRs, noted their
belief that limiting STRs would free up more housing units for long-term rental, asked
Commissioners to ban Type 2 and 3 STRs, and to create a financial incentive program similar
to Big Sky’s “Rent Local” program.
Affirmative Obligations Ordinance
Following extensive research of other cities’ regulations and recent case law, staff prepared
Ordinance 2131, Affirmative Obligations, to complete phase one of Commission’s instructed
STR updates. This ordinance was adopted by the Commission on July 11, 2023. Staff is
confident the new regulations will result in better compliance, improved data, and easier
enforcement.
August 8, 2023 Work Session
The second phase requested in Commission’s 2022 work session was analysis of STR types
and where they are allowed, along with evaluation and improvement of the City’s STR data.
While quarterly reporting from hosting platforms - now required by Ordinance 2131 - will
improve accuracy of the City’s STR data, staff sought to provide earlier data insights to assist
Commission’s consideration of policy options. Accordingly, the City engaged the services of
Economic & Planning Systems (EPS) to audit existing STR data and evaluate STRs’ role in
Bozeman’s housing market and tourism economy. See attached Data Analysis for a
summary of EPS’s findings, with key points.
STR Types & Allowances in Current Bozeman Municipal Code
Under the City’s existing regulations, short-term rentals are classified in three types:
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.
Type 2: A short term rental of an owner-occupied dwelling if the owner is not
occupying the dwelling during the entire rental period. Also includes short-term
rental of a permitted ADU or one unit of a duplex, whether or not the owner is
present in the other dwelling unit during the rental period.
Type 3: A short term rental that is not owner-occupied.
“Owner-occupied” is defined in the code as “the owner occupies the dwelling as his or her
principal residence for more than 50 percent of the calendar year.”
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Current Allowances:
All types of STRs are prohibited in RMH, B-1, industrial districts and PLI.
Keeping the above exceptions in mind:
Type 1 is allowed in all other residential, commercial and mixed use districts.
Type 2 is allowed in all other residential zoning districts except R-S & R-1, and all
commercial and mixed use districts.
Type 3 is allowed ONLY in commercial and mixed use zoning districts except NEHMU.
Figure 1: Table depicting existing zone allowances and prohibitions for each STR type
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Figure 2: Map of allowances by STR type
STR Registration (now Permit) Process
The existing process for an STR host to obtain City approval (formerly called “registration”
and now called “Hosting Permit” as identified in Ordinance 2131) is clearly identified on the
City’s website and includes the following steps:
1. Identify STR type and zone to determine eligibility
2. Pay registration fee ($250 per year)
3. Apply for Public Accommodations License with Gallatin County Health Department
($294/yr.) + application fee ($40)
4. Apply for a Sales and Business Use Tax Permit with MT Department of Revenue (4%)
5. Lodging Tax ID# issued by MT Department of Revenue
6. Schedule Fire Inspection ($225 – now every 3 years per recent Ordinance 2131)
7. Submit interior floor plan and exterior sketch plan of property (this helps staff verify
whether the host applied for the correct type of STR permit)
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Updated STR Data
While the attached Short-Term Rental Assessment from Economic & Planning Systems (EPS)
provides an in-depth compilation of data findings, the following are a few key points:
Of approximately 568 active STRs in Bozeman, 263 have registered with the city and
an estimated 305 have not.
Figure 3 below depicts the concentration of STR locations within the City. The map
only shows those STRs with an active City permit, as addresses of unpermitted STRs
are currently unknown. Implementation of recently adopted Ordinance 2131 is
expected to improve STR permit compliance.
Of the registered STRs:
o 19% are Type 1
o 46% are Type 2
o 35% are Type 3
With about 22,500 households in Bozeman (based on 2021 American Community
Survey), STRs make up only 2.5% of overall housing supply.
By comparison, it is common to see STRs makeup anywhere from 20-50% in other
towns located near ski resorts. Big Sky, for example contains 1,106 STRs, comprising
32% of their 3,468 housing units.
* Note the number of active STRs above is lower than previously reported as the EPS data
audit was able to remove duplicates from our software system-generated data.
Typical Characteristics of STR Types in Bozeman
Updated data and research provided by EPS has revealed some typical characteristics of
each STR type, summarized as follows:
Type 1:
o Mostly larger detached houses
o 67% are older homes (more than 40 years old)
Type 2
o Smaller than Type 1
o Predominantly detached houses
o Mix of both older & newer homes; about 50% built before 1980
Type 3
o Smaller than Type 1 & 2
o Higher share of townhomes & condo units
o Mix of older & newer homes; 36% built after 2000
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Figure 3: Concentration of STRs with active City permits in Bozeman
As shown, the heaviest concentrations of STRs (shown in yellow and orange) are located in
downtown and the Northeast neighborhood, with medium concentrations (magenta) in
Midtown and Valley West, with lighter concentrations shown in blue throughout the city.
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STRs as Lodging in Bozeman
Short-term rentals make up a significant portion of lodging options in Bozeman, as follows:
• Of total “bed base” (rooms provided for lodging) in Bozeman:
• 43% of beds are STRs
• 57% of beds are hotel rooms
• When calculated per unit rather than bed, STRs comprise 19% of lodging inventory
• Average Daily Rate of STR: $311
• Average Daily Rate of Hotel: $239
Given whole home rentals comprise a greater share of STRs in Bozeman than individual
bedrooms, the average STR rates tend to be higher than hotel rates primarily for that
reason.
Policy Discussion
At the August 8, 2023 work session, staff will present the background information and data
outlined above, as well as a comparison of several other cities’ STR regulations and fees.
The presentation will conclude with a number of policy options for City Commission
discussion and direction.
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Short Term Rental Focus Group Summary
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”
“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
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3.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.
4.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
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Final Report
Short-Term Rental Assessment
Prepared for:
City of Bozeman
Prepared by:
Economic & Planning Systems, Inc.
