HomeMy WebLinkAbout11-21-23 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
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B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.FYI
E.Commission Disclosures
F.Consent
F.1 Accounts Payable Claims Review and Approval (Waters)
F.2 Approve the Final Plat for the Keck Minor Subdivision, Application 22317 (Quasi-
Judicial)(Cramblet)
F.3 Authorize the City Manager to sign a Professional Services Agreement with Clean Slate for
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, November 21, 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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the 2023-2024 Sidewalk Snow Removal Services.(Ross)
F.4 Authorize the City Manager to Sign a Professional Services Agreement with Advanced
Engineering and Environmental Services, LLC Providing Engineering Services to Design the
Phase I Rehabilitation Improvements to the City’s Sourdough Water Storage
Tank(Nielsen)
F.5 Authorize the City Manager to Sign an Amendment 1 to the Professional Services
Agreement for Janitorial Services Citywide with Dust Bunnies Cleaning Services for 2024
Cleaning Services(Ziegler)
F.6 Authorize City Manager to Sign an Amendment 1 to Task Order 6 with Sanderson Stewart
for Right-of-way Acquisition Services on the Fowler Connection (Huffine to Oak)
Project(Murray)
F.7 Authorize the City Manager to Sign a Second Amendment to the Professional Services
Agreement with K2 Ventures, Inc. for Snow Removal and Maintenance Services in the Parks
and Trails District(Kline)
F.8 Authorize the City Manager to Sign an Amendment 2 to the Professional Services
Agreement for Snow Removal Services with All Valley Landscaping Services LLC for 2023-
2024 Snow Removal Season(Ziegler)
F.9 Authorize the City Manager to Sign a Third Amendment to Professional Services Agreement
with Cushing Terrell for Engineering and Architectural Services for Swim Center
Renovation(Ziegler)
F.10 Authorize City Manager to Sign an Agreement for Purchase of Furniture and Related
Services for the Fire Station 2 Relocation Project under Cooperative Purchasing
Agreements(Henderson)
F.11 Resolution 5531 Modification of Special Improvement Lighting District 766 for Northwest
Crossing Ph 1-2(Hodnett)
G.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.
H.Mayoral Proclamation
H.1 Proclaiming National Small Business Saturday(Andrus)
I.Action Items
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I.1 Resolution 5553 Updating City Fire Permit and Plan Review Fees (Waldo )
I.2 Resolution 5555 Adoption of Model Homeowner Association (HOA) Covenants (Peters )
J.Appointments
J.1 Appointment to the City-County Board of Health(Maas)
J.2 Appointments to the Historic Preservation Advisory Board (Newby)
K.FYI / Discussion
L.Adjournment
City Commission meetings are open to all members of the public. If you have a disability and require
assistance, please contact the City for ADA coordination, 406.582.2306 (TDD 406.582.2301).
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
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Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Nicole Armstrong, Accounts Payable Clerk
Rhonda Edwards, Accounts Payable Clerk
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of claims as presented.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires 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: November 8, 2023
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Memorandum
REPORT TO:City Commission
FROM:Elizabeth Cramblet, Associate Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Approve the Final Plat for the Keck Minor Subdivision, Application 22317
(Quasi-Judicial)
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the Memorandum, application and
submitted materials, I hereby adopt the findings presented in the
Memorandum for application 22317 and approve the Keck Minor
Subdivision Final Plat and authorize the Director of Transportation and
Engineering and Director of Community Development to execute the same
on behalf of the City of Bozeman.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:On September 9, 2022. the applicant, Hyalite Engineers, PLLC, submitted an
application for a Final Plat for the .49 acre subject property. Since this date,
two requests by the landowner were made to extend the deadline for the
approved Preliminary Plat application 18399. The second request was filed
on September 27, 2023 which extended the final plat approval until
December 7, 2023. This was to ensure there was enough time for final
review and approval of Final Plat application 22317. The applicant submitted
a narrative outlining how each of the conditions of the preliminary plat
approval have been met. There are two easements associated with this final
plat application that include a Power Line Easement and a Water and Sewer
Easement that have been attached.
The subject property is located on the northwest corner of the intersection
of W Villard Street and N 3rd Avenue, and legally described as Lots 9 & 10,
Border Tracts Addition; located at 307 W Villard Street, 403 and 411 N 3rd
Avenue. The Keck Minor Subdivision was approved by City Commission on
September 16, 2019. The proposed subdivision divides two lots into three
lots to place three existing homes onto individual lots. No new development
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is proposed with the subdivision. The Final Plat requires a power line
easement and a water and sewer service easement across Lot 3 prepared as
separate documents and referenced on the Final Plat. The water and sewer
easement includes who bears responsibility between the owners of Lot 2
and Lot 3 for the removal of any obstructions in the easement that must be
removed for maintenance for the service lines to be performed.
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 Community Development Department and Transportation and
Engineering Department have reviewed the final plat application against the
conditions of the preliminary plat approval and, as a result, find that the
Keck 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 assume property tax
revenues to be the same due to existing development with no new
development being proposed.
Attachments:
01_FINAL PLAT_7-26.pdf
Memo to City Attorney - 22317.docx
Cert. of City Attorney.pdf
06_Power Line easement.pdf
08_Water and sewer easement.pdf
Report compiled on: November 7, 2023
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W VILLARD ST N 3RD AVELOT 1
10,850 Sq. Feet
0.25 Acres
LOT 3
5,002 Sq. Feet
0.11 Acres
LOT 2
5,906 Sq. Feet
0.13 AcresALLEY
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10' POWER
EASEMENT DOC.
#_________
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10' UTILITY
EASEMEMT
TYP.S0°57'50"E150.22' (M&R)S89°30'01"E 144.98'
66.27'78.71'
S89°36'04"E 144.99' (M&R)N0°57'56"W 150.00' (M&R)S89°30'50"E
144.99' (M&R)
66.70'78.30'74.75'75.25'75.25'74.97'FND 34 IN SQ.
BOLT HEAD
FND 1 IN PIPE
FND SPIKE
FND 5/8 IN
REBAR FND 3/4 IN
PIPE
N0°57'50"W703.29' (M&R)N0°57'56"W702.33' (M&R)N89°30'50"W
165.34' (M&R)N0°57'50"W60.00' (M&R)P.O.B.
13' SEWER & WATER
EASEMENT
DOC. # ________S 00°39'10" E 75.26'PROPERTY BOUNDARY
UTILITY EASEMENT LINE
FOUND AS DESCRIBED
SET 58" x 24" REBAR W/ 2" ALUMINUM CAP
MARKED "HYALITE ENGINEERS 14456LS"
POINT OF BEGINNING
MEASURED
RECORDED
P.O.B.
(M)
(R)
OWNER'S CERTIFICATION
W, the undersigned property owners, do hereby certify that the text and/or graphics
shown on the Conditions of Approval sheet(s) represent(s) requirements by the
governing body for final plat approval and that all conditions of subdivision application
have been satisfied.
We, the undersigned property owners, do hereby certify that the information shown is
current as of the date of this certification, and that changes to any land-use
restrictions or encumbrances may be made by amendments to covenants, zoning
regulations, easements, or other documents as allowed by law or by local regulations.
We, the undersigned property owners, do hereby certify that I acknowledge that
federal, state and local plans, policies, regulations, and/or conditions of subdivision
approval may limit the use of the property, including the location, size, and use as
shown on the Conditions of Approval sheet or as otherwise stated. Buyers of property
should ensure that they have obtained and reviewed all sheets of the plat and all
documents recorded and filed in conjunction with the plat. Buyers of property are
strongly encouraged to contact the local planning department and become informed
of any limitations on the use of the property prior to closing.
2304 N. 7th Ave. Bozeman, MT 59715
T: 406.587.2781 F: 406.522.9225
www.hyaliteeng.com
14 SEC T R
2 S.
SCALE BAR MINOR SUBDIVISION
CITY OF BOZEMAN
GALLATIN COUNTY, MONTANA
PROJECT NO.
DRAWN DATE
SCALE SHEET
Geodetic North @
Autonomous GPS Position
Lat N 45° 40' 58.59"
Long. W 111° 02' 33.84"
BASIS OF BEARING
162543
12 5 E.0'20'30'40'
FINAL PLAT OF MINOR SUBDIVISION # ____________
LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN,
GALLATIN COUNTY, STATE OF MONTANA.
SUBDIVISION
1/1
MINOR
LAG 12/20/2022
1"=20'
PURPOSE OF SURVEY:
Creation of a 3 lot minor subdivision.
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko, Registered Land Surveyor, do hereby certify
that between November 1, 2017 and _____________________, 2023, I surveyed
Minor Subdivision # ________ and platted the same as shown on the accompanying
plat and as described in accordance with the provisions of the Montana Subdivision
and Platting Act (MCA Section 76-3-101 through 76-3-625), and the Bozeman
Municipal code.
DATED this _______ day of _________________ , A.D., 2023.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
CERTIFICATE OF GOVERNING BODY
I, Director of Community Development, City of Bozeman, Montana, do hereby
certify that the accompanying plat has been duly examined and has found the same
to conform to the law and approves it,.
DATED this _______ day of _________________ , A.D., 2023.
Director of Community Development
City of Bozeman, MT
THIS SURVEY WAS PERFORMED FOR:
Thomas J Keck and Mary R. Keck
CERTIFICATE OF COUNTY TREASURER
I, ________________________, Treasurer of Gallatin County, Montana, do hereby
certify that the accompanying plat has been duly examined and that all real property
taxes and special assessments assessed and levied on the land to be subdivided
are paid.
Assessor Number RGG4751
Assessor Number VILDCONMST
DATED this _______ day of _________________ , A.D., 2023.
Marueen Horton
Treasurer of Gallatin County
CERTIFICATE OF CLERK AND RECORDER
I, _________________________, Clerk and Recorder of Gallatin County, Montana,
do hereby certify that the foregoing instrument was filed in my office at _____
o'clock, (a.m., or p.m.), this _______ day of _________________ , A.D., 2023, and
recorded in Book ___________ of Plats on Page _____, Records of the Clerk and
Recorder, Gallatin County, Montana.
_______________________________
Eric Semerad
Gallatin County Clerk and Recorder
CERTIFICATE OF CONSENT
We, the undersigned property owner(s), do hereby certify that we have
caused to be surveyed, subdivided and platted into lots, blocks, streets and
alleys, and other divisions and dedications, as shown by this plat hereunto
included, the following described tract of land to wit:
Minor Subdivision # ____, located in the northeast quarter of Section 12,
Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M.), City
of Bozeman, Gallatin County, Montana being more particularly described as
follows:
Commencing at the northeast corner of Jones Subdivision, thence
North 0° 57' 50" West a distance of 60.00 feet to the Point of Beginning;
thence South 89° 30' 50" East a distance of 144.99 feet;
thence North 0° 57' 56" West a distance of 150.00 feet;
thence South 89° 36' 04" East a distance of 144.99 feet;
thence South 0° 57' 50" East a distance of 150.22 feet to the Point of
Beginning.
Said parcel contains 0.50 acres more or less, and is subject to all easements
of record, or apparent on the ground.
The above described tract of land is to be known and designated as Minor
Subdivision # , City of Bozeman, Gallatin County, Montana.
The undersigned hereby grants unto each and every person, firm of
corporation, whether public or private, providing or offering to provide
telephone, electric power, gas, internet, cable television or other similar utility
or service, the right to the joint use of an easement for the construction,
maintenance, repair and removal of their lines and other facilities in, over,
under and across each area designated on this plat as "Utility Easement" to
have and to hold forever.
Dated this day of , 2023
Thomas J. Keck
State of )
) ss
County of )
On this day of , 2023, before me, a notary
public in and for said county and state, personally appeared
Signature of notarial officer
Name - typed, stamped, or printed
Title (and Rank)
Residing at
My commission expires:
LEGEND
Dated this day of , 2023
Mary R. Keck
State of )
) ss
County of )
On this day of , 2023, before me, a notary
public in and for said county and state, personally appeared
Signature of notarial officer
Name - typed, stamped, or printed
Title (and Rank)
Residing at
My commission expires:
CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF
ENVIRONMENTAL QUALITY REVIEW
The Minor Subdivision # ______, Gallatin County, Montana, is within the City of
Bozeman, Montana, a first-class municipality, and within the planning area of the
Bozeman growth policy which was adopted pursuant to MCA 76-1-601 et seq., and
can be provided with adequate stormwater drainage and adequate municipal facilities.
Therefore, under the provisions of MCA 76-4-125(2)(d), this subdivision is excluded
from the requirement for Montana Department of Environmental Quality review.
Director of Transportation and Engineering
City of Bozeman, MT
Dated this day of , 2023
Northern Rockies Soil and Water, LLC
State of )
) ss
County of )
On this day of , 2023, before me, a notary
public in and for said county and state, personally appeared
, know to me to be the ,
of Northern Rockies Soil and Water, LLC, know to me to be the corporation
whose name is subscribed to the within instrument.
Signature of notarial officer
Name - typed, stamped, or printed
Title (and Rank)
Residing at
My commission expires:
Dated this day of , 2023
Thomas J. Keck
State of )
) ss
County of )
On this day of , 2023, before me, a notary
public in and for said county and state, personally appeared
Signature of notarial officer
Name - typed, stamped, or printed
Title (and Rank)
Residing at
My commission expires:
Dated this day of , 2023
Mary R. Keck
State of )
) ss
County of )
On this day of , 2023, before me, a notary
public in and for said county and state, personally appeared
Signature of notarial officer
Name - typed, stamped, or printed
Title (and Rank)
Residing at
My commission expires:
Dated this day of , 2023
Northern Rockies Soil and Water, LLC
State of )
) ss
County of )
On this day of , 2023, before me, a notary
public in and for said county and state, personally appeared
, know to me to be the ,
of Northern Rockies Soil and Water, LLC, know to me to be the corporation
whose name is subscribed to the within instrument.
Signature of notarial officer
Name - typed, stamped, or printed
Title (and Rank)
Residing at
My commission expires:
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MEMORANDUM
----------------------------------------------------------------------------------------------------------
TO:Kelley Rischke, Assistant City Attorney
Mike Maas, City Clerk
FROM:Elizabeth Cramblet, Associate Planner
RE:FINAL PLAT REVIEW FOR THE KECK MINOR SUBDIVISION;
APPLICATION NO. 22317
DATE:OCTOBER 30, 2023
----------------------------------------------------------------------------------------------------------
On September 9, 2022, the Applicant, Hyalite Engineers, PLLC, submitted an
application for a Final Plat for the .49 acre subject property. Since this date, two
requests by the landowner were made to extend the deadline for the approved
Preliminary Plat application 18399. The first one was filed on September 19, 2022
which extended the approval for application 18399 to October 7, 2023. The second
request was filed on September 27, 2023 to ensure there was enough time for final
review and approval of Final Plat application 22317. The second extension extended
the final plat approval until December 7, 2023. On October 25, 2023, the Final Plat
application was found to be complete by staff. The applicant submitted a narrative
outlining how each of the conditions of the preliminary plat approval have been met.
There are two easements associated with this final plat application that include a
Power Line Easement and a Water and Sewer Easement that have been included in
this packet.
The subject property is located on the northwest corner of the intersection of W
Villard Street and N 3rd Avenue, and legally described as, Lots 9 & 10, Border Tracts
Addition; located at 307 W Villard Street, 403 and 411 N 3
rd Avenue. The Keck Minor
Subdivision was approved by City Commission on September16, 2019. The proposed
subdivision divides two lots into three lots to place three existing homes onto
individual lots. No new development is proposed with the subdivision.
The Final Plat requires a power line easement and a water and sewer service
easement across Lot 3 prepared as separate documents and referenced on the Final
Plat. The water and sewer easement includes who bears responsibility between the
8
owners of Lot 2 and Lot 3 for the removal of any obstructions in the easement that
must be removed for maintenance for the service lines to be performed.
§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 Community Development staff respectfully requests that you prepare the City
Attorney’s Certificate using the attached original Platting Certificates; approve the
Final Plat Certificates of the Director of Transportation and Engineering. Staff has
determined that the conditions of approval of the Preliminary Plat have been met for
this Final Plat application.
Note: The Community Development Department and Transportation and
Engineering Department have also reviewed the final plat application against the
preliminary plat cited code provisions and found compliance with these code
requirements. The Transportation and Engineering Department has also reviewed
and approved the “closure” of the final plat.
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.