August 1, 2023
EPS #233074
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Table of Contents
Introduction and Summary of Findings ........................................................ 1
Purpose and Scope ........................................................................................ 1
Bozeman Short-Term Rental Program .............................................................. 2
Summary of Findings ..................................................................................... 3
Market Overview ...................................................................................... 7
Short-Term Rentals in Bozeman ................................................................. 9
Location of Short-Term Rentals ....................................................................... 9
STR Inventory ............................................................................................ 10
STR Characteristics ..................................................................................... 12
Short-Term Rental Property Values ................................................................ 15
Role of STRs in the Lodging Market ................................................................ 18
Revenue Potential of STRs ............................................................................ 21
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List of Tables
Table 1. Short-Term Rental Building Characteristics, Bozeman ............................... 12
Table 2. Lodging Inventory, Bozeman, 2023 ....................................................... 18
Table 3. Long-Term Rental Incentive Program Gap Estimate .................................. 22
List of Figures
Figure 1. Home Price Trends, Bozeman, 2016-2023 ................................................ 7
Figure 2. Percent Renters and Owners, Bozeman, 2020-2022 ................................... 8
Figure 3. Apartment Rent per Square Foot and Vacancy Rate, Bozeman, 2015-2022 .... 8
Figure 4. Map of Short-Term Rentals, Bozeman ...................................................... 9
Figure 5. Short-Term Rentals, Bozeman and Surrounding Areas, 2020-2023 ............. 11
Figure 6. Age of Short-Term Rental Units, Bozeman, 2023 ..................................... 13
Figure 7. Age of Short-Term Rentals by Type, Bozeman ......................................... 13
Figure 8. Short-Term Rental Bedroom Count by Type, Bozeman .............................. 14
Figure 9. Short-Term Rental Square Footage by Type, Bozeman ............................. 14
Figure 10. Average Assessed Value per Square Foot of Short-Term Rentals, Bozeman . 15
Figure 11. Value per Square Foot of Short-Term Rentals by Percentile ....................... 16
Figure 12. Average Home Sale Price per Square Foot, Short-Term Rentals in Bozeman,
2016-2022 17
Figure 13. Sale Price Distribution, Sales of Short-Term Rentals, 2016-2022 ................ 17
Figure 14. Lodging Tax Revenue, Bozeman, 2012-2022 ........................................... 19
Figure 15. Short-Term Rental Occupancy Rate, Bozeman Area, 2019-2023 ................ 20
Figure 16. Short-Term Rental Average Daily Rate, Bozeman Area, 2019-2023 ............ 20
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233074-STR Analysis Final Report_08-01-23.docx 1
Introduction and Summary of Findings
Short term rental (STR) hosting platforms such as VRBO, Airbnb, FlipKey, and
others including locally operated listing sites, have made it easier for homeowners
to rent their properties or rooms to overnight guests. Historically, professional
property management companies performed these functions and were paid from
gross rental revenues, often at a higher cost to property owners than is incurred
through STR host platforms. STR host platforms also give people the ability to
self-manage their properties to potentially increase revenues and decrease
management costs. As online platforms, STR host companies make it possible for
people to market their properties to a broad national and even international
audience.
A significant portion of Bozeman’s economy is supported by tourism, due to its
proximity to Bridger Bowl, Big Sky, Yellowstone National Park, and numerous
other high quality outdoor recreation assets. In tourism economies, a bed base of
hotels and other forms of lodging is needed to host overnight visitor stays. STRs
comprised a significant portion of the bed base in tourism areas even before the
modern STR platforms. In some places, STR platforms have enabled more STRs
to enter the market. Short term rental units comprised of single family homes and
condominiums can be an important complement to the hotel bed base. STRs can
often accommodate larger groups or families, and have additional amenities not
found in hotels such as full kitchens, laundry, and more space and privacy. During
the COVID-19 pandemic, STRs were particularly popular with guests because of
the perceived increase in space and separation from other parties.
The operation of STRs has created concerns that many communities, including
Bozeman, are working to address.
• Impacts on housing supply and affordability – This STR Assessment
focuses on the potential impacts of STRs on Bozeman’s housing supply for
long term occupancy and the cost of housing. A common concern is that when
a home is operated as an STR, it can take housing out of the supply available
for long-term rental or owner occupancy.
• Impacts to neighborhood character – STRs can affect the character of
neighborhoods in many ways. Busy STRs often spur neighborhood concerns
regarding traffic and noise. In off seasons, concentrations of STRs can lead to
“dark blocks” that decrease neighborhood vitality. STRs have the potential to
bring in new people with frequent turnover, which can reduce neighborliness.
Purpose and Scope
The Purpose of this STR Assessment is to assess the potential impacts of STRs on
housing supply and affordability conditions in Bozeman. The Assessment aims to
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help policymakers determine if STRs are reducing the availability of housing for
long term residents (renters and owners) and/or contributing in a significant way
to increasing housing costs in the city. Economic & Planning Systems (EPS) has
performed the following analysis and research to inform these questions.
• Review of baseline market trends – A summary of key relevant trends in
Bozeman including home prices, rental rates, and the percentage of owners
and renters.
• STR inventory analysis – Analysis of the physical characteristics (size, age,
location, etc.) of the housing units used as registered and unregistered STRs.
• STR property value analysis – Analysis of the value of STRs compared to all
housing in Bozeman, using taxable value data from the Gallatin County
Assessor.
• STR revenue generation estimate – Estimates of the revenue generated by
STR operators to inform the viability of an incentive program designed to
encourage converting STRs to long-term rentals.
Bozeman Short -Term Rental Program
The City of Bozeman requires all short-term rentals to be registered and licensed
with the City; to have a Public Accommodations license from the Gallatin County
Health Department; and to have a sales and use tax permit from the Montana
State Department of Revenue.