Documents to be recorded:
One Mylar Set (Final Plat)
Power Line Easement
Water and Sewer Easement
9
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Power Line Easement – Page 1
_____________________________________________________________________________
POWER LINE EASEMENT
THIS POWER LINE EASEMENT (“Easement”) is entered into effective as of ______________, 2023 by THOMAS J. KECK and MARY R. KECK (collectively “Keck”) of 411 N. 3rd, Bozeman, MT 59715 for the benefit of the owner of Lot 3 of the Final Plat of Minor Subdivision Number ____ located in the NE ¼ of Section 12, Township 2 South, Range 5
East, P.M.M., City of Bozeman, Gallatin County, State of Montana, all according to the official
plat thereof on file and of record in the office of the Gallatin County Clerk and Recorder’s Office, Gallatin County, Montana (“Lot 3”).
WHEREAS, Keck owns real estate legally described as follows:
Lot 3 of the Final Plat of Minor Subdivision Number ____ located in the NE ¼ of Section
12, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, State
of Montana, all according to the official plat thereof on file and of record in the office of the Gallatin County Clerk and Recorder’s Office, Gallatin County, Montana.
(“Benefitted Parcel” or “Lot 3”)
WHEREAS, Keck also owns real estate legally described as follows:
Lot 2 of the Final Plat of Minor Subdivision Number ____ located in the NE ¼ of Section
12, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, State of Montana, all according to the official plat thereof on file and of record in the office of the Gallatin County Clerk and Recorder’s Office, Gallatin County, Montana.
(“Burdened Parcel” or “Lot 2”)
WHEREAS, Keck previously owned a single parcel of land which was subsequently subdivided into three separate lots by the filing of the Final Plat of Minor Subdivision No. ______, which subdivision includes Lot 2 and Lot 3;
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Power Line Easement – Page 2
WHEREAS there is currently an overhead power line that traverses through Lot 2 which provides electrical power to Lot 3; and
WHREAS, in order to effectuate a plan of land-use controls to benefit the owners within
the subdivision, the Kecks desire to grant an easement across Lot 2 for the benefit of Lot 3 for an already existing overhead power line.
NOW THEREFORE, in consideration of and as part of the real estate development plan and in order to effectuate a plan of land-use for the benefit of the owners within the development
the following easement is granted:
1. Grant of Easement. Keck, as the owner of Lot 2, hereby grants unto the owner of Lot 3, and their successors and assigns, a perpetual easement for the overhead power line and maintain the usual services, poles, and other accessories and appurtenances for the purposes of transmitting electricity in, over, through, and across a ten foot (10’) wide strip of land located on
Lot 2 as more particularly described on the attached Exhibit A, which by this reference is made a
part hereof. This easement shall include the right to bury the power line in the future. 2. Use. This grant includes the right of the owner of Lot 3, its successors and assigns, to enter upon Lot 2, by a route causing the least damage and inconvenience to the owner
of Lot 2 in order to:
a. Construct, operate, repair, substitute, remove, replace and maintain the power line, services, poles, and other accessories and appurtenances to the electrical system;
b. Trim, remove, destroy, or otherwise control any trees inside or outside the
boundaries of the easement which interfere or threaten to interfere with the
construction, operation and/or maintenance of the power line;
c. In connection with the construction, operating, repairing, removing, replacing and maintaining the power line, the owner of Lot 3 will repair or replace, at its sole expense, or pay to the owner of Lot 2 the reasonable
value of any damages to the yard, landscaping, fencing or other
appurtenances.
3. Restrictions. The Owner of Lot 2 shall not build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of the owner of Lot 3.
4. Attorney Fees. In the event of dispute over this Easement, the prevailing Lot
Owner in any legal proceeding to enforce or interpret this Easement shall be entitled to recover the costs of such lawsuit, including reasonable attorney’s fees, from the other Lot Owner.
5. Choice of Law. This Easement shall in all respects be interpreted, construed and enforced according to the laws of the State of Montana.
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Power Line Easement – Page 3
6. No Public Use. Nothing contained in this Easement shall or shall be deemed to constitute a gift or dedication of any portion of the Access Easement Area to the general public,
for the benefit of the general public, or for any public purpose whatsoever, it being the intention
of the Parties hereto that the Easement created hereunder shall be strictly limited to the Properties described herein and for the purposes expressed herein. Except as expressly set forth herein, there are no intended third-party beneficiaries of this Easement or of any of the rights and privileges conferred herein.
7. Runs With Land. The term of the Easement created hereunder shall be perpetual.
Such easement is and shall be deemed to be a covenant running with the land and shall be binding upon the Lot Owners hereto and upon their successors and assigns. Any modification or amendment shall be effective only when duly executed by all Lot Owners hereto (or their successors or assigns), acknowledged and filed in the proper office of the Clerk and Recorder of
Gallatin County, Montana.
8. No Waiver. The failure of any Lot Owner to take action with respect to any breach of any term, covenant, or condition contained in this Easement shall not be deemed to be a waiver of such term, covenant, or condition or subsequent breach of the same, or any other term, covenant, or condition contained in this Easement, unless such waiver is in writing and
signed by the Lot Owners.
Dated this____day of _______________, 2023.
Owner of Lot 3 Owner of Lot 2
__________________________ ________________________________
THOMAS J. KECK THOMAS J. KECK
__________________________ ________________________________ MARY R. KECK MARK R. KECK
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Power Line Easement – Page 4
State of Montana )
:ss
County of Gallatin )
On this _____day of _______________, 2023, before me, the undersigned officer,
personally appeared THOMAS J. KECK and MARY R. KECK, who acknowledged that they executed the foregoing instrument for the purposes therein contained. In Witness Whereof, I have set my hand and official seal.
(SEAL) ____________________________________
____________________________________ Notary Public for the State of Montana Residing at ___________________________ My Commission expires:________________
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Power Line Easement – Page 5
EXHIBIT A
15
Water and Sewer Easement – Page 1
_____________________________________________________________________________
WATER AND SEWER EASEMENT
THIS WATER AND SEWER EASEMENT (“Easement”) is entered into effective as of ______________, 2023 by THOMAS J. KECK and MARY R. KECK (collectively “Keck”) of 411 N. 3rd, Bozeman, MT 59715 for the benefit of the owner of Lot 2 of the Final Plat of Minor Subdivision Number ____ located in the NE ¼ of Section 12, Township 2 South, Range 5
East, P.M.M., City of Bozeman, Gallatin County, State of Montana, all according to the official
plat thereof on file and of record in the office of the Gallatin County Clerk and Recorder’s Office, Gallatin County, Montana (“Lot 2”).
WHEREAS, Keck owns real estate legally described as follows:
Lot 3 of the Final Plat of Minor Subdivision Number ____ located in the NE ¼ of Section
12, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, State
of Montana, all according to the official plat thereof on file and of record in the office of the Gallatin County Clerk and Recorder’s Office, Gallatin County, Montana.
(“Burdened Parcel” or “Lot 3”)
WHEREAS, Keck also owns real estate legally described as follows:
Lot 2 of the Final Plat of Minor Subdivision Number ____ located in the NE ¼ of Section
12, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, State of Montana, all according to the official plat thereof on file and of record in the office of the Gallatin County Clerk and Recorder’s Office, Gallatin County, Montana.
(“Benefitted Parcel” or “Lot 2”)
WHEREAS, Keck previously owned a single parcel of land which was subsequently subdivided into three separate lots by the filing of the Final Plat of Minor Subdivision No. ______, which subdivision includes Lot 2 and Lot 3;
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Water and Sewer Easement – Page 2
WHEREAS there is currently a sewer and water system that traverses through Lot 3 which provides sewer and water services to Lot 2; and
WHREAS, in order to effectuate a plan of land-use controls to benefit the owners within
the subdivision, the Kecks desire to grant an easement across Lot 3 for the benefit of Lot 2 for an already existing sewer and water system.
NOW THEREFORE, in consideration of and as part of the real estate development plan and in order to effectuate a plan of land-use for the benefit of the owners within the development
the following easement is granted:
1. Grant of Easement. Keck, as the owner of Lot 3, hereby grants unto the owner of Lot 2, and their successors and assigns, a perpetual easement to lay, construct and maintain water and sewer pipelines with the usual services, valves, connections, and other accessories and appurtenances for the purposes of transmitting water and sewer in, over, through, and across a
thirteen foot (13’) wide strip of land located on Lot 3 as more particularly described on the
attached Exhibit A, which by this reference is made a part hereof. 2. Use. This grant includes the right of the owner of Lot 2, its successors and assigns, to enter upon Lot 3, by a route causing the least damage and inconvenience to the owner
of Lot 3 in order to:
a. Construct, operate, repair, substitute, remove, replace and maintain the pipelines, services, connections, and other accessories and appurtenances to the water and sewer pipelines;
b. Trim, remove, destroy, or otherwise control any trees and brush inside or
outside the boundaries of the easement which interfere or threaten to
interfere with the construction, operation and/or maintenance of the pipelines;
c. In connection with the construction, operating, repairing, removing, replacing and maintaining the pipelines, the owner of Lot 2 will repair or
replace, at its sole expense, or pay to the owner of Lot 3 the reasonable
value of any damages to the yard, landscaping, fencing or other appurtenances.
3. Restrictions. The Owner of Lot 3 shall not build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of
the owner of Lot 2, nor may the owner of Lot 3 modify the finished grade of the land over the
pipelines by removal of existing soil or by the placement of fill material within the easement without the prior written consent of the owner of Lot 2.
4. Attorney Fees. In the event of dispute over this Easement, the prevailing Lot Owner in any legal proceeding to enforce or interpret this Easement shall be entitled to recover
the costs of such lawsuit, including reasonable attorney’s fees, from the other Lot Owner.
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Water and Sewer Easement – Page 3
5. Choice of Law. This Easement shall in all respects be interpreted, construed and enforced according to the laws of the State of Montana.
6. No Public Use. Nothing contained in this Easement shall or shall be deemed to
constitute a gift or dedication of any portion of the Access Easement Area to the general public, for the benefit of the general public, or for any public purpose whatsoever, it being the intention of the Parties hereto that the Easement created hereunder shall be strictly limited to the Properties described herein and for the purposes expressed herein. Except as expressly set forth
herein, there are no intended third-party beneficiaries of this Easement or of any of the rights and
privileges conferred herein.
7. Runs With Land. The term of the Easement created hereunder shall be perpetual. Such easement is and shall be deemed to be a covenant running with the land and shall be binding upon the Lot Owners hereto and upon their successors and assigns. Any modification or
amendment shall be effective only when duly executed by all Lot Owners hereto (or their
successors or assigns), acknowledged and filed in the proper office of the Clerk and Recorder of Gallatin County, Montana.
8. No Waiver. The failure of any Lot Owner to take action with respect to any breach of any term, covenant, or condition contained in this Easement shall not be deemed to be
a waiver of such term, covenant, or condition or subsequent breach of the same, or any other
term, covenant, or condition contained in this Easement, unless such waiver is in writing and signed by the Lot Owners.
Dated this____day of _______________, 2023.
Owner of Lot 3 Owner of Lot 2
__________________________ ________________________________ THOMAS J. KECK THOMAS J. KECK __________________________ ________________________________
MARY R. KECK MARK R. KECK
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Water and Sewer Easement – Page 4
State of Montana )
:ss County of Gallatin )
On this _____day of _______________, 2023, before me, the undersigned officer, personally appeared THOMAS J. KECK and MARY R. KECK, who acknowledged that they executed the foregoing instrument for the purposes therein contained.
In Witness Whereof, I have set my hand and official seal.
(SEAL) ____________________________________ ____________________________________ Notary Public for the State of Montana Residing at ___________________________ My Commission expires:________________
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Water and Sewer Easement – Page 5
EXHIBIT A
20
Memorandum
REPORT TO:City Commission
FROM:Anna Bentley - Director of Community Development
Nicholas Ross- Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to sign a Professional Services Agreement with
Clean Slate for the 2023-2024 Sidewalk Snow Removal Services.
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with
Clean Slate for the 2023-2024 Sidewalk Snow Removal Services.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Bozeman Streets Division has historically lacked the staffing capacity to clear
sidewalks citywide. Bozeman Municipal Code therefor assigns sidewalk snow
removal duties to the adjacent property owner. The city's Code Enforcement
Division is then responsible for ensuring compliance. When a property
owner is delinquent in clearing the sidewalks for which they are responsible,
the city retains contractor services to complete the work which is then
assessed back to the property owner.
Anticipated cost of this annual service allows for the city to seek quotes from
which a contractor can be selected. Requests were sent to four contractors,
two of which were willing to respond. Of those quotes, Clean Slate
presented both lowest cost and best proposal, including recommendations.
The 2023-2024 contract will run from November 1, 2023 through March of
2024.
UNRESOLVED ISSUES:None
ALTERNATIVES:As Directed by City Commission.
FISCAL EFFECTS:Minimal. All costs paid pursuant to this agreement are invoiced back to the
appropriate property owner by City Finance.
Attachments:
Professional Service Agreement - 23-24 Sidewalk Snow
Removal
21
Attachment A - SOW - 23-24 Sidewalk Snow Removal
Report compiled on: November 3, 2023
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Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2023
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Clean Slate Group, 34 Outlier Way, Bozeman, MT
59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 1st day of June, 2024, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
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Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 2 of 11
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
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Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 3 of 11
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
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Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 4 of 11
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
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Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 5 of 11
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
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9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
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Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 7 of 11
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Mark Carpenter or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is required
by this Agreement, such communication or submission shall be directed to the City’s
Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City’s Representative is not available,
Contractor may direct its communication or submission to other designated City personnel or
agents as designated by the City in writing and may receive approvals or authorization from
such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Scott Aamodt or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
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and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
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Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 10 of 11
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
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Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 11 of 11
31. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than June 1st, 2025.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA CLEAN SLATE GROUP
CONTRACTOR
By________________________________ By__________________________________
Jeff Mihelich, City Manager Ryan Rickert, President
Print Name: _________________________
Print Title: _________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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ATTACHMENT “A”
2023-2024 SIDEWALK SNOW REMOVAL
SCOPE OF SERVICES 1. WORK TO BE PERFORMED. a. The conditions set forth herein shall apply to all work performed by the Contractor on behalf of City. b. The Contractor will perform all work in accordance with the standards found in Bozeman Municipal Code Chapter 34 Article 6 acting in place of the land owner when assigned by City representative. 2. SPECIFICATIONS. a. The Contractor is to perform snow and ice removal of sidewalks and any other areas determined by the City representative through various methods such as, but not limited to: chipping, ice melts, blowing, shoveling, plowing, etc. b. The Contractor is required to maintain a database, using a platform approved by the City representative, of all documentation related to the execution of services herein. c. The City will prepare a weekly list of properties that are in violation of Bozeman Municipal Code34.06.010 through 34.06.050 and submit it to the Contractor no later than Monday at 5:00 pm for each week in which Contractor services are required. The City will take a photograph of the uncleared sidewalk for each property in violation to document the condition of the snow on the property at the time cleanup is ordered and to aid the Contractor in identification. The City will also take a photograph of the door hanger left for each property in violation. Both photographs will be provided to Contractor and must be maintained in a database organized by each property address. d. The Contractor will take a photograph of the property immediately before and after the removal of snow. Photographs should show identifying scene markers as to confirm address/property location. The property address, date and time of snow removal activities must be recorded on the photographs. Photographs should be taken from approximately the same location for easy reference at a later date. All photographs must be maintained in a database organized by each address and must accompany the Contractor’s billing invoice for payment of any
34
snow removal work. The Contractor may be summoned to testify in court regarding photographs and work performed. e. The Contractor shall use equipment no wider than the sidewalk which is being cleaned. Equipment shall be of a weight that will not damage the sidewalk or adjacent property. f. The Contractor shall maintain its operation within the public right of way. g. Snow and ice must be completely removed from the sidewalks before payment will be made to the Contractor and shall not be moved into streets. h. If salt or other chemicals are used to loosen ice, only the minimum amount of salt or other chemicals will be used to adequately perform this function and the Contractor shall refrain from depositing any resulting salt/ice mixture onto private property, grassed, or landscaped area. 3. TIME. a. The Contractor shall complete snow removal operations for each non-compliant property within the same week assigned by the City. The City shall grant an equivalent time extension for each day past the deadline for submission to Contractor referenced in section 2.c. The contractor may be required to work on any day of the week, including holidays. 4. MATERIALS, EQUIPMENT AND LABOR. a. The Contractor undertakes and agrees to furnish and pay for all work equipment, tools, materials, labor, transportation and supervision necessary to perform the work herein described. 5. INDEPENDENT CONTRACTOR. It is agreed that in the performance of the work herein specified, the Contractor is an independent contractor, responsible to the City 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 furnished by the City. 6. PAYMENTS. a. Payments shall be made by the City upon the Contractor furnishing satisfactory evidence of the work performed. Payment shall be made at the rate of $0.48 cents per square foot for sidewalks cleaned of snow and ice. The contractor shall keep written records necessary to justify claims for payment. Such records shall include the address at which the work was performed, and the date and time the work was
35
done. The City shall make payment for work performed within thirty days after receipt of a written claim in City accepted format for payment. b. The Contractor may charge a Mobilization Fee of not more than 50 dollars in the event the Contractor is asked by the homeowner or the City to stop their work at any time before the work is complete. In the event partial work was performed the Contractor may charge the agreed rate for the square footage cleared in addition to the Mobilization Fee. c. The Contractor reserves the right to charge less than quoted per square foot price, but not to raise prices without negotiating an amendment to the agreed upon contract. d. Contractor shall submit billings to the City no later than the 10th of the month for all work completed during the prior month.