Taxes and Fees
STRs pay the State of Montana a 4.0% Lodging Facility Use Tax and a 4.0%
Lodging Facility Sales Tax (combined 8.0 percent), which the state receives, not
the City. The City is not able to collect any local sales tax on STRs because it is
not authorized to collect the Resort Local Option Tax capped at 3.0 percent. Only
communities with a population of under 5,500 that meet certain criteria
designated by the legislature are authorized to collect this tax.
The City collects a $250 administrative registration fee on STRs that goes towards
administering the registration and STR code enforcement programs.
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Types of STRs
The City requires STR operators to register their STR as one of three types of
STRs described below. Each type of STR has zoning districts in which they are
permitted.
Type 1 STR – The STR is also the owner’s primary residence, and the owner is
present during rental period. These are allowed in all residential, commercial, and
mixed-use zoning districts except for RMH (Residential Manufactured Home
Community) and B-1 (Neighborhood Business). Type 1 STRs can include renting
individual rooms in a home.
Type 2 STR – The STR is the owner’s primary residence, duplex, or accessory
dwelling unit, but the owner is not present during the rental period. These are
allowed in all residential, commercial, and mixed-use zoning districts except R-S
(Residential Suburban), R-1 (Residential low density), RMH (Residential
Manufactured Home Community), and B-1 (Neighborhood Business).
Type 3 STR – The STR is the entire home and STR is not the owner’s primary
residence. These are restricted from residential zoning districts but allowed in
commercial, downtown, and mixed-use zoning districts. There have been
proposals from stakeholders for the City to ban Type 3 STRs due to their potential
impacts on the housing supply for long term residents.
Summary of Findings
Community Trends and Housing Conditions
• The median home price in Bozeman is $767,500 in 2023. The median sale
price has increased by 12.4 percent annually since 2016, which means that
home prices have more than doubled since then.
• In Bozeman, 55 percent of households are renters and 45 percent are owners.
This has not changed significantly since 2010, when the share of renters was
53 percent.
• The average rent in Bozeman is $1,900 per month ($2.11/sf), which is up
significantly from $1,358 in 2010 and $1,446 in 2015. Since 2015, the
average rent has increased by an average of 4.0 percent annually.
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Short-Term Rental Inventory
• As of July 2023, there are 263 active registered short-term rentals in
Bozeman. In addition, there are an estimated 305 additional properties that
have been identified as short-term rentals on listing sites such as Airbnb,
VRBO, FlipKey, and HomeAway, that are not registered and therefore not in
compliance with the City’s regulations.
• In total, there are an estimated 568 short-term rentals currently in Bozeman.
With about 22,500 housing units in Bozeman, this means that short-term
rentals comprise 2.5 percent of the city’s total housing stock.
• Short-term rentals are classified into three types:
o 19 percent of registered short-term rentals are classified as Type 1
o 46 percent of registered short-term rentals are classified as Type 2
o 35 percent of registered short-term rentals are classified as Type 3.
• The three types of short-term rentals have different characteristics:
o Type 1 STRs tend to be larger, single-family homes. Type 1 STRs are
relatively older housing stock, with 67 percent being more than 40
years old.
o Type 2 STRs tend to be smaller than type 1 STRs and are mostly
single-family homes. Type 2 STRs are a mix of older and newer units,
with about half of units built before 1980, but about 40 percent of
units built after 2000. This indicates that Type 2 STRs are more
concentrated in new construction than Type 1 STRs.
o Type 3 STRs are generally smaller than type 1 and type 2 STRs, and
smaller than the average housing unit in Bozeman. Type 3 STRs have
a higher share of townhome/condominium units and are less commonly
single-family homes than Type 1 and Type 2 STRs. Lastly, Type 3 STRs
have a mix of older and newer units, with 36 percent built after 2000
and 15 percent built after 2010. This indicates that Type 3 STRs are
more concentrated in new construction than Type 1 STRs.
• Based on AirDNA data, which extends beyond the city limits of Bozeman into
Gallatin County, the inventory of short-term rentals has approximately
doubled since 2020. While historical data specific to Bozeman is not available,
it is reasonable to extrapolate this trend to within city limits.
Short-Term Rental Impacts
• On average, the assessed value of short-term rentals is 48 percent higher
than housing units overall in Bozeman. The median assessed value of a short-
term rental is also 49 percent higher than the median assessed value of a
housing unit in Bozeman.
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• About 63 percent of STRs are valued above the median value of housing units
in Bozeman. About 20 percent of STRs (80th percentile) are above $270/sf,
which is about the 90th percentile of assessed value for all homes.
• There are STRs operating in housing with a lower value. A total of 20 percent
of short-term rentals are valued at or below the same level as the lowest 20
percent of housing units in Bozeman in terms of value. This indicates that a
portion of the STR inventory is located in relatively lower value housing.
• Assessed value is consistent between Type 1, Type 2, and Type 3 short-term
rentals.
Short-Term Rentals and the Economy
• Short-term rentals are a significant part of the lodging inventory. STRs
comprise 43 percent of the overall bed base (in terms of room count), while
hotels comprise 57 percent. In terms of units, STRs comprise 19 percent of
the lodging inventory.
• Tourism and lodging activity has increased substantially in Bozeman over the
past decade. From 2012 to 2022, lodging tax revenue grew by 250 percent,
although the vast majority of this growth occurred in 2021 and 2022.
• The short-term rental market in Bozeman has performed very well in recent
years. The average occupancy increased from 57 percent in 2019 to 68 percent
in 2022, while the average daily rate increased from $225 in 2019 to $311 in
2022. This indicates strong and consistent demand for short-term rental stays.
Policy Approaches
There are numerous approaches to regulating short term rentals, summarized
below.
• Licensing approaches
o Caps or limits on the number of STR licenses issued.
o Active enforcement of STR licenses and affirmative obligation
requirements.
o Tightening owner occupancy requirements for STR licenses, such as
requiring that an STR is an owner’s primary residence or that an owner
must reside on premises while the unit is rented out.
o Limits on rental nights per year.
• Zoning approaches
o Limiting STRs to specific zoning districts or areas.
o Minimum buffers between STRs or limits on STRs per block.
o A zoning approach can be combined with a license cap approach, such
as by regulating STRs differently by zone district or allocating a set
number of licenses to different zone districts/areas/neighborhoods.
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• Regulatory fees or taxes
o Levying an annual fee on short-term rentals per bedroom or unit in
addition to the administrative registration fee. This revenue could be
specifically used for housing programs.
o Additional excise taxes can be levied specifically on STR stays.
o Programs that incentivize STR owners to convert their property to
long-term rentals for locals, such as lease to locals programs or buy
down programs.
Long-term rental incentive program
It is estimated that the median-revenue STR in Bozeman generates approximately
$52,000 per year in annual gross revenue. The annual affordable rent at 60% of
AMI is $19,692, which would be paid by a tenant(s). A long-term rental incentive
program would need to fill the gap, estimated at $32,216 per rental unit annually.
This gap may be higher as we have not accounted for operating expenses or
tenant-paid utilities that would increase their costs above the 60% AMI affordable
level.
While some communities have implemented these programs, there are a number
of considerations associated with a long-term rental incentive program:
• Not a permanent investment: The City would need to make this subsidy
annually, and potentially negotiate it every year as leases renew. If the City
invests in an affordable development project, it can get a long-term or
permanent affordability guarantee tied to its subsidy money.
• Administration and tracking: There would be staff and administrative costs
needed to track the active leases and maintain an inventory and enforce
compliance. At least 1 additional full-time employee, if not more, would be
necessary to administer such a program for a city the size of Bozeman.
• Potential impact: STRs in the 25th percentile of annual revenue have more
potential to be incentivized to long-term rental, as the annual revenue gap is
estimated roughly at just under $10,000. Of the 264 active STRs, about 66
STRs potentially fall into this category, but it would still be up to the
homeowner.
• Revenue source: Breckenridge, CO is one example of a community that has
started a long-term rental incentive program. However, it has several
dedicated taxes and fees that go towards this and other programs.
• Homeowner preferences: Some STR homeowners also use their units as
vacation homes and rent them to offset ownership costs. High-income
homeowners, and owners of especially high value homes may simply not
prefer to rent their home long-term (or short term) because they do not need
the revenue or simply prefer to have it for their own use.
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Market Overview
Bozeman has become a high-cost housing market over the past five to 10 years.
The current median home price in the city is $767,500 (Figure 1), which is up
from $356,181 in 2016, while the current average sale price is $908,711. Since
2016, the median sale price has risen by an average of 12.4 percent per year and
the median home price has more than doubled. The year over year percent
increases were especially high from 2019-2020 (+17.4%) and 2020-2021
(+29.6%). Home price increases have slowed in 2023, with only a 1.7 percent
increase at the end of the second quarter. An income of roughly 160 to 175% of
AMI is needed to afford the median home price in Bozeman.
Figure 1. Home Price Trends, Bozeman, 2016-2023
$356,181 $385,000 $417,188 $445,863
$522,982
$635,000
$771,000 $773,000
$383,610 $415,846 $437,743
$497,463
$582,022
$777,894
$946,091 $908,711
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
2016 2017 2018 2019 2020 2021 2022 2023*
Sale Price Median Sale Price Average Sale Price
*Through Q2 2023
Source: Gallatin County Deed Records;Economic& Planning Systems
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Currently, about 55 percent of households in Bozeman rent their home (Figure 2).
The percentage of renters and owners has not shifted substantially since 2000.
The presence of Montana State University and its student population has a large
influence on the number of renters in the city.
Figure 2. Percent Renters and Owners, Bozeman, 2020-2022
Monthly rents for apartments in Bozeman were approximately $1,900 per month
or $2.11 per square foot at the end of 2022 (Figure 3). Rents have grown at an
annual rate of 4.1 percent. The rental market has had a shortage of supply, as
vacancy rates were below a 5.0 percent balanced market benchmark in 2017
through 2022. The shortage of supply may have contributed to rent increases.
Figure 3. Apartment Rent per Square Foot and Vacancy Rate, Bozeman, 2015-2022
53.1%54.5%55.0%
46.9%45.5%45.0%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
2000 2010 2022
Renters Owners
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Short-Term Rentals in Bozeman
Locat ion of Short -T erm R entals
Short-term rentals are primarily concentrated around downtown Bozeman,
especially to the north and northeast of downtown. As shown in Figure 4, there is
a major cluster of short-term rentals north of Main Street between 7th Avenue and
Interstate 90. In addition, there are clusters of short-term rentals south of
downtown and in the west end of the city, where short-term rentals have
emerged around Valley West. A relatively small number of short-term rentals are
scattered around other parts of the city. In terms of type, Type 3 short-term
rentals are generally concentrated around the downtown area, particularly in
newer condo and multifamily projects. The location of other types of short-term
rentals reflects the location of short-term rentals across the city more generally.
Figure 4. Map of Short-Term Rentals, Bozeman
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For active short-term rentals, 38 percent are not in a neighborhood association
area. Among STRs that are located with a neighborhood association area, a
plurality (38 percent) are in the Northeast Neighborhood Association area, while
16 percent are in the Cooper Park Neighborhood Association area, 13 percent are
in the Midtown Neighborhood Association area, 7 percent are in the Bogert Park
Neighborhood Association area, and 6 percent are in the South Central
Association of Neighbors area. This further highlights that STRs are primarily
clustered in and around the downtown area of Bozeman, especially to the north
and northeast of downtown.