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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
Advanced Engineering and Environmental Services, LLC Providing
Engineering Services to Design the Phase I Rehabilitation Improvements to
the City’s Sourdough Water Storage Tank
MEETING DATE:November 21, 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 the Phase I Rehabilitation Improvements to
the City’s Sourdough Water Storage Tank.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City constructed the Sourdough water storage tank, located at the
intersection of Sourdough Road and Goldenstein Lane, in the 1950’s and has
continually operated the asset for the last 70 years. The tank is a partially
buried cast-in-place circular concrete reservoir with a nominal volume of
four million gallons. Various exterior rehabilitation improvement projects
have occurred over the last two decades, however, City staff has noted
deterioration of the interior concrete and appurtenances of the tank.
In 2020, a tank evaluation was performed that assessed rehabilitation and
replacement options. Through this effort, the City determined that
rehabilitation of the tank, rather than full scale replacement, is the proper
course of action. Two tiers of rehabilitation improvements were outlined in
the tank evaluation deliverable, level 1 and level 2. Level 1 rehabilitation
scope items were identified utilizing condition assessment data collected by
a team of divers while the tank was online. Level 2 rehabilitation requires
additional condition assessment activities to occur while the tank is offline to
identify if further rehabilitation items are necessary.
With the completion of the City’s 5.3 million gallon finished water storage
tank at the Sourdough Water Treatment Plant and the parallel Sourdough
Transmission Main, critical infrastructure redundancies are in place to allow
for Sourdough Tank to be taken offline for the rehabilitation improvements
37
and additional condition assessment. The City included the Level 1, now
referred to as Phase I, rehabilitation improvements in the Capital
Improvement Plan as Project No. W84.
City Engineering staff advertised a request for proposal to provide
professional services to design, bid and oversee the completion of the Phase
I rehabilitation improvements and Level 2 conditions assessment to the tank.
One proposal was 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
construction inspection services. An amendment is anticipated to this
professional services agreement scope of service for construction services
and the Level 2 condition assessment once design and bidding are complete
and if the City awards a construction contract.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:The total contract amount is $108,000, 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. W84, and has a total of $600,000 in funds
budgeted within FY23 which are carried forward to FY24.
Attachments:
Bozeman Sourdough Tank Ph I Rehab PSA.pdf
Report compiled on: November 9, 2023
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Bozeman Sourdough Tank Rehabilitation Project Page 1 of 13
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 bi-monthly
progress reports thereafter until the project is completed.
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Bozeman Sourdough Tank Rehabilitation Project Page 2 of 13
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 – Reserved.
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 “Phase 030 – 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 Sourdough Tank Phase I Rehabilitation Schedule following written authorization
from OWNER to ENGINEER to proceed with that phase of services.
4.3 FINAL DESIGN PHASE
After acceptance of the Preliminary Design Phase and receipt of written authorization to proceed with the Final Design
Phase, ENGINEER shall:
4.3.1. Perform those tasks identified under “Phase 040 – Final 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 Final Design Phase will be completed and submitted on or before the scheduled phase completion date presented
in EXHIBIT B: Bozeman Sourdough Tank Phase I Rehabilitation Schedule following written authorization from
OWNER to ENGINEER to proceed with that phase of services.
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Bozeman Sourdough Tank Rehabilitation Project Page 3 of 13
4.4 BIDDING OR NEGOTIATING PHASE
After acceptance of the Final Design Phase and receipt of written authorization to proceed with the Final Design
Phase, ENGINEER shall:
4.4.1. Perform those tasks identified under “Phase 050 – Bidding or Negotiating 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 Bidding or Negotiating Phase will be completed and submitted on or before the scheduled phase completion date
presented in EXHIBIT B: Bozeman Sourdough Tank Phase I Rehabilitation Schedule following written authorization
from OWNER to ENGINEER to proceed with that phase of services.
4.5 CONSTRUCTION PHASE – Reserved.
4.6 POST-CONSTRUCTION PHASE – Reserved.
4.7 INSTRUMENTATION AND CONTROL PHASE - Reserved
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.
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Bozeman Sourdough Tank Rehabilitation Project Page 4 of 13
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
6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services
under sections 4.1 through 4.3 of this Agreement pay a total sum in the amount of $93,000.00 for such
services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections
4.2 through 4.3) shall not exceed the following ceilings:
· $61,000.00 (66% of design fee) until the Preliminary Engineering Phase deliverables have been
submitted to the OWNER.
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 4.3) 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.
Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through
4.7 including General Administration of Construction Contract, Resident Project Representation, Project
Documentation, and Construction Testing, shall be compensated in accordance with the following:
6.2.1 The OWNER shall pay for Bidding and Negotiations Phase Services an amount not to exceed
$15,000.00 except as provided under 6.2.1.2 and 6.2.4.
6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's
Direct Labor Cost times a factor of 3.20 for services rendered which shall cover Direct Labor, Direct
Labor Overhead, General & Administrative Overhead and Profit.
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Bozeman Sourdough Tank Rehabilitation Project Page 5 of 13
6.2.1.2 Notification. At any time during the construction that it becomes apparent that the
Construction Phase and Project Documentation Services rendered under this Agreement will exceed
the negotiated compensation for these services, and prior to performing services in excess of the
contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter
OWNER and ENGINEER shall review the scope and progress of the project work. ENGINEER
shall obtain written authorization from OWNER, prior to any additional costs being incurred under
paragraph 6.2.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1,
the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate
terms as provided under 6.2.1.1. The amount and terms of any additional compensation under
6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16.
6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total
cost of the original scope Construction Phase and Project Documentation Services exceeds the
negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred
in excess of the estimated compensation. These costs consist of an amount equal to the
ENGINEER'S Direct Labor Cost times a factor of 2.80 for services rendered which shall include
Direct Labor, the federally audited payroll Direct Labor Overhead, and General & Administrative
Overhead costs, but shall not include any allowance for profit.
6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and
Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the
costs incurred up to an amount not to exceed $0.00 which includes $0.00 for consultants employed by the
Engineer and $0.00 for all other reimbursable expenses. The estimated reimbursable expenses are identified
in Exhibit "NA."
6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the
costs associated with failing quality control tests performed for the OWNER during the course of the
construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments.
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,
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Bozeman Sourdough Tank Rehabilitation Project Page 6 of 13
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
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.
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Bozeman Sourdough Tank Rehabilitation Project Page 7 of 13
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.
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.
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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.
The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this
agreement.
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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
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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.
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.
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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:
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.
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.
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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) (Project Quality Director)
e-mail: Brian.Bergantine@ae2s.com
DATE: DATE:
ATTEST:
BY:
(City Clerk)
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Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Rehabilitation Project21-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 1 of 10
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. 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.
2. Construction Contract—The entire and integrated written contract between the Owner and Contractor
concerning the Work.
3. Construction Contract Documents—Those items designated as “Contract Documents” in the Construction
Contract, and which together comprise the Construction Contract.
4. 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.
5. 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,
construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives
of any or all of them.
6. Contractor—The entity or individual with which Owner enters into a Construction Contract.
7. 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.
8. 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.
9. Newspaper - The Bozeman Daily Chronicle
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Exhibit A – Project Scope and Fee Definition
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10. 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 Land Surveyors.
11. 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.
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.
12. 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.
13. 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.
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Exhibit A – Project Scope and Fee Definition
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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. 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 – less the removal of trees and other features scheduled for demolition by the Contract Documents.
Design of any site improvements, asphalt pavement mix designs, and/or landscaping 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.
3. Phase 030 Deliverable is assumed to function as the 60% deliverable and will be provided digitally for
Owner’s review without a formal, in-person review meeting. Owner’s Review Comments will be
incorporated into the Phase 040 Deliverables.
4. Engineer may rely upon any Owner supplied Record Drawings as Technical Data.
5. Instrumentation & Controls drawings will not be included in the Bidding Documents.
6. Owner will be responsible for all DEQ review fees charged for regulatory review.
7. Owner will be responsible for all costs to advertise Invitation to Bid in the Newspaper.
8. 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.
9. 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.
10. 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
11. At Owner’s direction, the services of Professional Land Surveyor (PLS) or Geotechnical investigations will
be limited to the following:
a. No geotechnical investigations will be conducted.
b. Survey for underground and overhead utility lines in the tract of land occupied by the Sourdough
Montessori School bound between Trooper Trail, Sourdough Road, and the Access road to the
Sourdough Tank facility.
c. Owner to provide civil/site Record Drawings to show all existing conditions Underground Facilities
within the fence-line of the Sourdough Tank facility in *.dwg file format for Engineer’s
incorporation into Construction Set.
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Exhibit A – Project Scope and Fee Definition
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i. If *.dwg file format is not available, Engineer shall be entitled to equitable adjustment in
compensation for services to reproduce and/or collect the field data required for
development of Construction Contract Documents.
d. Survey data will rely upon LiDAR Data supplied by the City of Bozeman.
e. The scope of PLS services will exclude any investigation of easements, land acquisition, or
construction permissions from adjacent landowner. Owner will complete investigations for
Easements for any Work scheduled for completion within the tract of land described above.
i. Owner to provide defined boundaries or any easements Owner possesses for operations in
its drainage swale for General Contractor’s reference.
f. Work anticipated to occur on this tract of land is limited to the replacement of the Owner’s existing
drain line between the Sourdough Tank and the drainage swale outlet near the intersection of
Sourdough Road and Trooper Trail.
i. This is the only work anticipated to occur outside Owner’s property line.
12. Design does not include condition assessment on existing drainage piping. Owner to define extent for
replacement quantity of underground drainage pipe.
13. Owner is responsible for operations in Owner’s Drainage Easement.
a. Engineer not responsible for communicating impacts of Owner’s or Contractor’s operations which
will utilize the Owner’s drainage easement. Where such operation impact local homeowner’s whose
property overlaps with Owner’s drainage easement, Owner will coordinate communications with
the appropriate homeowners.
14. Structural Analysis performed on Owner’s tank assumes the following:
a. Owner shall provide record drawings of the Sourdough Tank and Domed Roof structures with
sufficient detail to satisfy Engineer’s understanding of each structure’s existing construction. Owner
responsible for performing investigations to collect data required for Engineer’s analysis if sufficient
data is not present for completion of engineering evaluations.
b. Prior to completion of Structural Analysis, Owner shall approve in writing the engineering
assumptions necessary to account for reductions in structural safety factors for the conditions
observed, but not quantified, in reports of Condition Assessments prepared within the last 5 years.
c. If Engineer’s analysis justifies structural bracing of the Sourdough Tank to brace against lateral
earth pressures, Engineer’s design will only include permanent bracing system.
d. Contractor’s structural bracing needs during construction will be left to Contractors means and
methods through the explicit request for an Owner Delegated Design as defined in EJCDC C-700,
2018 Edition.
15. Integration of Instrumentation and Controls of PAX ® (or equal) mixers or any electrical devices
incorporated in the design with the Owner’s SCADA system is not included in design.
16. Scoping for subsequent project development time is not included in this Agreement.
17. Design excludes assumed quantities for rehabilitation work which may or may not be required or identified
after subsequent Condition Assessments are performed.
18. EOPCCs are excluded from Engineer’s Scope:
a. This is a proposed method to reduce Professional Design Fees to meet Owner’s Budget.
b. If Owner requires greater assurance as to probable Construction Cost, then Owner agrees to obtain
an independent cost estimate.
19. AE2S will only be required to provide digital review copies to Owner, Contractor, and Owner’s regulatory
reviewers. If Owner’s Contractor’s or regulatory reviewers require hard copies, Owner will be responsible
for cost of producing and delivering copies of Plans and Specifications to respective parties.
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Exhibit A – Project Scope and Fee Definition
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Exhibit A Page 5 of 10
20. Unless conducted on the Owner’s DocuSign Platform, Engineer will facilitate the collection of Construction
Contract Documents but Owner is responsible for legal review and approval for all Construction Contract
Documents prior to final execution of said documents and the issuance of the Notice to Proceed.
21. Contractor responsible for means and methods to meet Owner’s disinfection requirements prior to placing
tank back in service.
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Exhibit A Page 6 of 10
12.3. Phase 030 – Preliminary Design Phase
12.3.1. OBJECTIVE:
· The objective of the Preliminary Design Phase will be to develop a preliminary Project Manual and
60% Completion Drawings for upgrades to the Sourdough Tank.
· Upgrades generally consist of the following work:
o General maintenance cleaning to remove built-up sand/grit/gravel;
o Surface preparation of existing reservoir to facilitate for future condition assessment;
o Replacement of existing access hatches;
o Addition of secondary access hatch for operational flexibility;
o Detail replacement of all existing handrails with new handrail desired by Owner;
o Detail replacement of steel ladder inside Sourdough Tank;
o Detail replacement of the existing vent at apex of existing dome roof;
o Detail replacement of existing overflow piping inside Sourdough Tank;
o Detail replacement of isolation valve in valve vault in yard;
o Detail replacement of existing clay drain pipes (per Owner defined limits of replacement
within fence line);
o Detail installation of 2 PAX ® (or equal) Tank Mixers;
o Structural analysis of Sourdough Tank to be summarized in short Technical Memorandum:
Assumes structural evaluation of lateral earth pressures on existing structure when
devoid of water.
Recommendations to inform Owner’s decision to include permanent bracing
systems;
Recommendations to require (or not require) Construction Bracing;
Structural modifications to existing domed roof for access hatch modifications.
· Design disciplines anticipated includes the following:
o Survey – existing conditions, topo, utilities, and property lines of the facility, stamped by a
Professional Land Surveyor.
o Site/Civil – site civil, site-piping, and minor grading improvements around the tank.
o Process – ancillary appurtenances (e.g.: hatches and ladders) and process equipment
improvements (e.g.: tank mixers).
o Structural – construction details pertinent to the installation of the ancillary tank
appurtenances, and existing structural conditions pertinent to Contractor’s Work.
NOTE: Structural scope excludes design of structural bracing. Structural analysis
is suspected/anticipated to conclude that the tank can adequately support the
lateral earth pressures present. If structural analysis determines bracing is
required, structural design services may be added by amendment.
o Electrical – Electrical connection for operation of process improvements (i.e. PAX mixer).
· Deliverables generated for this Phase will be considered 60% complete and revised to 90%
complete after receiving all final review comments from the City of Bozeman.
12.3.2. DELIVERABLES:
· Technical Memorandum:
o Structural analysis of Sourdough Tank’s capacity to withstand existing lateral earth pressures.
· Front End Procurement and Bidding Documents
o Ready for the City’s review by City Attorney and Engineering Department.
o Prepared in substantial conformance with the Montana Public Works Standard Specifications (7th
Edition – April 2021).
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· Procurement Drawings
o Considered to be 60% Complete and ready for review by the City Engineering Department
· Procurement Specifications
o Table of Contents of required spec sections – to follow CSI’s MasterFormat (50 Divisions layout).
NOTE: Not all 50 Divisions will be utilized. Specification Sections included in the Project
Manual will be limited to those pertaining to the Work.
· Preliminary Design Review Meeting:
o Review Meeting to discuss the Preliminary Design Phase Deliverables, Project schedule, and other
aspects of the Project.
12.3.3. ESTIMATED FEE: See 12.9. Estimated Compensation Summary Table
12.3.4. ESTIMATED SCHEDULE: See Exhibit B.
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12.4. Phase 040 – Final Design Phase
12.4.1. OBJECTIVE:
· The Objective of Phase 040 – Final Design will be to incorporate Owner comments from the Phase
030 Deliverables into the design and progress the Procurement Bidding Documents, Drawings, and
Specifications towards a 90% and final completion deliverable for advertisement by Owner for
purposes of soliciting Construction Bids.
· Deliverables generated in this Phase will be considered 90% complete and will be revised to 100%
complete after receiving all final review comments from the City of Bozeman and DEQ
12.4.2. DELIVERABLES:
· Front End Procurement and Bidding Documents.
o Updated to conform to the City of Bozeman’s review comments from the City Attorney
and the City Engineering Department.
· Procurement Drawings
o Updated to reflect a 90% level of completion and incorporating changes discussed at the
Preliminary Design Review Meeting and those comments received from the City of
Bozeman within the Owner’s Review period.
· Procurement Specifications
o Updated to reflect a 90% level of completion and incorporating changes discussed at the
Preliminary Design Review Meeting and those comments received from the City of
Bozeman within the Owner’s Review period.
o The Sequence of Work Specification will include the Owner’s Proposed Project Schedule.
Said Schedule will be developed by Engineer in conjunction with Owner’s review and
approval with the purpose of communicating a period of time for Contractor’s to include
in their Construction Schedule to allow for Owner and its Engineer and Engineer’s
Consultant(s) to perform a condition assessment on the structure while the tank is offline.
· Final Design Review Phase
o Review meeting with Owner to discuss the Final Design Deliverables, Project bidding
schedule, and other aspects of the Project.
12.4.3. ESTIMATED FEE: See 12.9. Estimated Compensation Summary Table
12.4.4. ESTIMATED SCHEDULE: See Exhibit B.
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12.5. Bidding or Negotiating Phase
12.5.1. OBJECTIVE
· The objective of Bidding or Negotiating Phase will be the solicitation of bids from qualified
contractors. Engineer will facilitate Owner’s Advertisement for Construction Bids, Bid Opening,
Notice of Award, and Construction Contract compilation prior to final execution by Owner and
Contractor.
· Expenses to publish the Owner’s Advertisement in the Newspaper will be invoiced by the
Newspaper directly to the Owner.
12.5.2 DELIVERABLES:
· Advertisement for Construction Bids.
· Hosting Procurement Documents on Quest CDN.
· Hosting Pre-Bid Conference.
· Issue corrections to Bidding Documents via addenda (fee assumes maximum of 1 addendum).
· Recommendation of Award.
· Draft the Notice of Award (for execution by Owner).
· Draft Notice to Proceed (for execution by Owner).
· Compile and Facilitate the execution of all Construction Contract Documents.
· 3 hard copies of Executed Contract Documents.
· 3 hard copies of Project Manuals & Project Drawings Issued for Construction.
o Project Drawings to be printed on 11 x 17 only.
o Full size Project Drawings are available at additional charge.
12.5.3 ESTIMATED FEE:
· See 12.9. Estimated Compensation Summary Table
12.5.4 ESTIMATED SCHEDULE:
· See Exhibit B.
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12.6. Phase 060 – Construction Phase
12.6.1. Reserved.
12.7 Phase 070 – Post-Construction Phase
12.7.1. Reserved.
12.8. Phase 080 – Instrumentation and Controls Phase
12.8.1. Reserved.
12.9. ESTIMATED COMPENSATION SUMMARY TABLE
Estimated Compensation Summary Table
61
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Phase I Rehabilitation-2021-000 – Bozeman PRV Improvements Ph I
Exhibit B Page 1 of 1
EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
Estimated Project 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:............................................................... November 22, 2023
Phase 030 – Preliminary Design Phase Review Meeting: .................. January 31, 2024
Phase 040 – Final Design Phase Review Meeting: .............................. March 29, 2024
DEQ Review .......................................................................................... April 30, 2024
Phase 050 – Bidding or Negotiating Phase:
Advertisement for Construction Bids .................................. May 6, 2024
Pre-Bid Conference ........................................................... May 20, 2024
Bid Opening ....................................................................... May 30, 2024
Notice of Award ................................................................ June 17, 2024
Notice to Proceed ................................................................ July 29, 2024
Sourdough Tank Offline ............... No Sooner Than September 15, 2024
Assumptions:
o Owner’s technical staff will provide technical review comments within two weeks of receipt of
deliverables.
o Owner’s City Attorney will provide legal review comments within four weeks of receipt of
deliverables.
o DEQ will provide regulatory review comments within four weeks of receipt of review submittal, or
Owner’s payment of review fees charged by DEQ, whichever occurs last.
o Engineer will incorporate Owner’s review comments withing 2 weeks of receipt of comments and
will proceed with the subsequent phases within the scope of the Agreement.
62
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Phase I Rehabilitation-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 each year on January 1.
63
Memorandum
REPORT TO:City Commission
FROM:Mike Gray - Facilities Superintendent
Max Ziegler - Facilities Project Coordinator
SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Professional
Services Agreement for Janitorial Services Citywide with Dust Bunnies
Cleaning Services for 2024 Cleaning Services
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign and Amendment 1 to the Professional
Services Agreement for Janitorial Services Citywide with Dust Bunnies
Cleaning Services for 2024 Cleaning Services
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman Facilities Department contracts with third parties for
overnight janitorial services at a number of City facilities to ensure buildings
are maintained to be clean and sanitary for the Public and City staff.
Janitorial service contracts are typically multi year agreements, but are
regularly amended to account for changes to scope or labor costs. This
Amendment 1 serves to extend the term of the overall agreement by 1 year,
and account for a 3% increase in costs at at 6 of the 8 buildings serviced
under this contract. The buildings incurring the 3% cost increase are City Hall,
Alfred Stiff Professional Building, Shops Complex, WRF, WTP, and Laurel
Glen.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by City Commission
FISCAL EFFECTS:This amendment will result in a contracted 3% price increase for cleaning
services at City Hall, Stiff Professional Building, City Shops Complex, WRF,
WTP, and Laurel Glen facilities. Costs associated with this amendment are
funded through Facilities Dept. operating budgets.
Attachments:
PSA 1st Amendment - Dust Bunnies- Janitorial Service.pdf
64
Report compiled on: November 9, 2023
65
1st Amendment to Professional Services Agreement for Janitorial Services Citywide FY 2019 – FY 2023 Page 1 of 3
1ST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS 1ST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
JANITORIAL SERVICES CITYWIDE dated 17th day of December, 2018 (the “Agreement”)
is made and entered into this _____ day of November 2023, by and between the CITY OF
BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under
its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with
a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and
Dust Bunnies Cleaning Services, 264 Coral Drive, Belgrade, MT 59714, hereinafter referred to as
“Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Extension of Term. Agreement is extended for an additional one (1) year period. The
Agreement shall terminate on 31st day of December 2024.
2. Purpose: City agrees to enter this Agreement with Contractor to perform for the City
services described in the Scope of Services attached as Exhibit A and by this reference
made part hereof.
3. Nondiscrimination and Equal Pay: Section 14 of the Agreement is replaced in its
entirety with the following:
The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall
be on the basis of merit and qualifications. The Contractor will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar
a person from employment, or discriminate against a person in compensation or in a term,
condition, or privilege of employment because of race, color, religion, creed, political ideas,
sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity,
physical or mental disability, except when the reasonable demands of the position require an
age, physical or mental disability, marital status or sex distinction. The Contractor shall be
66
1st Amendment to Professional Services Agreement for Janitorial Services Citywide FY 2019 – FY 2023 Page 2 of 3
subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2,
United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement. ds
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
4. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
67
1st Amendment to Professional Services Agreement for Janitorial Services Citywide FY 2019 – FY 2023 Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA Dust Bunnies Cleaning Services
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
68
1st Amendment to Professional Services Agreement
Janitorial Cleaning Services
FY 2024 – 2025
Page 1 of 1
Exhibit – A
City Wide – Janitorial Services
FY 2024 – 2025
Price Increase at the follow City Facilities
Dust Bunnies Cleaning Services
1. Location of Services. The buildings that services are to be provided for are:
Bozeman Public Library
Monthly Cost Increase: $14,500.00 No Increase
City Hall
Monthly Cost Increase: $3,090.00 3% Increase
Alfred Stiff Professional Building
Monthly Cost Increase: $3,090.00 3% Increase
Shops Complex
Monthly Cost Increase: $2,935.00 3% Increase
Vehicle Maintenance/HRDC Bus Barn
Monthly Cost Increase: $1,413.00 No Increase
WRF
Monthly Cost Increase: $1,160.00 3% Increase
WTP
Monthly Cost Increase: $1,140.00 3% Increase
Laurel Glen
Monthly Cost Increase: $660.00 3% Increase
69
Memorandum
REPORT TO:City Commission
FROM:Bob Murray, Project Engineer
Shawn Kohtz, City Engineer
SUBJECT:Authorize City Manager to Sign an Amendment 1 to Task Order 6 with
Sanderson Stewart for Right-of-way Acquisition Services on the Fowler
Connection (Huffine to Oak) Project
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Authorize City Manager to sign Amendment No. 1 to Task Order 6 with
Sanderson Stewart for right of way acquisition services on the Fowler
Connection (Huffine to Oak) project.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy of the partially executed Amendment No. 1 with
Sanderson Stewart for right of way acquisition services on the Fowler
Connection (Huffine to Oak) project.
Task Order 6 involved conducting pre-acquisition conversations with the
owners of 2 parcels (French/Wood and Anderson) and prepare updated
figures of the planned project improvements on their respective parcels
based on design updates. It also included the preparation of appraisal
reports for the 2 parcels and additional meetings with the owners to sign
preliminary right of way agreements but not complete the full right of way
acquisition process.
This Amendment 1 will add one additional parcel (Sterry/Wookey) to the
pre-acquisition effort. This will include preparation of a preliminary right of
way agreement and figure but will not include completion of additional
appraisal work. Instead, the appraisals previously completed for the
French/Wood and Anderson parcels will be used as a basis for valuation.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:These services will be paid on a time and materials basis with a not to
exceed total amount. The fee for Task order 6 was $13,115.00. The not to
70
exceed amount for this amendment is $2,700.00 to be paid from project
SIF001 Right of Way Acquisition – Fowler which has a budget of $1,000,000
in FY23.
Attachments:
Fowler Pre-acq_Amendment_2023-10-31.pdf
Report compiled on: November 9, 2023
71
10/18/2023
___ __
PM Initials
/
AMENDMENT TO SERVICES AGREEMENT - NO. 1
1. Project/Services Agreement Information
Effective Date of Original Services Agreement: 7/10/2023
Project Name: Fowler Avenue R/W Pre-Acquisition Appraisals
Project Number: 21231.06 (FY 2021 – FY 2022, Task Order 6)
Client Name: City of Bozeman
2. Nature of Amendment
Modifications to Sanderson Stewart scope of work and/or contract fee amount
Modifications to Subconsultant scope of work and/or contract fee amount
Modifications to project schedule
3. Description of Services Agreement Modifications
Additional services were requested to add one additional parcel for pre-acquisition efforts
for this project. The following tasks include additional time to coordinate with the
additional parcel:
Project Research
· Obtain and review available property ownership information for one parcel
(Wookey/Sterry parcel)
R/W Mapping and Exhibits
· Prepare a preliminary figure for one parcel (Wookey/Sterry parcel) showing
proposed R/W acquisition areas. Approximate areas for a new easement and
construction permit will be prepared.
· QA/QC of figure
Prepare Contracts
· Prepare preliminary R/W agreements for one parcel (Wookey/Sterry parcel) of
land. The agreement will detail the preliminary offer to acquire permanent and
temporary property rights. Impacted private property features will be detailed, if
required.
· Easement and/or temporary construction permit documents are not included in
this scope and will be prepared under a separate contract
· Prepare acquisition cost details and summary
· QA/QC of documents
72
10/18/2023
Property Owner Meetings
· Conduct acquisition meetings with one property owner (Wookey/Sterry parcel)
(minimum of 3 meetings)
· Prepare final preliminary acquisition documents for affected parcels
· QA/QC of documents
Project Administration
· Project status updates
· Budget and schedule monitoring and planning
· Invoicing and billing
4. Fee Modifications
Original services agreement fee: $13,115.00
Total fees for prior Amendments: $0.00
Total services agreement fee with prior Amendments: $13,115.00
Proposed fee for this Amendment: $2,700.00
Total services agreement fee with all Amendments: $15,815.00
Client and Sanderson Stewart hereby agree to modify the above-referenced Services Agreement
as set forth in this Amendment. All provisions of the Services Agreement not specifically modified
by this or any prior Amendments shall remain in effect. The effective date of this Amendment
shall be the signature date of the Client as shown below.
CLIENT SANDERSON STEWART
Signature: Signature:
Printed: Printed:
Title: Title:
Date: Date:
73
Memorandum
REPORT TO:City Commission
FROM:
Luke Kline, Parks and Recreation Contracts Coordinator Mitch Overton, Parks
and Recreation Department Director Kira Peters, Assistant City Manager
SUBJECT:
Authorize the City Manager to Sign a Second Amendment to the Professional
Services Agreement with K2 Ventures, Inc. for Snow Removal and
Maintenance Services in the Parks and Trails District
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:
Authorize the City Manager to Sign a First Amendment to the Professional
Services Agreement with K2 Ventures, Inc. for Snow Removal and
Maintenance Services in the Parks and Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180 creating
the Bozeman Parks and Trails Special District (District). To accomplish the District
objectives the City has developed a multi-year District implementation plan designed
to achieve steady calculated increases in level of service standards and sustainable
maintenance practices in all City Parks. Beginning July 1, 2020 the City’s Parks and
Recreation Department assumed full responsibility for all of the District’s designated
park properties including the addition of 235 acres of park land located within
subdivision parks previously maintained by home owners/community associations. In
September 2021, the Parks and Recreation Department conducted a request for
proposals process to acquire professional services required to complete snow
removal and additional maintenance services on parks in the District. After careful
evaluation and review, K2 Ventures, Inc. was determined to be a qualified,
responsive and responsible vendor for Parks and Trails District Snow Removal
Services contract. On December 7, 2021, the City entered into the Agreement with
K2 Ventures Inc. The Agreement is effective for one year after the date of execution
with the option to extend the agreement an additional year upon mutual agreement.
K2 Ventures, Inc. has demonstrated the ability to provide comprehensive snow
removal maintenance services for the City’s Parks and Trials District and will continue
complete the services as defined and described in Attachment B: PSA K2 Ventures,
Inc. Snow Removal Services. The Attachment A PSA Amendment 2 K2 Ventures, Inc.
74
Snow Removal Services will extend the Agreement for an additional one (1) year
period and shall terminate on December 7, 2024. In no case, however, may this
agreement run longer than five (5) years from the original effective date.
UNRESOLVED ISSUES:None.
ALTERNATIVES:
As suggested by the City Commission.
FISCAL EFFECTS:Funding is currently allocated for this maintenance within the FY24 and FY25
budget in the Parks and Trails District Maintenance Fund account.
Attachments:
Attachment A PSA Amendment 2 K2 Ventures Inc. Snow
Removal Services.pdf
Attachment B PSA K2 Ventures Inc. Snow Removal
Services..pdf
Report compiled on: November 3, 2023
75
Second Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2024 – FY 2025 Page 1 of 2
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Parks and Trials District Snow Removal Services dated December 7, 2021 (the
“Agreement”) is made and entered into this _____ day of ____________, 2023, by and
between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and K2 Ventures Inc., 2545 Spain Bridge Road, Belgrade,
MT 59714 hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1.Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated December 7, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on December 7, 2024.
2.Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
76
First Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2024 – FY 2025 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA K2 Ventures Inc.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
77
First Amendment to Professional Services Agreement for K2 Ventures Inc.
FY 2023 – FY 2024 Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Parks and Trials District Snow Removal Services dated December 7, 2021 (the “Agreement”) is
made and entered into this _____ day of ____________, 2022, by and between the CITY OF
BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under
its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with
a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and K2
Ventures Inc., 2545 Spain Bridge Road, Belgrade, MT 59714 hereinafter referred to as
“Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1.Section 31 of the Agreement is replaced in its entirety with the following:
31. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one (1) year by written agreement of the Parties. In no case, however, may this
Agreement run longer than five years.
2.Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated December 7, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on December 7, 2023.
3.Section 4 Payment: Snow removal and additional miscellaneous services described in
the Agreement as Exhibit B are listed for clarification in the Attachment A Schedule of
Services Table provided by K2 Ventures Inc.
4.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
6 December
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First Amendment to Professional Services Agreement for K2 Ventures Inc.