STR Inventory
As of July 2023, Bozeman has 264 short-term rentals with active registrations. It
is important to note that only a portion of properties used as short-term rentals
are officially registered with the City. According to data from the City, there are
an estimated 305 additional properties that have been identified as short-term
rentals on listing sites such as Airbnb, VRBO, FlipKey, and HomeAway, that are
not registered and therefore not in compliance with the City’s regulations. In
total, this means that there are an estimated 569 short-term rentals in Bozeman,
with slightly over half of them holding active registrations. As of 2022, Bozeman
had approximately 22,500 housing units, which means that short-term rentals
comprise about 2.5 percent of the city’s overall housing stock.
The City is working to increase registration and compliance with its regulations. The
City has recently adopted an “Affirmative Obligation Requirement” that places much
of the burden of compliance on the STR hosting platforms. Under this requirement,
the hosting platforms would be required to obtain proof from the property owner
that the property is registered and complies with all local regulations. Several major
cities in the U.S. have an Affirmative Obligation requirement.
The registered short-term rental inventory is categorized into three different
types: Type 1, Type 2, and Type 3. The definitions of these are shown below:
• Type 1 STR: The STR is the owner’s primary residence, and the owner is
present during rental period. These are allowed in all residential, commercial,
and mixed-use zoning districts except for RMH (Residential Manufactured
Home Community) and B-1 (Neighborhood Business). Type 1 STRs can
include renting individual rooms in a home.
o 19 percent of short-term rentals are classified as Type 1.
• Type 2 STR: The STR is the owner’s primary residence, duplex or ADU, but
the owner is not present during rental period. These are allowed in all
residential, commercial, and mixed-use zoning districts except R-S
(Residential Suburban), R-1 (Residential low density), RMH (Residential
Manufactured Home Community), and B-1 (Neighborhood Business).
o 46 percent of short-term rentals are classified as Type 2
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• Type 3 STR: The STR is the entire home and STR is not the owner’s primary
residence. These are restricted from residential zoning district, but are allowed
in commercial, downtown, and mixed-use zoning districts.
o 35 percent of short-term rentals are classified as Type 3.
Another common source for short-term rental data is AirDNA, which tracks short-
term rental listings and market trends in the Bozeman area. Notably, the AirDNA
market area for Bozeman extends beyond the City of Bozeman to surrounding
communities, including Four Corners, Cowan, Patterson, and the eastern end of
Gallatin County (such as Bridger, West End, and Chestnut). According to AirDNA,
there are 1,192 short-term rentals in Bozeman and the vicinity as of the second
quarter of 2023, as shown in Figure 5. The short-term rental inventory has been
growing over time, and the current inventory of 1,192 represents an 89 percent
increase over the number short-term rentals in the second quarter of 2020.
Approximately 93 percent of these short-term rentals are classified as entire
homes, while 7 percent are classified as private rooms within homes. It is
important to note that AirDNA does not provide a definitive count of STRs in
Bozeman, both because its boundaries extend well beyond the city limits and
because it has not been edited and cleaned to the same extent that the City’s
data on STR licenses and listings has been. Rather, this AirDNA data is an
indicator of inventory growth over time.
Figure 5. Short-Term Rentals, Bozeman and Surrounding Areas, 2020-2023
630 635 592 608
716
789 800 824
982
1,064 1,087 1,089
1,192
0
200
400
600
800
1,000
1,200
1,400
Q2
2020
Q3
2020
Q4
2020
Q1
2021
Q2
2021
Q3
2021
Q4
2021
Q1
2022
Q2
2022
Q3
2022
Q4
2022
Q1
2023
Q2
2023
Rentals
Source: Airdna; Economic& Planning Systems
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STR Characteristics
EPS analyzed characteristics of short-term rentals in Bozeman using the license
data provided by the City as well as assessor data. This analysis provides insight
into the kinds of properties that are commonly used as short-term rentals.
A key point of analysis is categorizing short-term rentals by building type. Short-
term rentals fall into three categories of building type: single family homes,
duplexes/townhomes (which also includes accessory dwelling units), and
multifamily/condo. In Bozeman, 68 percent of registered short-term rentals are
classified as single family homes, while 19 percent are duplexes/townhomes, and
13 percent are multifamily/condo units, as shown in Table 1. By comparison, 60
percent of all housing units in Bozeman are single family homes.
Building type varies by short-term rental type. Type 1 and Type 2 short-term
rentals are primarily in single family homes, with 70 and 71 percent of Type 1 and
Type 2 STRs classified as single family homes, respectively. About 14 percent of
Type 1 and 25 percent of Type 2 STRs are duplexes/townhomes, while 16 percent
of Type 1 and 5 percent of Type 2 STRs are multifamily/condo units. By contrast,
Type 3 short-term rentals are more commonly multifamily/condo units, which
comprise 31 percent of Type 3 STRs, while duplexes/townhomes comprise 17
percent, and single family homes comprise 53 percent. In summary, a majority of
short-term rentals are in single family homes, which generally reflects the overall
housing stock in Bozeman, although Type 3 short-term rentals are more likely to
be located in multifamily/condo units.
Table 1. Short-Term Rental Building Characteristics, Bozeman
Short-term rental units are generally older than the overall housing stock in
Bozeman. As shown in Figure 6, 53 percent of short-term rentals are more than
40 years old, compared to 33 percent of units citywide. The share of short-term
rentals built in the past 10 to 20 years is similar to the share of housing units built
in Bozeman as a whole in the past 10 to 20 years, indicating that short-term
rentals as a whole are not over or underrepresented in new residential
construction.
Description Type 1 Type 2 Type 3 STRs Overall
Building Type
Single Family 70%71%53%68%
Duplex/Townhome 14%25%17%19%
Multifamily/Condo 16%5%31%13%
Source: City of Bozeman; Economic & Planning Systems
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However, when analyzed by type, the age of the short-term rental stock is more
varied. Type 1 short-term rentals are predominantly older units, while Type 2 and
Type 3 short-term rentals tend to be newer units and more heavily represented in
new construction. As shown in Figure 7, 67 percent of Type 1 STRs are more
than 40 years old, compared to 52 percent of Type 2 and 55 percent of Type 3
STRs. Moreover, 36 percent of Type 3 STRs are less than 20 years old, compared
to 40 percent of Type 2 and 28 percent of Type 1 STRs.
Figure 6. Age of Short-Term Rental Units, Bozeman, 2023
Figure 7. Age of Short-Term Rentals by Type, Bozeman
53%
3%
3%
19%
21%
33%
9%
14%
20%
24%
0%10%20%30%40%50%60%
40+ Years
30-40 Years
20-30 Years
10-20 Years
Less than 10 Years
Short-Term Rentals
All Housing Units
Source: City of Bozeman; U.S. Census; Economic& Planning Systems
67%
5%
0%
14%
14%
52%
2%
5%
20%
20%
55%
0%
9%
21%
15%
0%10%20%30%40%50%60%70%80%
40+ Years
30-40 Years
20-30 Years
10-20 Years
Less than 10 Years
Type 1 Type 2 Type 3
Source: City of Bozeman; U.S. Census; Economic& Planning Systems
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Short-Term Rental Assessment
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Short-term rentals have an average of 3.30 bedrooms per unit, which is slightly
lower than the Bozeman average of 3.38 bedrooms per unit, as shown in Figure 8.
Type 1 short-term rentals have the highest average number of bedrooms, with
3.56 bedrooms per unit, while Type 2 STRs have an average of 3.15 bedrooms
per unit, and Type 3 STRs have an average of 3.03 bedrooms per unit. This
indicates that Type 3 STRs tend to be smaller than Type 2 and Type 1 STRs.
The average size of short-term rentals shows a similar pattern. Overall, short-
term rentals have an average size of 1,759 square feet per unit, compared to
1,816 square feet for units in the housing stock overall, as shown in Figure 9.
Type 3 STRs are generally smaller units, with an average of 1,602 square feet per
unit, compared to an average of 1,649 square feet per unit for Type 2 STRs, and
an average of 1,923 square feet per unit for Type 1 STRs.
Figure 8. Short-Term Rental Bedroom Count by Type, Bozeman
Figure 9. Short-Term Rental Square Footage by Type, Bozeman
3.56
3.15
3.03
3.30
3.38
2.70 2.80 2.90 3.00 3.10 3.20 3.30 3.40 3.50 3.60
Type 1
Type 2
Type 3
STRs
Overall
Bozeman
Overall
Avg. # of Bedrooms
Source: City of Bozeman;Economic& Planning Systems
1,923
1,649
1,602
1,759
1,816
0 500 1,000 1,500 2,000 2,500
Type 1
Type 2
Type 3
STRs
Overall
Bozeman
Overall
Avg. Sq. Feet
Source: City of Bozeman;Economic& Planning Systems
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Short-Term Rental Property Values
Assessor Values
EPS analyzed the value of STRs compared to all housing units in the city.
Assessed value from the Gallatin County Assessor was used to compare value
characteristics. The assessed value data is from the last reappraisal cycle and is
therefore lower than 2023 market values. Additionally, it is unlikely that the
Gallatin County Assessor considers the use of a unit as an STR in determining
value. The analysis shows that on average, STRs operate in higher valued
property compared to citywide averages.
Short-term rentals have an assessed value of $177 per square foot, which is 48
percent higher than the average for all housing units in Bozeman at $119 per
square foot, as shown in Figure 10. Similarly, the median assessed value per
square foot of a short-term rental is 49 percent higher than the overall median
assessed value of housing units in Bozeman. Furthermore, about 63 percent of
STRs are valued above the median assessed value of housing units in Bozeman,
while 20 percent of STRs (80th percentile) are valued above $270 per square foot,
which is the 90th percentile of assessed value for all homes in Bozeman, as shown
in Figure 11.
These data show that STRs are generally higher-value homes relative to the rest of
the housing stock in Bozeman. Among STR types, values are relatively consistent,
with Type 2 and Type 3 STRs having slightly higher values than Type 1 STRs.
Figure 10. Average Assessed Value per Square Foot of Short-Term Rentals, Bozeman
$170
$180
$179
$177
$119
$40 $60 $80 $100 $120 $140 $160 $180 $200
Type 1
Type 2
Type 3
STRs
Overall
Bozeman
Overall
Avg. Value per Sq. Foot
Source: City of Bozeman;Gallatin County Assessor; Economic & Planning Systems
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Short-Term Rental Assessment
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While STRs are generally high value housing units relative to other housing units
in Bozeman, there are still STRs operating in housing with lower assessed values.
A total of 20 percent of short-term rentals are valued at or below the same level
as the lowest-valued 20 percent of housing units in Bozeman. A portion of the
STR inventory is therefore located in relatively lower value housing – STRs are not
exclusively concentrated in higher-end, less accessible housing stock, and have
emerged in units that may be more affordable to middle-class and working-class
owners or renters. This suggests that restrictions on STRs may affect only a small
portion of the housing supply and suggests that if these units were not permitted
to be rented as STRs, they would not become affordable long-term rentals or
homes for sale without additional subsidy or support.
Figure 11. Value per Square Foot of Short-Term Rentals by Percentile
Sales Prices
EPS also evaluated the recent sale prices of STRs in Bozeman. Sale prices more
closely reflect market values than assessor data and are a key data point in
analyzing property and housing characteristics. Sales prices also show that STRs
are generally more expensive than other homes in Bozeman.
In 2022, short-term rentals had an average sale price of $532 per square foot,
which is 25 percent higher than the overall average sale price per square foot in
2022 in Bozeman of $425 (Figure 12). Short-term rentals also had an overall
median sale price of $797,500 in 2022, which is 3.5 percent higher than the
median sale price in Bozeman of $771,000. From 2016 to 2022, the average sale
price per square foot of short-term rentals increased by 148 percent and has been
consistently higher in each of those years than the average sale price per square
foot for home sales in Bozeman as a whole.