FY 2023 – FY 2024 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA K2 Ventures Inc.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
Daniel Kappes
vice President
79
1 | Page
Attachment A
Pricing
● Hand shoveling- $65/ Hour
○ Any work that involves a single person and a snow shovel. ● Four wheeler with Plow- $120/hour ○ 2021 Polaris 850 with Boss hydraulic plows. ● Skid steer with plow- $180/ hour
○ Either a bobcat 650 or 570 with a bucket or Kage plow
● Skid steer with Snow blower- $210/ Per hour ○ Either a bobcat 650 or 570 with bobcat snow blower ● Mini skid steer with Bucket- $165/ Hour ● Mini excavator- $155/ hour
○ Either a Cat 303.5 or 304. Used most efficiently to remove heavy ice.
● Magnesium Chloride Granular salt- 4.5/ pound applied ● Liquid magnesium chloride- $3.75/ Gallon Applied ● Sanding- $65/per hour and $.05 per pound of sand
Pricing
Clarification of additional services and pricing for the equipment/maintenance services
provided in PSA K2 Ventures Snow removal services contract Exhibit B. Please see
Equipment and Labor Rate Table and described services below. Specialized attachments for the equipment will be billed out at an additional fee if necessary. (Additional materials to complete work purchased separate at itemized as price per. ton / price per cubic yard / or other)
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2 | Page
K2 VENTURES HOURLY EQUIPMENT AND LABOR RATES TABLE
Lawn Care Maintenance Perform various grounds maintenance functions; mows, trims, edges, fertilizes, aerates, and waters lawns, medians, and other City easement areas; weed, prune, mulch, feed, fertilize, and irrigate plants, shrubs, trees, and ground-cover. Price will be a fixed cost per location if services are desired for lawn maintenance. Price will include mowing/ trimming cost as well as additional services such as weed pulling and spraying. Landscaping
Installation of new flowers, trees, grass, hedges, and bushes, rock, mulch, etc. Landscaping can be a new project or adding on to or replacing existing landscaping.
Price- Please reference Hourly equipment and labor rates table.
Dirt work
Digging, moving, grading and trenching jobsite areas. Dirt work includes but is not limited to all acts of excavation, landscaping, hard scaping, concrete prep, and demolition.
Price- Please reference Hourly equipment and labor rates table.
Trail Maintenance (Includes All City of Bozeman Trail Classifications I – V)
Includes but is not limited to installation of new trail systems, revamping and maintenance of existing trail systems, mowing, and weed spraying. Price- Please reference Hourly equipment and labor rates table. Playground Maintenance Adding or removing new wood chips (or other mediums) to playgrounds. Extending the current playground.
Price- Please reference Hourly equipment and labor rates table.
DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
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Professional Services Agreement for K2 Ventures Inc.
Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of December, 2021
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, K2 Ventures Inc., 2545 Spain Bridge Road, Belgrade,
MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date unless
earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services in Exhibit A. For conflicts between this
Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified and attached hereto as
Exhibit B. Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City, and
will become an additional charge over and above the amount listed in the Scope of Services. The
City must agree in writing upon any additional charges.
5.Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
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Professional Services Agreement for K2 Ventures Inc.
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a.Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
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Professional Services Agreement for K2 Ventures Inc.
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In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
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damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
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In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
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to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
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be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Luke Kline, Contracts Coordinator or such other individual as City shall
designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Justin Kuntz or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
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designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17.Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
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18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
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the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than three years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Daniel Kappes
vice President
K2 ventures, Inc
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Page 1 of 23
REQUEST FOR PROPOSAL (RFP)
PARKS & TRAILS DISTRICT SNOW REMOVAL SERVICES
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
September 2021
Exhibit A
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I.INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from qualified contractors to provide snow
and ice removal services for the Parks and Recreation Department.
The Owner intends to enter into a contract with the selected firm that will include snow and ice
removal services on an “as-needed” basis beginning October 15, 2021 through April 30, 2022.
Work is to be completed within 24 hours of notification from the Parks and Recreation
Superintendent.
This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred
in preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II.PROJECT BACKGROUND AND DESCRIPTION
On May 5, 2020, the City of Bozeman approved the Bozeman Parks and Trails Special District
(District). With the endorsement of Bozeman resident’s the District granted the City
authorization to conduct annual levy assessments for funding to maintain and operate all of the
City owned parks and trails. To accomplish the District objectives the City has developed a
multi-year Parks and Trails District implementation plan designed to achieve steady calculated
increases in level of service standards and sustainable maintenance practices in all City Parks.
On July 1, 2020, the City’s Parks and Recreation Department assumed full responsibility for all
of the District’s designated park properties including the addition of 217 acres of park land
located within subdivision parks previously maintained by home owners/community
associations. To address the requirements for all maintenance, operations, capital and deferred
maintenance needed in the new District the City will establish contracts for professional
services with qualified contractors.
The City of Bozeman is seeking proposals from contractors to perform grounds and landscape
maintenance for parks, trails and amenities within the District. Contractor will provide services
to ensure that City landscapes are effectively and efficiently maintained for the benefit of the
city and its residents. The selected contractor will begin snow removal services in October 2021
and continue services through the completion of the winter season at the end of April 2022.
Exhibit A
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The routine services will be conducted for approximately a 28 week period in total or
approximately 7 months per year.
III.SCOPE OF SERVICES
The City of Bozeman Parks and Recreation Department is in need of a contractor to remove
snow and ice from sidewalks and park areas within the Bozeman city limits. Snow removal will
be performed on an “as needed” schedule during 2021-2022 winter season.
The scope of services includes:
1.The Contractor is to perform snow and ice removal of sidewalks, pedestrian crossings
any other areas as determined by the Parks Superintendent. Services shall be
completed through various methods such as, but not limited to: chipping, ice melts,
blowing, shoveling, plowing, etc.
2.The Contractor shall use equipment no wider than the sidewalk which is being cleaned.
Equipment shall be of a weight that will not damage the sidewalk or adjacent property.
The contractor shall maintain his operation within the public right of way.
3.Snow and ice must be completely removed from the sidewalks before payment will be
made to the contractor and shall not be moved into streets. If salt or other chemicals
are used to loosen ice, only the minimum amount of salt or other chemicals will be
used to adequately perform this function and the contractor shall refrain from
depositing any resulting salt/ice mixture onto private property, grassed, or landscaped
area.
4.Snow and ice removal shall commence within twenty-four (24) hours after notice by the
City is given to the contractor. The Contractor may be required to work on any day of
the week, including holidays.
Other related services may be requested on an as needed basis. Locations may be added or
removed from the contract at any time. The final scope of services may change and will be
contained in a professional services agreement to be executed by the City and the selected
Contractor.
IV.PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as listed in this RFP and
should identify the item to which the responses applies.
Proposal shall provide the following information, include, at a minimum, the following items:
Exhibit A
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1.An executive summary not exceeding two pages which summarizes key points of the
proposal and which is signed by an officer of the firm who is responsible for committing
the firm’s resources.
2.A narrative describing the contractor’s qualifications as they relate to the Scope of
Services, including the contractor’s availability of staffing to perform the tasks and
response times for work requests submitted by the City Parks and Recreation
Department.
3.Provide a quote for fixed per hour rate for services listed within Scope of Services. Cost
must include and define all equipment, labor, materials provided and description for all
service provided at fixed per hour rate.
4.Provide a quote for fixed per hour rate for additional services available if not listed in
the scope of services. Include description of all equipment, labor and materials provided
at fixed per hour cost. Provide additional information is needed to describe all services.
5.Contractor shall include any current industry professional certifications, relevant
expertise or experience, three (3) references for similar completed work and work
previously/currently being performed for the City of Bozeman.
Affirmation of Nondiscrimination (see Appendix A)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of
firms.
V.TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFQ Sunday, September 19, 2021
Sunday, September 26, 2021
Deadline for receipt of proposals No later than 2 PM, MST, October 7, 2021
Evaluation of proposals TBD
Interviews (if necessary) and Selection of
consultants
TBD
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by October 7th at 2PM MST. It is
the sole responsibility of the proposing party to ensure that proposals are received prior to the
closing time as late submittals will not be accepted and will be returned unopened. All
proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net.
Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one
Exhibit A
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PDF file will be allowed per response. The subject line of the transmittal email shall clearly
identify the RFP title, company name and due date/time. File sizes greater than 25MB in size
may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient;
however, it is the respondent’s sole responsibility to ensure the file upload is completed, and
that the Recipient is separately notified via email of same, prior to the given deadline.
VI.AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 2 PM MST on September 30th, 2021.
VII.CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, agenda@bozeman.net
Questions relating to scope of services should be directed to: Luke Kline, Contracts
Coordinator, lkline@bozeman.net , and (406) 582-2290.
VIII.SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the proposals and may arrange interviews with the finalist(s) prior
to selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection
committee representing the City of Bozeman. The selection of interview candidates will be based
on an evaluation of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
IX.SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
•[10 points] Executive Summary
•[60 points] Qualifications of the Firm for Scope of Services; Cost
•[30 points] Related Experience with Similar Projects
Exhibit A
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
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X.FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Appendix B.
XI.CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
A.This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
B.The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
C.The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
D.The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals.
E.The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Appendix B for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F.This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
Exhibit A
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
99
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
G.The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
H.Projects under any contract are subject to the availability of funds.
XII.NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that it will not discriminate on the basis of race, color, religion, creed,
sex, age, marital status, national origin, or because of actual or perceived sexual orientation,
sexual preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the
Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited
the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication
and has read the material.
XIII.MISCELLANEOUS
A.No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B.No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C.Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
Exhibit A
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
100
its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D.Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the ADA Coordinator
Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301.
E.Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F.Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XIV.ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
Appendix B: Form of Professional Services Agreement
END OF RFP
Exhibit A
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
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K2 Ventures INC
Exhibit B
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
102
Profile
Name
K2 Ventures INC
EIN:85-3254226
Address and Location
2545 Spain Bridge road,
Belgrade, Mt, 59714
Contact Persons
Justin Kuntz
President
(406) 539-0838
K2venturesmt@gmail.com
Daniel Kappes
Vice President
(406) 595-4779
K2venturesmt@gmail.com
Experience and Expertise
K2 Ventures has 20+ years experience providing snow plowing services to the bozeman
area. Using our past experience we have made our company a “one stop shop” for
snow removal needs using the following equipment and employees:
● 14 Employees
● 10 Trucks with plows
● Two skid steers with plows
● One loader with plow
● Two, four wheelers with plows
● Sand/salt truck
● Liquid Magnesium Chloride Truck
Exhibit B
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
103
Pricing
● Hand shoveling- $65/ Hour
○ Any work that involves a single person and a snow shovel.
● Four wheeler with Plow- $120/hour
○ 2021 Polaris 850 with Boss hydraulic plows.
● Skid steer with plow- $180/ hour
○ Either a bobcat 650 or 570 with a bucket or Kage plow
● Skid steer with Snow blower- $210/ Per hour
○ Either a bobcat 650 or 570 with bobcat snow blower
● Mini skid steer with Bucket- $165/ Hour
● Mini excavator- $155/ hour
○ Either a Cat 303.5 or 304. Used most efficiently to remove heavy ice.
● Magnesium Chloride Granular salt- 4.5/ pound applied
● Liquid magnesium chloride- $3.75/ Gallon Applied
● Sanding- $65/per hour and $.05 per pound of sand
Pricing
Price list for the equipment Class II & III Trail Maintenance. Specialized attachments for the
equipment will be billed out at an additional fee if necessary. (Additional materials to complete
work purchased separate at itemized as price per. ton / price per cubic yard / or other)
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
104
References
Bozeman Public Schools
Snow removal
Mathew Stark
406-522-4879
Bozeman Code Compliance
Sidewalk snow Removal
Ken Philips
UPS
Ron Proffit
406-871-2500
US Post office
Carrie Brekke
Carrie.L.Brekke@usps.gov
Saddle Peak Property Management
Lindsay Freitas
406-599-2613
lindsay@saddlepeakproperties.com
Exhibit B
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
105
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
I ,,/ .. ""
/� 'Z l),:,;1,-tv[<>�) /z N c-(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer's employees and to all subcontracts.
)';/'
In addition, fl./ I )triJ.;'-(·'l 5, , ·t:..c/ (name of entity submitting) hereby affirms it will abide by the Equal Pa/Kc:t of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices" website, https://wayback.arch ive-it.org/ 499/20210701223409/https:/ eg ualpay.mt.gov /, or equivalent "best practices publication and has read the material.
Exhibit B
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
106
Memorandum
REPORT TO:City Commission
FROM:Mike Gray - Facilities Superintendent
Max Ziegler - Facilities Project Coordinator
SUBJECT:Authorize the City Manager to Sign an Amendment 2 to the Professional
Services Agreement for Snow Removal Services with All Valley Landscaping
Services LLC for 2023-2024 Snow Removal Season
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign and Amendment 2 to the Professional
Services Agreement for Snow Removal Services with All Valley Landscaping
Services LLC for 2023-2024 Snow Removal Season
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman Facilities Department contracts with third parties for
snow removal services at a number of City facilities to ensure buildings are
accessible and safe for the Public and City staff. Snow removal contracts are
typically multi year agreements, but are regularly amended to account for
changes to scope or labor costs. This Amendment 2 expands the scope of
services under this contract to include the Bozeman Senior Center, and
adjusts costs for services at the Bozeman Public Library and Bozeman Public
Safety Center to account for increased expenses and minor increases of
scope.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by City Commission
FISCAL EFFECTS:This amendment will expand the scope of services to include snow removal
services at the Bozeman Senior Center at the rates stated in Exhibit A.
Additionally, this amendment includes price increases for snow removal
services at the Bozeman Public Library and Bozeman Public Safety Center to
account for increased plowing scope.
Expenses related to this amendment are funded through Facilities
operations budgets.
Attachments:
107
PSA 2nd Amendment - All Valley Landscaping Services LLC -
Snow Removal Services.pdf
Report compiled on: November 9, 2023
108
2nd Amendment to Professional Services Agreement for Snow Removal Service FY 2021 – FY 2025 Page 1 of 3
2ND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS 2ND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
SNOW REMOVAL SERVICE dated 13th of October, 2020 (the “Agreement”) is made and
entered into this _____ day of November, 2023, by and between the CITY OF BOZEMAN,
MONTANA, a self governing municipal corporation organized and existing under its Charter and
the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing
address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and All Valley
Landscaping Services LLC, P.O Box 11746, Bozeman, MT 59718, hereinafter referred to as
“Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for the City
services described in the Scope of Services attached hereto as Exhibit A and Exhibit B and
by this reference made a part hereof.
2. Nondiscrimination and Equal Pay: Section 14 of the Agreement is replaced in its
entirety with the following:
The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall
be on the basis of merit and qualifications. The Contractor will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar
a person from employment, or discriminate against a person in compensation or in a term,
condition, or privilege of employment because of race, color, religion, creed, political ideas,
sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity,
physical or mental disability, except when the reasonable demands of the position require an
age, physical or mental disability, marital status or sex distinction. The Contractor shall be
subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2,
United States Code, and all regulations promulgated thereunder.
109
2nd Amendment to Professional Services Agreement for Snow Removal Service FY 2021 – FY 2025 Page 2 of 3
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
110
2nd Amendment to Professional Services Agreement for Snow Removal Service FY 2021 – FY 2025 Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA All Valley Landscaping Services LLC
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
111
2nd Amendment to Professional Services Agreement
Snow Removal Contract FY 2024 – 2025
Page 1 of 4
Exhibit – A
Senior Center - Snow Removal Contract FY 2024 – 2025 Scope of Services and Frequency and Work Schedule All Valley Landscape Services LLC
1. Location of Services. The buildings that services are to be provided for are: Senior Center, 807 N. Tracy Ave Per Site Plan Drawing
Cost: $175.00 Plow Parking Area per service Cost: $115.00 Plow/Shovel Walks per service
Cost: $100.00 Sand Parking Area as needed per service
Cost: $150.00/hr per machine Relocate Snow Onsite Cost: $0.75 lb Spread Ice Melt (if needed)
Depth Upcharge for snow accumulations over 5” will result in 50% increase in service line item.
2. General Conditions.
a. Billing will be on an itemized basis for each service and each site independently. If more than one site is part of the contract each site will be invoiced separately. b. Snow removal for parking lots shall occur when snow accumulation is two (2)
inches or greater and ½ inch for the sidewalks. c. Snow removal from all sidewalks shall be completed prior to 8 a.m., or within four hours after any snow or ice deposit. Snow will be disposed of in Snow Removal
Storage Areas noted on attached snow removal Site Plan.
d. If weather conditions warrant, aggregate may need to be applied to lots or sidewalks. Ice melt containing high concentrations of salt will be avoided, in order to protect landscaping and reduce saline run-off into adjacent waterways or storm
sewers.