$62
$95
$126
$167
$270
$61
$76 $85 $97
$149
$0
$50
$100
$150
$200
$250
$300
20th Percentile 40th Percentile Median 60th Percentile 80th Percentile
Value psf
Short-Term Rentals Bozeman Overall
Source: City of Bozeman; Economic& Planning Systems
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EPS also analyzed the sales distribution by area median income of short-term
rentals. To estimate the affordable price, EPS used the median household income
for a 3-person household as determined by HUD in each of the sales years
analyzed (2016 through 2023) and calculated the sale price if a household at this
income level were to spend 30 percent of its income on housing costs. In total, 20
percent of sales were affordable to households below 100 percent of area median
income, compared to 26 percent of sales citywide, while 35 percent were
affordable to households below 120 percent of area median income, as shown in
Figure 13.
The trends in sale prices for short-term rentals provide further indication that
short-term rentals are generally higher-value housing relative to the rest of the
housing stock in Bozeman. It also highlights that units used as short-term rentals
are unaffordable to most households in Bozeman, and especially to middle-class
and working-class households.
Figure 12. Average Home Sale Price per Square Foot, Short-Term Rentals in Bozeman, 2016-2022
Figure 13. Sale Price Distribution, Sales of Short-Term Rentals, 2016-2022
$214
$297
$337
$426
$353
$435
$532
$185
$209 $224 $241 $269
$347
$425
$0
$100
$200
$300
$400
$500
$600
2016 2017 2018 2019 2020 2021 2022
Sale Price/sf Short-term rentals Sales Overall
Source: Gallatin County Deed Records;Economic& Planning Systems
Under 50%
AMI
1%
50%-80%
AMI
8%
80%-100%
AMI
11%
Above 100% AMI
15%
Above 120% AMI
65%
0%10%20%30%40%50%60%70%80%90%100%
% of total
Source: Gallatin County Deed Records; Economic& Planning Systems
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Role of STRs in the Lodging Market
Over the past 10 to 20 years, short-term rentals have become a large part of the
market for lodging and accommodations. With the growth of platforms such as
Airbnb and Vrbo, which have democratized the ability of property owners to rent
their units to guests, short-term rentals have proliferated in markets across the
U.S., especially those with strong demand for tourism like Bozeman.
Short-term rentals are a significant part of the lodging inventory in Bozeman.
STRs comprise 19 percent of the lodging inventory in terms of unit count, while
hotels comprise 81 percent. In terms of bedrooms, the share of short-term
rentals is much higher, as STRs comprise 43 percent of the lodging inventory in
terms of bedrooms/bed base, while hotels comprise 57 percent, as shown in
Table 2. So, while hotel rooms still make up the majority of Bozeman’s bed base,
STRs play an important role in the ability of the city to accommodate visitors.
STRs also cater to different group and visitor preferences as they have more
space, kitchens, and sometimes yards and garages.
Table 2. Lodging Inventory, Bozeman, 2023
Description Total Units/Rooms Bedrooms % of Inventory*
Current Lodging
Hotels 2,447 2,447 57%
Short-Term Rentals 568 1,852 43%
Total Bed Base 3,015 4,299 100%
*In terms of bedrooms
Source: City of Bozeman; Economic & Planning Systems
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Tourism and lodging activity has increased substantially in Bozeman over the past
decade, based on growth in lodging tax revenue.1 From 2012 to 2022, lodging tax
revenue grew by 250 percent or an average of 13 percent annually, although the
vast majority of this growth occurred in 2021 and 2022, when year-over-year
revenue increased by 103 percent and 19 percent, respectively, as shown in
Figure 14. While some of this growth in 2021 and 2022 can be attributed to a
sharp uptick in domestic and recreational travel resulting from the impacts of the
COVID-19 pandemic, the general trend over the past decade shows that visitation
activity in Bozeman has been strong.
Figure 14. Lodging Tax Revenue, Bozeman, 2012-2022
1 This refers to revenue from the 4% Lodging Facility Use Tax levied on lodging stays. The revenue goes
to various state and local special revenue funds - primarily to the Montana Department of Commerce. A
portion of the revenue collected in Bozeman go back to the local convention & visitors bureau (CVB) and local tourism region.
$1,500,892 $1,718,816 $1,881,925 $2,138,488 $2,244,100 $2,408,222 $2,612,460
$2,877,820
$2,188,093
$4,449,097
$5,299,333
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Ann. Revenue
Source: Montana Dept. of Revenue; Economic & Planning Systems
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Short-Term Rental Assessment
20
The short-term rental market in Bozeman has performed well over the past
several years. Occupancy rates have been rising, with the average annual
occupancy rate of short-term rentals increasing from 57 percent in 2019 to 68
percent in 2022, with the highest occupancy rates achieved in the summer
months when the monthly occupancy rate is often above 80 percent, as shown in
Figure 15. The average daily rate for short-term rentals has also been going up,
as it increased from an annual average of $225 in 2019 to $311 in 2022, which
represents a 38 percent increase, outpacing inflation as measured by the
consumer price index, which increased by 25 percent over the same period. This
indicates strong and consistent demand for short-term rental stays.
Figure 15. Short-Term Rental Occupancy Rate, Bozeman Area, 2019-2023
Figure 16. Short-Term Rental Average Daily Rate, Bozeman Area, 2019-2023
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Jan
2019
May
2019
Sep
2019
Jan
2020
May
2020
Sep
2020
Jan
2021
May
2021
Sep
2021
Jan
2022
May
2022
Sep
2022
Jan
2023
May
2023
% Occupancy
Monthly Occupancy
Annual Avg. Occupancy
Source: Airdna; Economic & Planning Systems
$225 $241
$281
$311 $308
$0
$50
$100
$150
$200
$250
$300
$350
2019 2020 2021 2022 2023*
Avg. Daily Rate
*Through June
Source: Airdna; Economic & Planning Systems
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Revenue P otential of STRs
One option that has been proposed in the community is to explore an incentive
program that would pay STR owners to convert their home to a long-term rental.