112
2nd Amendment to Professional Services Agreement
Snow Removal Contract FY 2024 – 2025
Page 2 of 4
e. The City may request the Contractor dispose of accumulated snow off-site if on-site storage reaches capacity. Identification of an off-site snow storage area will be
the responsibility of the Contractor. The City does not have any designated snow
storage areas. f. At the end of the snow season, the Contractor will be responsible for repairing any damaged irrigation heads and other irrigation components. The Contractor will also
be responsible for the replacement and pinning of any curb stops disturbed during
the snow removal process for that season and any other damage that occurs to City property or to the property of third parties. In the event curb stops are disturbed that create a immediate safety hazard that cannot wait until the end of season, they will be replaced and pin at the time in a timely manner following notification from
City representative.
g. Contractor may invoice the City on a monthly basis for services rendered. The invoice will list the dates of service, the type of service provided, for each city facility or parking lot.
3. Hours During Which Work is to be Performed: The work under this Agreement is to be
performed during non-business hours. The hours will be established by the Contractor and
conveyed to the City’s Representative. Hours will reflect the limitation of work hours
established by Chapter 16, Article 6, Bozeman Municipal Code. Where possible,
consideration will be given for adjoining property owners so as not to disrupt their activities.
Specific hours will be agreed to prior to the commencement of services and any deviation
from this schedule will be approved by the City’s Representative.
4. Emergency Call Out: In the event of an emergency, the Contractor will be notified by the
City’s Representative and may be requested to provide immediate service. For emergency
services, payment shall be performed at a cost not greater than one and one-half times the
standard hourly rate.
5. Changes in Square Footages of Buildings Served: Any changes in square footages in any
of the buildings served under this Agreement shall be forwarded by the City to the Contractor
at least thirty days prior to any change in services to be provided. The addition or deletion
of square footages shall be accommodated by adjusting the cost per facility on a cost-per-
square-foot basis, per the amounts bid for each building.
113
2nd Amendment to Professional Services Agreement
Snow Removal Contract FY 2024 – 2025
Page 3 of 4
6. Inspection and Complaints:
a. Any complaints received by the Contractor regarding the Contractor’s performance
under this Agreement shall be directed by the Contractor to the City’s Representative
shall be in writing, and shall state the nature of the complaint and, if possible, the
complainant’s contact information.
b. Services found by the City to be incomplete, defective or not accomplished as
scheduled will be reported in writing to the Contractor for appropriate corrective
action.
c. In addition, if the City’s Representative determines the Contractor’s performance
constitutes a hazard or creates an unsafe condition, the City’s Representative shall
inform the Contractor and the Contractor shall take immediate corrective action at no
additional expense to the City to correct the hazardous or unsafe condition. If
authorized by the City’s Representative, the Contractor may take corrective action
during the next work period.
For subsections a – c, above, the City’s Representative shall forward a written report describing
the corrective action to the Contractor for his/her record and response. Within ten (10) days of
receiving the report the Contractor shall provide the City’s Representative with a written and
signed response.
The City shall retain the right to determine whether an adequate level of service and
workmanship is being maintained. Repetitive nonconformity in any one area or consistent
overall nonconformance to workmanship and standards may result in termination of the
contract and/or other action as deemed necessary by the City.
7. Maintenance of Equipment. All Contractor supplies, equipment, and machines shall be
kept out of traffic lanes, (except when moving material), or other areas where they might
pose a hazard and shall be secured or removed from the premises at the end of each work
period.
8. Maintaining of Contractor’s Log. The Contractor shall maintain a daily log for each
facility, for each day of service showing the following information:
a. Names of authorized Contractor's employees conducting the work;
b. Time of entry and departure; and
c. Note any safety or security problems that arise.
The Contractor’s daily log shall be provided to the City on request.
114
2nd Amendment to Professional Services Agreement
Snow Removal Contract FY 2024 – 2025
Page 4 of 4
9. Owner Inspections. The City may conduct inspections of services provided under this
Agreement. The City may prepare a check-off sheet to record all work accomplished by the
Contractor.
10. Equipment. The Contractor shall furnish all supplies and equipment necessary for
accomplishment of all work as specified and all equipment shall be kept out of traffic lanes,
(except when moving material), or other areas where they might pose a hazard and shall be
secured or removed from the premises at the end of each work period.
115
Po Box 11746
Bozeman, MT 59719
406-624-6047
October 17 2023 Dear City of Bozeman, Please review the enclosed pricing and terms for the 2023-2024 Snow Removal Season for the Bozeman Senior Center. Thank you for the opportunity to let All Valley Landscape Services LLC serve you last season. We hope our service left nothing to be desired for your snow removal needs. We look forward to another year of snow removal in the valley and hope that we can continue to serve you into the future. We believe you deserve our excellent service at an affordable price without compromising quality. Please sign, detach along the perforations, and mail back the lower portion of this page for your renewal. Please feel free to make changes or call us at 406-624-6047.
Sincerely,
Mick Derzay Owner/Operator All Valley Landscape Services LLC City Of Bozeman Bozeman Senior Center 807 North Tracy Ave Bozeman, MT 59715 Plow Lot 1” $175 Sidewalks ½” $115 Sand $100.00 Skid Steer Hours For Pile Moving $150.00/hr
Client Signature_________________________ Date:_________________________ Terms and Conditions Payment is due by the 15th of the month following the month in which the work was performed. . Depth charges may occur is snowfall is above 5”. In cases of drifting or additional services, price may vary. All delinquent accounts are subject to an 18% or $2 finance charge. Services may be terminated without notice on accounts that are over 60 days past due, and these accounts may be sent to an agency for collection. Any alteration, deviation, or addition to the work described will result in an extra charge over and above the estimate. All Valley Landscape Services LLC must be notified at least 7 days in advance for termination of any services or charges may apply.
116
Po Box 11746
Bozeman, MT 59719
406-624-6047
If you would like to switch to paperless billing please provide an email address below:
117
9000.0
Miles
This product is for informational purposes and may not have been prepared for, or be suitable for legal,
engineering, or surveying purposes. Users of this information should review or consult the primary data and
information sources to ascertain the usability of the information. Feet
1050
Legend
52
Location
105
Mike Gray
09/13/2017
Created By:
Created For:
Date:
Senior Center Snow Removal Plan
Street Names
City Limits
Roads
Aerial Photo (4/21/15)
Red: Band_1
Green: Band_2
Blue: Band_3
118
2nd Amendment to Professional Service Agreement
Snow Removal Contract FY 2024 – 2025
Page 1 of 1
Exhibit – B
Snow Removal Contract FY 2024 – 2025 Price Increase at Library and Public Safety Center All Valley Landscape Services LLC
1. Location of Services. The buildings that services are to be provided for are: Bozeman Public Library
Cost Increase: $40.00, Plow Parking Area per service, $260.00 to $300.00 Public Safety Center
Cost Increase: $200.00, Plow Parking Areas per service, $400.00 to $600.00. Increases are due to increased expense and increased scope of plowing needs for facility.
119
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson - Strategic Services Director
Max Ziegler - Facilities Project Coordinator
SUBJECT:Authorize the City Manager to Sign a Third Amendment to Professional
Services Agreement with Cushing Terrell for Engineering and Architectural
Services for Swim Center Renovation
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the Third Amendment to the Professional
Services Agreement with Cushing Terrell for Engineering and Architectural
Services for Swim Center Renovation.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:On November 2, 2021, the citizens of Bozeman approved a bond for the
renovation of three recreation facilities, including the Bozeman Swim
Center. To inform project planning for the renovation work at the Swim
Center a visual structural and seismic assessment was conducted by
Morrison Maierle, which identified damage to parts of the wall and roof
structure.
After receiving the structural assessment report the City took immediate
action to ensure the safety of occupants, as well as begin the public
procurement process for an Architecture and Engineering firm to design
repairs or improvements to the structure to address documented damage
and safety concerns.
Cushing Terrell and a team including Aquatics Design Group and DCI
Engineers was selected based on their response to the published Request
For Qualifications. After assessing the Swim Center for emergency repairs,
Cushing Terrell provided Architectural and Engineering services as required
to complete the Phase 1 emergency repairs to the roof and wall structures.
This amendment to the original Public Service Agreement is to expand the
scope of services and duration of contract to include Engineering,
Architectural, and Construction Administration services for additional design
and construction administration scope to Phase 2 of the project. This
additional scope will include a design and cost estimate for two new unisex
120
changing rooms, locker room tile replacement, and replacement of a pool
heater.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by City Commission.
FISCAL EFFECTS:This contract amendment will result in additional professional fees of
$44,600 as well as reimbursable expenses estimated at $2,950. Expenses
incurred by this amendment are to be paid from the Swim Center's building
operations budget. This amount will support the design and cost estimate
associated with the additional scope of work. Funds needed to construct
this portion of the project have not yet been identified.
Attachments:
Swim Center - Engineering and Architectural Services - PSA
3RD Amendment.docx
Bozeman Swim Center_CT Amendment 3 Proposal.pdf
Report compiled on: November 7, 2023
121
3RD Amendment to Professional Services Agreement for Swim Center Engineering and Architectural Services
FY 2022 – FY 2024
Page 1 of 2
3RD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS 3RD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Swim Center Engineering and Architectural Services dated June 17, 2022, (the “Agreement”) is
made and entered into this _____ day of ____________, 2023, by and between the CITY OF
BOZEMAN, MONTANA,a self governing municipal corporation organized and existing under
its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with
a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and
Cushing Terrell, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1.Extension of Term. This Agreement is effective upon the date of its execution and will
terminate upon satisfactory completion of the agreed Scope of Services as described in
Exhibit A, which may be amended from time to time by the mutual agreement of the
Parties pursuant to terms of this agreement, as determined by the City.
2.Addition to Scope of Work. This amendment will expand the scope of work for this
contract to include Architectural and Engineering Design Services, Permit, Bid, and
Construction Administration Services related to the Phase 2 Renovation of the Bozeman
Swim Center as described in Exhibit A.
3. Addition to Payment.See Exhibit A for fee proposal for services to be provided.
4.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
122
3RD Amendment to Professional Services Agreement for Swim Center Engineering and Architectural Services
FY 2022 – FY 2024
Page 2 of 2
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA CUSHING TERRELL
By________________________________By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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November 6, 2023
Max Ziegler, Facilities Project Coordinator
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
(406) 582-2439
wziegler@bozeman.net
Re: Professional Design Services for the City of Bozeman – Bozeman Swim Center Building Assessment –
Locker Room Documents and CA Contract Amendment – Amendment 3
Dear Max:
Cushing Terrell is pleased to provide this architectural and engineering services proposal for a Locker Room
Feasibility Study at the Bozeman Swim Center Building, located at 1211 W Main Street, in Bozeman, Montana.
The attached proposal provides a description of Cushing Terrell’s understanding of the project scope and
discusses the scope of services Cushing Terrell will provide. It also lists our proposed team, which accounts
for the disciplines and expertise anticipated for this work.
Please review the proposed services, timeline, and fees attached. Do not hesitate to call or email if you have
any questions. If you find this proposal meets your expectations, the Proposal for Contract Amendments
below can be attached to the City’s Professional Services Agreement to amend the Scope of Services and
sent to us for signature.
Thank you for this opportunity.
Sincerely,
Ali Vasarella, AIA
CUSHING TERRELL
cc: Cushing Terrell File – Bozeman Swim Center Attachments: Proposal for Locker Room Contract
Amendments
Cushing Terrell
411 East Main St., Ste.101 Bozeman, MT 59715
(406) 556-7100
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Proposal for Locker Room Contract Amendments
Documents and Construction Administration for additional work at the Bozeman Swim Center Building
including Locker Room work.
SCOPE OF PROJECT
The City of Bozeman is seeking the design and documentation for the replacement of both the existing pool
boiler and locker room tile, and addition of two new gender-neutral shower/restrooms as defined below, to
be constructed at the Bozeman Swim Center building in Bozeman, Montana.
SCOPE OF SERVICES
Cushing Terrell will manage this project from our Bozeman office. Our professional team will be led by the
following key team members:
• Principal-in-Charge: Corey Johnson, Cushing Terrell
• Project Manager: Sky Cook, Cushing Terrell
• Project Architect: Ali Vasarella, Cushing Terrell
• Plumbing Engineer: Jay Listoe, Cushing Terrell
• Mechanical Engineer: Gerry Nichols-Pagel, Cushing Terrell
• Electrical Engineer: Carl Maehl, Cushing Terrell
Cushing Terrell’s professional service will include the scope as described below.
Design Services
Phase 2 Design Scope
The items being addressed in this phase are as follows:
1. Replacement of existing locker room floor tile.
2. Design of new two non-gendered shower/restroom at existing alcove to each Men’s and Women’s
Locker Rooms.
3. Replacement of existing pool boiler.
The design work includes the documentation for the items as listed above.
Members of the design team will visit the site once during design to complete further investigation as
needed to complete the scope above. Cushing Terrell will create Progress Reports to communicate project
progress as needed during the design services period. Anticipated meetings can be found in the Schedule
section.
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Bidding Services
Bid Scope
This proposal assumes the Construction Manager / General Contractor (CM/GC) will coordinate the bidding
process to meet State procurement process. The Design Team will participate by attending a Pre-Bid
Conference (if required), responding to RFIs and Substitution Requests, and issuing up to three addenda.
Permitting Services
Permit Scope
Cushing Terrell will add these drawings to the previously completed Permit 2 documents and submit a
building permit application following the City of Bozeman permit application process. The Design Team will
be available to respond to any comments or questions regarding these items. If permitting fees are paid by
Cushing Terrell, this cost will be reimbursed at cost plus 10%. The estimated reimbursable expenses do not
currently include permit fees.
Construction Administration Services
Services for Construction Administration will coincide with the previously contracted Phase 2 work. The site
visits noted below and review of submittals are what is projected to be needed in addition to what was
previously contracted. The previous contract includes one punch list on-site review per discipline. If additional
site visit or punchlists are required, additional services will be charged at hourly rates.
Anticipated Construction Administration Site Visits:
• Two Architectural Cushing Terrell site visits
Assumptions
This proposal is based upon Cushing Terrell’s understanding of the following assumptions:
• Cushing Terrell is not currently anticipating any City Planning review and/or permit at this time as this
work does is purely interior.
• Jackson Contractor Group will continue to be the General Contractor on this project. Changing the
contractor will require additional fees to kick-off and coordinate with a new contractor.
• This work will coincide with Phase 2 bidding and construction. If the schedule changes to the
following summer, additional fees will be added to accommodate the schedule extension and
additional coordination.
• The current fees do not include structural elements being disturbed in this design. If it is found that
structural design will be required, additional hourly service fees may be charged, depending on the
extent of the additional work.
• A single punch list review site visit will be required for the combination of this scope with the Phase 2
scope previously contracted.
• To meet the pricing timeline, Cushing Terrell will need confirmation that this proposal is approved by
beginning of day Wednesday, November 8, 2023.
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ANTICIPATED PROJECT SCHEDULE
To meet the pricing timeline, Cushing Terrell will need confirmation that this proposal is approved by
beginning of day Wednesday, November 8, 2023.
Approval Pricing is required by the City by December 5, 2023. To accommodate this, Cushing Terrell will have
rough pricing documents to Jackson Contractor Group no later than November 20, 2023.
One Owner/Contractor design review meeting is included in this proposal. Review will consist of a web
conference meeting followed by a 1-week review period for City/Contractor review and comment for any
final revisions prior to bid submittal.
COMPENSATION PROPOSAL
Design Services
Total for Design and CA Services $38,700
CT Arch/PM Fee $16,800
CT Mech/Plumb Fee $ 19,500
CT Elec Fee $ 2,400
CA Services
Total for Design and CA Services $5,900
CT Arch/PM Fee $ 2,700
CT Mech/Plumb Fee $ 1,900
CT Elec Fee $ 1,300
Estimated Reimbursable Expenses
Reimbursable expenses for the scope outlined above are estimated at $2,950. Reimbursable expenses include
having the underslab plumbing located (currently anticipated at 2,500 + 10% processing), travel (airfare, auto
rental, mileage/fuel, lodging, and meals), printing, copying, legal fees and postage plus a 10%
administrative/processing fee. These fees are subject to change if the scope of the project changes.
Optional Additional Services and Fee
Per our previous assessment, we recommend improving the existing locker room ventilation. Adding
additional locker rooms to the existing system which has ductwork, GRDs, and exhaust fans which are already
in poor condition will exacerbate the current ventilation issues. If selected, Cushing Terrell can provide design
services to replace these for an additional $5,300. This can be added as an alternate bid item to the current
work and could be completed as budget allows if not included in this work.
This contract amendment proposal is valid for 30 (thirty) days from date of issue.
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128
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Strategic Services Director
SUBJECT:Authorize City Manager to Sign an Agreement for Purchase of Furniture and
Related Services for the Fire Station 2 Relocation Project under Cooperative
Purchasing Agreements
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign Agreement for Purchase of Furniture and
Related Services for the Fire Station #2 Relocation Project under Cooperative
purchasing Agreements.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:On November 2, 2021, Bozeman voters approved the relocation of Fire
Station #2 to improve service for the south side of the City, while also
serving as the primary response station for all of Montana State University
campus and Bozeman High School.
An important and significant element of the project is the furniture and
specialized storage equipment. This category includes, but is not limited to,
furniture in open offices, private offices, conference rooms, lobby areas, and
firefighter dormitory and dayroom areas.
As a local government, Montana law and the City's purchasing policy
authorize the City of Bozeman to purchase under cooperative purchasing
agreements, including certain federal General Services Administration (GSA)
schedules, existing contracts competitively bid by group purchasing
organizations (GPOs), and existing State of Montana term contracts.
Cooperative purchasing allows the City to receive the discounted pricing
negotiated by the State of Montana, federal government, or other lead
agency, while also meeting Montana procurement laws for competitive
sealed bidding and contract requirements. All this ensures that purchases
using taxpayer money under this system are fair and competitive.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
129
FISCAL EFFECTS:Estimated costs of the furniture and specialized storage systems have been
included in the Fire Station #2 Relocation project budget.
Attachments:
Furniture Purchase and Services Agreement.pdf
Report compiled on: November 9, 2023
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Fire Station #2 Relocation - Furniture Purchase and Services Agreement Page 1 of 6
AGREEMENT FOR PURCHASE OF FURNITURE AND RELATED SERVICES
FIRE STATION #2 RELOCATION
Under Cooperative Purchasing Agreements
THIS PURCHASE AGREEMENT is made this _____ day of ______________, 2023, by and
between the CITY OF BOZEMAN, a municipal corporation organized and existing under the
laws of the State of Montana, 121 North Rouse Ave., Montana 59715, hereinafter referred to as
“City,” and Contract Design, with a mailing address of 1330 West Broadway Street, Missoula, MT
59802, hereinafter referred to as “CD” or “Vendor.”
In consideration of the mutual promises and agreements hereinafter contained, the parties
agree as follows:
1. PROJECT
The Fire Station #2 Relocation (“Project”) fulfills the City of Bozeman’s Strategic Plan (3.1.c)
desire to support high quality public safety programs, emergency preparedness, facilities, and
leadership through the implementation of a Fire Station Location Plan. The Plan recommends
relocating Fire Station #2 (410 S. 19th Ave.) to the northeast corner of 7th Ave. and Kagy Blvd.
due to growth of the City. The new location will improve service for the south side of the City,
while also serving as the primary response station for all of Montana State University campus
and Bozeman High School.
The Project will be under intense scrutiny by public officials, the media, and the citizens. It is
imperative that it be managed, designed, constructed, and furnished with the utmost regard to
cost, schedule, and quality control by all participants. There is a clear expectation by the
community that Project costs will come in at, or below, the budgeted amount. The integrity,
reputation, skills and performance of all partners contributing to completion of the Project must
be of the highest caliber to maintain confidence in the Project.
For the design, the City has selected:
Thinkone Architects
101 East Main Street, Studio 1
Bozeman, MT 59715
(406) 586-7020
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Fire Station #2 Relocation - Furniture Purchase and Services Agreement Page 2 of 6
bhanson@think1.com
The Project construction has been procured as one general contract under the alternative delivery
method using the General Vendor/Construction Manager (GC/CM) process. For the GC/CM, the
City has selected:
Martel Construction, Inc.
1203 S. Church Ave. Bozeman, MT 59715 (406) 586-8585
jmartel@martelconstruction.com
The City expects CD to form an integral part of the design team for the Project, providing fixtures,
furnishings and equipment the City will purchase under the State of Montana’s term contracts for
office furniture and other cooperative purchasing agreements as listed in Section 2.
2. CONTRACT DOCUMENTS: The Agreement consists of:
a. This City of Bozeman Purchase Agreement.
b. The cooperative purchasing agreement goods and services are to be purchased
under:
i. For Herman Miller products: Master Agreement MA145, Office
Furniture (2018-2023) led by the State of Utah, including all executed
amendments and the State of Montana Participating Addendum thereto
signed June 1, 2021.
ii. For Krueger International products: Master Agreement MA2777,
Office Furniture (2018-2023) led by the State of Utah, including all
executed amendments and the State of Montana Participating
Addendum thereto signed June 1, 2021.
iii. For SitOnIt Seating: NASPO Contract No. MA3964 | Term: January 22,
2023 – January 1, 2028, State of Montana Participating Agreement
executed January 5, 2023
iv. For OFS: MASTER AGREEMENT OFS Brands Inc. (hereinafter
“Contractor”) Contract Number 121919-OFS and State of Montana
(hereinafter “Participating Entity”). State of Montana Participating
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Fire Station #2 Relocation - Furniture Purchase and Services Agreement Page 3 of 6
Addendum thereto signed June 30, 2020.
c. City specifications and drawings
d. City orders for furniture (“Orders”)
In the event of a conflict between the Contract Documents, the terms of the applicable cooperative
purchasing agreement will govern. The City shall have the same rights and responsibilities for its
purchases as the lead entity has in the master cooperative purchasing agreements, and as the State
of Montana has in the Participating Addenda (if any), including but not limited to any indemnity
or right to recover any costs as such right is defined in the master cooperative agreement and
participating addendum for the City’s purchases.
3. Property Purchased: Vendor agrees to sell and City agrees to purchase the
property requested and described in the Orders, all of which is incorporated into this Purchase
Agreement by this reference. By accepting this Purchase Agreement, Vendor hereby agrees that
the sale, use, or incorporation into manufactured products of all machines, software, hardware,
materials and other devices furnished under this Purchase Agreement which are not of the
Vendor’s design, composition, or manufacture shall be free and clear of infringement of any valid
patent, copyright, or trademark. Vendor shall hold the City harmless from any and all costs and
expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits, or
actions alleging such infringement, and Vendor agrees to defend such claims, suits, or actions.
4. Services: Vendor will provide the design and installation services as provided in
the master cooperative purchasing agreement or in Orders.
5. Specifications: The Vendor agrees that all material and workmanship in and upon
the Property complies with the specifications provided to Vendor by the City and as described in
the product listings incorporated in the cooperative purchasing agreements listed above.
6. Price: Furniture and services will be priced in accordance with the applicable
cooperative purchasing agreement. All prices include any applicable local, state or federal taxes
that may be applied to the Property to be purchased.
7. Ordering: Vendor must familiarize itself with and follow the ordering procedure
specified in the applicable cooperative purchasing agreement for each product line listed in Section
2. Each Order placed must reference the applicable cooperative purchasing agreement number to
confirm that the pricing, terms, and conditions are applicable on the Order, in addition to any
additional information that must be provided in an Order pursuant to the applicable cooperative
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Fire Station #2 Relocation - Furniture Purchase and Services Agreement Page 4 of 6
purchasing agreement.
8. Time and Place of Delivery: Time is of the essence in the performance of this
Purchase Agreement. Vendor assumes full responsibility for all transportation, transportation
scheduling, packing, handling, insurance, and other served associated with delivery of the
Property.
Vendor agrees to delivery to the City in a fully operational status and all accessories
properly installed in accordance with this Agreement. Delivery will occur at the Project site, or at
a place otherwise selected by City. If delivery of the Property and/or performance of services
required under this Purchase Agreement cannot be made Vendor shall promptly notify the City of
the earliest possible date for delivery or performance.
9. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Jon Henderson, Strategic Services Director or such other individual as
City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication
or submission shall be directed to Jon Henderson as the City’s Representative and
approvals or authorizations shall be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not available, Vendor
may direct its communication or submission to other designated City personnel or agents
as listed above and may receive approvals or authorization from such persons.
b. Vendor’s Representative: The Vendor’s Representative for the purpose
of this Agreement shall be Ashley Siebrasse, Account Manager, or such other individual
as Vendor shall designate in writing. Whenever direction to or communication with
Vendor is required by this Agreement, such direction or communication shall be directed
to Vendor’s Representative; provided, however, that in exigent circumstances when
Vendor’s Representative is not available, City may direct its direction or communication
to other designated Vendor personnel or agents.
10. Nondiscrimination: Vendor will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws,
regulations, and contracts. Vendor will not refuse employment to a person, bar a person from
employment, or discriminate in the performance of this Agreement on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual
134
Fire Station #2 Relocation - Furniture Purchase and Services Agreement Page 5 of 6
orientation, gender identity or disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Vendor 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 Vendor shall require these
nondiscrimination terms of its subcontractors providing services under this Purchase Agreement.
11. Assignment: Vendor may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written
consent of City.
12. Entire Agreement: This Purchase Agreement, including the Contract Documents
listed in Section 2, embodies the entire understanding between the parties relating to the subject
matter contained herein. No agent or representative of either party has authority to make any
representations, statements, warranties or agreements not herein expressed and all modifications
or amendments of this Agreement, including the appendices, must be in writing and signed by an
authorized representative of each of the parties hereto.
13. Applicable Law: This Agreement shall be governed and construed in accordance
with the laws of the State of Montana, venue shall be in the Eighteen Judicial District, Gallatin
County Montana, and the same is binding upon the parties, their heirs, successors, and assigns.
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Fire Station #2 Relocation - Furniture Purchase and Services Agreement Page 6 of 6
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written.
CITY OF BOZEMAN CONTRACT DESIGN ASSOCIATES
By___________________________ By___________________________
Jeff Mihelich, City Manager Print Name: ___________________
Print Title: ____________________
Date: ________________ Date: ______________________
APPROVED AS TO FORM:
By________________________________
Greg Sullivan, City Attorney
136
Station 2 Pricing
LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL
Captain 125
1 2 Y91171.CM $208.38 $416.76
*Flo Sngle-Screen Monitor Arm Support,Surf Clamp
Finish 0I *silver
2 1 FV696.39 $29.76 $29.76
+Stiffener, 38 5/8W
3 1 Y5010.$33.12 $33.12
+Drw,Pencil 21W 16D
Surface Finish WN +warm grey neutral
4 1 DW7A.30CE $500.94 $500.94
@Nevi Table Base Kit 2 Legs, C-Foot, Elec Std Range 30D
Switch Option
Base Finish
Glides
STS
8Q
57
+simple up/down touch switch
@folkstone grey
+glides
5 1 6-MCT-66/30 $338.02 $338.02
Staks, 66"W x 30"D x 1"H, Rectangular Worksurface
Material
Top Finish
Top Finish, TFL Wood Grains
Edge
Edge Finish, TFL
Grommet
Grommet Finish
Power Cutout
T
~W/W
CO2
EY
CO2
G3
LK
A9F
TFL/HPL-PP Edge
TFL Wood Grain with 2mm PP Edge
Linen (CO2)
Square
Linen (CO2)
Center
Nickel
No Cutout
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137
LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL
6 1 6-MCT-42/22 $161.55 $161.55
Staks, 42"W x 22"D x 1"H, Rectangular Worksurface
Material
Top Finish
Top Finish, TFL Wood Grains
Edge
Edge Finish, TFL
Grommet
Grommet Finish
Power Cutout
T
~W/W
CO2
EY
CO2
G1
G1
A9F
TFL/HPL-PP Edge
TFL Wood Grain with 2mm PP Edge
Linen (CO2)
Square
Linen (CO2)
No Grommet
No Grommet
No Cutout
7 1 6-6019HDW4 $510.65 $510.65
Staks, 60" x 18.5" Organizer with Doors
Material
Chassis Finish
Door Finish
Door Finish
Lock
T
CO2
~SW
CO2
NL
TFL
Linen (CO2)
TFL Wood Grain
Linen (CO2)
No Lock
8 1 6-MCT-60/22 $227.19 $227.19
Staks, 60"W x 22"D x 1"H, Rectangular Worksurface
Material
Top Finish
Top Finish, TFL Wood Grains
Edge
Edge Finish, TFL
Grommet
Grommet Finish
Power Cutout
T
~W/W
CO2
EY
CO2
G1
G1
A9F
TFL/HPL-PP Edge
TFL Wood Grain with 2mm PP Edge
Linen (CO2)
Square
Linen (CO2)
No Grommet
No Grommet
No Cutout
9 1 6-22HBA2 $208.86 $208.86
Staks, H Leg Support for 22"D Worksurface (set of 2)
Finish MSL Luster Grey
10 1 6-NW1622MPD1 $498.29 $498.29
Staks, Worksurface Height Box/Box/File Pedestal No Riser Support, Use
with 22"D Worksurfaces, 15.625"W x 21.875"D x 27.875"H
Material
Chassis Finish
Top Drawer Finish
Bottom Drawer Finish
Back
Lock
Pull
Pull Finish
T
CO2
CO2
CO2
LXT
NL
Parallel
MSL
TFL
Linen (CO2)
Linen (CO2)
Linen (CO2)
Finished
No Lock
Parallel
Luster Grey
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138
LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL
11 1 FT2200 $199.91 $199.91
1-Piece Tackboard Use with 60"W Wallmount Organizers
Grade, Fabric for Tackboards
Grade 1 Material
Fabric, OFS Vitality
1
OFSV
3101723
Grade 1 Material
OFS Vitality
Balance
12 2 6-2812SP $119.78 $239.56
Staks, 12D 27.875H End Support Panel
Material
Finish, TFL
T
CO2
TFL
Linen (CO2)
13 3 6-NW1622MPD1 $453.10 $1,359.30
Staks, Worksurface Height Box/Box/File Pedestal No Riser Support, Use
with 22"D Worksurfaces, 15.625"W x 21.875"D x 27.875"H
Material
Chassis Finish
Top Drawer Finish
Bottom Drawer Finish
Back
Lock
Pull
Pull Finish
T
CO2
CO2
CO2
LW
NL
Parallel
MSL
TFL
Linen (CO2)
Linen (CO2)
Linen (CO2)
Unfinished
No Lock
Parallel
Luster Grey
14 1 Q-TL-1 $191.76 $191.76
Task Light QuickShip 35.04x4.38x1.3
15 2 37011M $337.93 $675.86
Genus, Guest, Mesh Back, Upholstered Seat - 1/carton
Frame
Arm
Caster/Glide
Mesh Back
Grade
Grade 6 Material
BLX
X9
W47
MPI
6
ETC6
Black Frame
No Arms - Standard
Nylon Glides
Pitch
Grade 6 Material
Graded-In, Grade 6 Material
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LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL
16 1 3607M $619.46 $619.46
Genus, Mid Back, Mesh Back & Upholstered Seat
Arm
Arm Pad
Control
Seat Slider
Lumbar
Base
Caster/Glide
Headrest
Mesh Back
Grade
Grade 6 Material
Assembly
CR13
PCB
BDB4
SS3
ALB5
TT
W48
X9
MPI
6
ETC6
KND
4D Pivoting Arms
Carbon
"D" Profile Body Balance
Seat Slider
Lumbar Support System
Standard Black Nylon Base
Black Hard Wheel Caster - Std
None - Standard
Pitch
Grade 6 Material