In Table 3 we show a rough calculation of the annual revenue per unit needed to
make a program like this viable.
Using data from AirDNA, it is estimated that the median-revenue STR in Bozeman
generates approximately $52,000 per year in annual gross revenue. The annual
affordable rent at 60% of AMI is $19,692 which would be paid by a tenant(s). A
long term rental incentive program would need to fill the gap, estimated at
$32,216 per rental unit annually. This gap may be higher as we have not
accounted for operating expenses or tenant-paid utilities which would increase
their costs above the 60% AMI affordable level.
There are a number of considerations associated with a long-term rental incentive
program:
• Not a permanent investment: The City would need to make this subsidy
annually, and potentially negotiate it every year as leases renew. If the City
invests in an affordable development project, however, it can get a long-term
or permanent affordability guarantee tied to its subsidy money.
• Administration and tracking: There would be staff and administrative costs
needed to track the active leases and maintain an inventory and enforce
compliance. At least 1 additional full-time employee, if not more, would be
necessary to administer such a program for a city the size of Bozeman.
• Potential impact: STRs in the 25th percentile of annual revenue have more
potential to be incentivized to long-term rental, as the annual revenue gap is
estimated roughly at just under $10,000. Of the 264 active STRs, about 66
STRs potentially fall into this category, but it would still be up to the
homeowner.
• Revenue source: Breckenridge, CO is one example of a community that has
started a long-term rental incentive program. However, it has several
dedicated taxes and fees that go towards this and other programs. Is this
bullet needed here (as it is not included below where this section is repeated.
• Homeowner preferences: Some STR homeowners also use their units as
vacation homes and rent them to offset ownership costs. High-income
homeowners, and owners of especially high value homes may simply not
prefer to rent their home long-term (or short term) because they do not need
the revenue or simply prefer to have it for their own use.
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Short-Term Rental Assessment
22
Table 3. Long-Term Rental Incentive Program Gap Estimate
Description 25th Percentile Median 75th Percentile
Bedrooms
Monthly Revenue $2,670 $4,326 $6,643
Annual Revenue $32,040 $51,908 $79,710
Monthly Rental - 60% AMI $1,641 $1,641 $1,641
Annual Rental - 60% AMI $19,692 $19,692 $19,692
Monthly Avg. Market Rate Apartment $1,900 $1,900 $1,900
Annual Avg. Market Rate Apartment $22,800 $22,800 $22,800
60% AMI $12,348 $32,216 $60,018
Market Rate Apartment $9,240 $29,108 $56,910
[1] Novagradac income and rent calculator via HUD
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\233074-Bozeman STR\Data\[233074-Airdna Data.xlsx]T-Revenue potential BD
Short-term Rentals
Short-term Rentals
Affordable Rent (3 bedroom) [1]
Annual Revenue Gap to Fill
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Memorandum
REPORT TO:City Commission
FROM:Kira Peters, City of Bozeman Assistant City Manager
Anna Saverud, City of Bozeman Assistant City Attorney
SUBJECT:Ordinance 2147 Provisional Adoption of Regulations for Camping on City
Right-of-way
MEETING DATE:August 8, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:
I move to provisionally adopt Ordinance 2147, the Regulations for Camping
on City Right-of-Way.
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:There is a documented increase in the number of recreational vehicles,
campers, vans and other vehicles on the public right-of-way throughout the
City of Bozeman where people are residing or using the right-of-way for
additional storage.
The city would like to ensure that the public rights-of-way, which is intended
for the purposes of travel for all residents, are unencumbered, that street
maintenance including snow removal can occur as needed, that solid waste
or other waste does not accumulate impacting the health of residents or
negatively impact stormwater systems, and to balance community interests
and concerns.
It necessary for the health, safety, and welfare of all residents of the city and
users of the public rights-of-way to align the municipal code with federal law
and provide appropriate time, place and manner restrictions on the use of
the public right-of-way for camping.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As directed by City of Bozeman Commission.
FISCAL EFFECTS:Total Estimated Fiscal Year Impacts: $353,000 (Estimated cost of towing and
136
street clean is $153,000 and estimated cost of two new positions to support
education and compliance is $200,000)
Report compiled on: July 21, 2023
137
Memorandum
REPORT TO:City Commission
FROM:Susana Montana, Senior Planner
Brian Krueger, Development Review Division Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Continue the Public Meeting to Consider the Aaker Phase 1 Major
Subdivision Preliminary Plat Application to the August 15, 2023 Commission
Meeting (Quasi-Judicial)
MEETING DATE:August 8, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:I move to continue the Aaker Phase 1 Major Subdivision Preliminary Plat
application to the August 15, 2023 meeting.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:This is an application for a major subdivision preliminary plat to divide a
95.41 acre parcel into 11 lots consisting of 7 buildable lots, 2 common open
space lots, 1 park lot and 1 restricted lot, called Tract B on the plat map. The
Phase 1 development includes the 7 buildable lots, 2 open space lots, and
the park lot which contains wetlands; these lots are zoned REMU, Residential
Emphasis Mixed Use. The Tract B Restricted Lot is zoned B-2M and also
contains a wetland area. Development of Tract B as a second phase would
require a separate subdivision application.
The subdivider requests two Unified Development Code variances with this
application: a variance to Section 38.400.010.A.1 Relation to Undeveloped
Area; and a variance to Section 38.420.060.A Parkland Frontage. The City did
not receive any public comment on the application as of the August 2, 2023
date of this report.
At the last minute, the Applicant requested some amendments to staff-
recommended conditions and code provisions for this project which caused
a delay in the preparation of the staff report to the Commission; hence the
need to delay the hearing for one week to August 15, 2023. Thank you.
138
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: August 2, 2023
139