Graded-In, Grade 6 Material
Knocked Down
17 1 3152.WM05.PST1 $146.44 $146.44
Wire Basket w/ Power
Wire Basket Finish Option WMC01 Silver
Captain 125 Subtotal $6,357.43
Dayroom 118
18 3 XZ52031CDRRBLK $998.75 $2,996.25
XZipit Rocker Recliner
FINISH
POCUSTOM
LOGO
Black
30" Dillon Black XZipit Panel
Bozeman Fire Department
19 3 XZ52031CDRRBLK $998.75 $2,996.25
XZipit Rocker Recliner
FINISH
POCUSTOM
LOGO
Black
30" Dillon Black XZipit Panel
MSU Logo
20 1 FREIGHT $1,923.75 $1,923.75
DREAMSEAT FREIGHT
21 3 $62.50 $187.50
DREAMSEAT LICENSING FEE FOR MSU LOGO
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LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL
22 8 2723Y.LT.A153.B1 $581.12 $4,648.96
Amplify, Large and Tall Highback, Mesh Back, Enhanced Synchro Cntrl,
A153 Height/Width Adj Arms, Sport Edition
Frame Color Selection
Base Option Selection
Caster Selection
Seat Depth Adjustment Option Selection
Amplify Cylinder Height Options
Amplify Mesh Colors
Fabric or Leather Upholstery Selection
CA Technical Bulletin 133 Fire Std Option for Fabric Selection
Fabric Grade Selections
Fabric Grade 3 Selection
Canter EPU Color Selection
Contrast Stitching
Packaging Options
FC1
B7
C11
E3
S0
MC8
FABRIC
~
FG3
CANTER EPU
INK
~
KD
Black Frame
Heavy Duty Black Base
Heavy Duty Carpet Casters
Seat Depth Adjustment Upgrade
Standard Cylinder Height
Navy Mesh Color
Fabric Grade Selections
No Selection
Fabric Grade 3
Canter EPU Standard Color Selection
Canter EPU Ink
No Selection
Knocked Down
23 3 1123.BK1.MB.B.S2.AR0 $429.12 $1,287.36
Focus 2.0, Midback, Extended Stool Kit, Mesh Back w/ Adjustable
Lumbar, Swivel , Armless
Focus Mesh Colors
Y-Support Colors
Accent Color Selection
Frame Colors
Base Style Selection
Base Selection
Caster Selecton
Fabric or Leather Upholstery Selection
Fabric Grade Selections
Fabric Grade 3 Selection
Canter EPU Color Selection
Packaging Options
MC8
YCC01
LA15
FC1
BT1
BC1
CS6
FABRIC
FG3
CANTER EPU
INK
KD
Navy
Black
Navy
Black Frame
5-Star Base
Black Nylon Base
Hard Floor and Carpet Casters
Fabric Grade Selections
Fabric Grade 3
Canter EPU Standard Color Selection
Canter EPU Ink
Knocked Down
Dayroom 118 Subtotal $14,040.07
FF Work Area 127
24 5 3607M $639.68 $3,198.40
Genus, Mid Back, Mesh Back & Upholstered Seat
Arm
Arm Pad
Control
Seat Slider
Lumbar
Base
Caster/Glide
Headrest
Mesh Back
Grade
Grade 6 Material
Assembly
CR13
PCB
BDB4
SS3
ALB5
TT
W49
X9
MPI
6
ETC6
KND
4D Pivoting Arms
Carbon
"D" Profile Body Balance
Seat Slider
Lumbar Support System
Standard Black Nylon Base
Black Soft Wheel Caster
None - Standard
Pitch
Grade 6 Material
Graded-In, Grade 6 Material
Knocked Down
FF Work Area 127 Subtotal $3,198.40
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141
LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL
Lobby 101
25 1 83-18RD20H $987.00 $987.00
Rowen Tables, Round 18"W x18"D x 20"H
Top Finish
Top Finish
Base Finish
~VEN
SMOAK
GRPH
Veneer Top
Super Matte Oak
Graphite
26 2 97141 $1,202.26 $2,404.52
Ani Lounge / Low Leg / Arm 30.5 x 28 x 30.5-32
Shape
Arm Cap
Arm Cap
Tablet Location
Tablet Post Finish
Tablet Finish
Leg Style
Leg Finish, Metal
Pull
Power
Body Grade
Grade 6 Material
Arm Grade
Grade 3 Material
Fabric, Momentum Feltro
SQRE
~NC
X9
X9
X9
X9
H4N
GRPH
X9
X9
6
ETC6
3
MOFELTRO
3127495
Square
No Arm Cap
No Arm Cap
No Tablet
None
None
Metal Post Leg
Graphite
None
None
Grade 6 Material
Graded-In, Grade 6 Material
Grade 3 Material
Momentum Feltro
Dusk
Lobby 101 Subtotal $3,391.52
Office 139
27 2 Y91171.CM $208.38 $416.76
*Flo Sngle-Screen Monitor Arm Support,Surf Clamp
Finish 0I *silver
28 1 FV696.39 $29.76 $29.76
+Stiffener, 38 5/8W
29 1 Y5010.$33.12 $33.12
+Drw,Pencil 21W 16D
Surface Finish WN +warm grey neutral
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142
LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL
30 1 DW7A.30CE $500.94 $500.94
@Nevi Table Base Kit 2 Legs, C-Foot, Elec Std Range 30D
Switch Option
Base Finish
Glides
STS
8Q
57
+simple up/down touch switch
@folkstone grey
+glides
31 2 6-2812SP $119.78 $239.56
Staks, 12D 27.875H End Support Panel
Material
Finish, TFL
T
CO2
TFL
Linen (CO2)
32 1 6-MCT-66/30 $338.02 $338.02
Staks, 66"W x 30"D x 1"H, Rectangular Worksurface
Material
Top Finish
Top Finish, TFL Wood Grains
Edge
Edge Finish, TFL
Grommet
Grommet Finish
Power Cutout
T
~W/W
CO2
EY
CO2
G3
LK
A9F
TFL/HPL-PP Edge
TFL Wood Grain with 2mm PP Edge
Linen (CO2)
Square
Linen (CO2)
Center
Nickel
No Cutout
33 1 6-NW1622MPD1 $453.10 $453.10
Staks, Worksurface Height Box/Box/File Pedestal No Riser Support, Use
with 22"D Worksurfaces, 15.625"W x 21.875"D x 27.875"H
Material
Chassis Finish
Top Drawer Finish
Bottom Drawer Finish
Back
Lock
Pull
Pull Finish
T
CO2
CO2
CO2
LW
NL
Parallel
MSL
TFL
Linen (CO2)
Linen (CO2)
Linen (CO2)
Unfinished
No Lock
Parallel
Luster Grey
34 1 6-MCT-42/22 $161.55 $161.55
Staks, 42"W x 22"D x 1"H, Rectangular Worksurface
Material
Top Finish
Top Finish, TFL Wood Grains
Edge
Edge Finish, TFL
Grommet
Grommet Finish
Power Cutout
T
~W/W
CO2
EY
CO2
G1
G1
A9F
TFL/HPL-PP Edge
TFL Wood Grain with 2mm PP Edge
Linen (CO2)
Square
Linen (CO2)
No Grommet
No Grommet
No Cutout
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LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL
35 1 3607M $570.11 $570.11
Genus, Mid Back, Mesh Back & Upholstered Seat
Arm
Arm Pad
Control
Seat Slider
Lumbar
Base
Caster/Glide
Headrest
Mesh Back
Grade
Grade 6 Material
Assembly
X9
X9
BDB4
SS3
ALB5
TT
W49
X9
MPI
6
ETC6
KND
No Arms - Standard
None
"D" Profile Body Balance
Seat Slider
Lumbar Support System
Standard Black Nylon Base
Black Soft Wheel Caster
None - Standard
Pitch
Grade 6 Material
Graded-In, Grade 6 Material
Knocked Down
36 1 3152.WM05.PST1 $146.44 $146.44
Wire Basket w/ Power
Wire Basket Finish Option WMC01 Silver
Office 139 Subtotal $2,889.36
Sleep Rooms 105-110
37 6 HIAULDBM $213.84 $1,283.04
+Eames Hang-It-All,natural maple,dark blue maple
38 6 RMWFD363C $1,200.38 $7,202.28
Roomscape Freestanding Dresser,3 Drawer,Lam Front,Comb
6",9",10-1/2"
Lock Option
Finish Color
Laminate Color
/NL
/SX
/LKM
No lock (standard)
Starlight Silver Metallic
Kensington Maple
39 6 RMSBA $950.63 $5,703.78
Roomscape Single Bed Assembly,38 7/8"Wx86"Lx39 3/8"H
Finish Color
Laminate Color
/SX
/LKM
Starlight Silver Metallic
Kensington Maple
40 6 DN5111 $339.75 $2,038.50
Doni Task Cantilever Armchair,Poly,Solid Color
Poly Seat & Back Color
Poly Seat & Back Color NFR
Base Color
Caster Option
/NFR
/PND
/WG
/CHC
Compliance to TB 117-2013
Nordic
Warm Grey
Hard floor casters (black only)
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LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL
Sleep Rooms 105-110 Subtotal $16,227.60
Z-INSTALL
41 1 INSTALL $3,959.16 $3,959.16
INSTALLATION SERVICES
Z-INSTALL Subtotal $3,959.16
Subtotal $50,063.54
GRAND TOTAL $50,063.54
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Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5531 Modification of Special Improvement Lighting District 766
for Northwest Crossing Ph 1-2
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Commission Resolution No. 5531
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 (MCA) 7-12-4301 authorizes special improvement
districts to be created to pay for the cost of operating and maintaining
streetlights and to assess costs to benefitted property owners. (MCA) 7-12-
4351 authorizes the major modification of an existing special improvement
lighting district.
Bozeman Municipal Code Sec.38.270.030 subsection A line 4 requires that
prior to final plat approval, lighting must be installed or secured. Lighting
District 766 was created in November of 2021 to include only phase 1 of the
Northwest Crossing development. This modification expands the district to
include properties in phase 2 for which final plat approval is being
submitted.
The provisions in MCA 7-12-4302 through 7-12-4305 for the content of the
resolution, public notice, protest, and consideration of protest that apply to
the creation of a special improvement lighting district also apply to the
modification of an existing special improvement lighting district authorized
by this section.
UNRESOLVED ISSUES:None
146
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:
As a result of modifying this lighting district, the City will pay the associated
power bills and schedule system maintenance. Costs will be recovered by
billing property owners each year on their City Assessment bill. It is
estimated to cost $31.803501 per acre within the district or $1,035.84
annually for the entire district. On a median size lot of 3,927 square feet the
annual estimated cost would be $4.26 payable semiannually.
Attachments:
Resolution 5531-Modify SILD 766-Northwest Crossing Ph 1-
2.doc
Report compiled on: September 14, 2023
147
Page 1 of 4
RESOLUTION 5531
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 766
(NORTHWEST CROSSING PH 1) TO INCLUDE PHASE 2 TO THIS DISTRICT FOR
ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO
BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Passage of Resolution of Intention. This Commission, on October 24, 2023, adoptedResolution No
5530 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
modify a special lighting district, designated as Special Lighting District No. 766 (Northwest
Crossing Ph 1-2) of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12,
Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements
described generally therein (the “Improvements”) and payingcosts incidental thereto, including costs
associated with the Modification and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published,
posted and mailed in all respects in accordance with law, and this Commission did hear and pass
upon any written protests against. The meeting of this Commission at which this resolution was
adopted is the first regular meeting of the Commission following the expiration of the period ended
15 days after the first date of publication of the notice of passage of the Resolution of Intention (the
“Protest Period”).
148
Resolution 5531, Modification of SILD 766
Page 2 of 4
Section 3
Protests. Within the Protest Period, one protest was filed with the City Clerk.
Section 4
Modification of the District; Insufficiency of Protests. The District is hereby created on the terms
and conditions set forth in and otherwise in accordance with, the Resolution of Modification. The
findings and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5
Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and schedule
a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and
upon final passage of such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 766 Fund (the “Fund”). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
pay costs of the Improvements.
149
Resolution 5531, Modification of SILD 766
Page 3 of 4
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
this 21st day of November.
___________________________
Cynthia Andrus
ATTEST:Mayor
____________________________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
150
Resolution 5531, Modification of SILD 766
Page 4 of 4
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman,
Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No.
5531entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 766
(NORTHWEST CROSSING PH 1) TO INCLUDE PHASE 2 TO THIS DISTRICT FOR
ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO
BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.”5531 (the
“Resolution”), is on file in the original records of the City in my legal custody; that the Resolution
was duly adopted by the City Commission of the City at a meeting on November 21, 2023 and that
the meeting was duly held by the City Commission and was attended throughout by a quorum,
pursuant to call and notice of such meeting given as required by law; and that the Resolution has not
as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof:
_______________________________________________ ; voted against the same: ;
abstained from voting thereon: ; or were absent: .
WITNESS my hand officially this 21st day of November 2023.
___________________________________
Mike Maas
City Clerk
151
Memorandum
REPORT TO:City Commission
FROM:Cynthia L. Andrus, Mayor
SUBJECT:Proclaiming National Small Business Saturday
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Proclaim National Small Business Saturday
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:See Attached
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Attachments:
Small Business Saturday.docx
Report compiled on: November 2, 2023
152
Proclamation to Recognize Small Business Saturday
Whereas,the government of Bozeman, Montana, celebrates our local small businesses and the contributions
they make to our local economy and community,and
Whereas, according to the United States Small Business Administration, there are 33.2 million small
businesses in the United States, small businesses represent 99.7% of firms with paid employees, and small
businesses are responsible for 62.7% of net new jobs created since 1995, and
Whereas, 68 cents of every dollar spent at a small business in the United States stays in the local community,
and every dollar spent at small businesses creates an additional 48 cents in local business activity as a result of
employees and local businesses purchasing local goods and services; and
Whereas, small businesses employ 46.4% of the employees in the private sector in the United States; and
Whereas, consumers who shopped on Small Business Saturday recognize the positive social, economic,and
environmental impact they can make by shopping at small,independently-owned businesses and agree that
small businesses are essential to their community; and
Whereas, 72% of consumers reported that Small Business Saturday 2022 made them want to shop and dine at
small, independently-owned retailers and restaurants all year long; and
Whereas, the city of Bozeman supports our local businesses that create jobs, foster our local economy, and
preserve and enhance our community,and
Whereas, advocacy groups and public and private organizations across the country have endorsed the
Saturday after Thanksgiving as Small Business Saturday.
Now, Therefore, I, Cynthia Andrus, Mayor of Bozeman, Montana,do hereby proclaim, November 25, 2023, as
SMALL BUSINESS SATURDAY
And urge the residents of our community and communities across the country to support small businesses
and merchants on Small Business Saturday and throughout the year.
Signed and Proclaimed this 21st day of November 2023.
_________________________________
Cynthia L. Andrus
Mayor
Bozeman, Montana
153
Memorandum
REPORT TO:City Commission
FROM:Waldo
SUBJECT:Resolution 5553 Updating City Fire Permit and Plan Review Fees
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:I move to approve Resolution 5553 updating the fee schedule for fire
department permit and plan review fees with an effective date of Jan 1,
2024.
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 State of Montana has adopted the 2021 edition of the International Fire
Code via Administrative Rule 23.12.601 and the City of Bozeman has adopted
the 2021 edition of the International Fire Code, including sections 105
Permits and 107 Fees, via administrative order 2023-04.
The Fire Department offers multiple permits and corresponding plan review
services for new construction, renovations, and improvements that occur in
Bozeman. Fire fees were last updated in 2005, nearly twenty years ago. In
the intervening years, several conditions have changed that warrant the
updating of fees, including new processes, permits, and procedures
inflationary costs, and staff cost.
Resolution 5553 updates fire department permit and plan review fees to
reflect current cost and add permit types added since 2005. Some notable
changes to the fee schedule,
Inclusion of Short Term Rentals Inspection Fees
Inclusion of Food Truck Permits
Inclusion of new permits added with the adoption of the 2021
International Fire Code
Updating of inspection fees to reflect number of inspections required
per project
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
154
FISCAL EFFECTS:Resolution 5553 will increase fire department permit and plan review fees
paid by applicants. Revenue results will vary based on volume.
Attachments:
Fire Department Fee Schedule Jan 1, 2024.pdf
Resolution 5553.pdf
Report compiled on: November 7, 2023
155
FIRE DEPARTMENT BASIC FEE SCHEDULE
FIRE PROTECTION, FIRE & LIFE SAFETY
Effective: Jan 1, 2024
PLAN REVIEW SCHEDULES
*All plan reviews are completed for one set fee per project discipline.
*Additional new fees are subject to re-inspections or desired extra inspections at initial project submittal.
*Pursuant to MCA 7-6-617 the City may charge up to 3% convenience fee for credit card transactions.
Fire Sprinkler Systems NFPA 13 and 13R
NUMBER OF SPRINKLERS HEADS REVIEW FEE INSPECTIONS-minimum 3 per project
$75 each/max one hour/100 heads
Existing System modifications –
20 heads maximum
$150 $225
1 to 100 $615 $225
101 to 200 $795 $300 (4 inspections)
201 to 300 $930 $375 (5 inspections)
301 to 500 $1,245 $525 (7 inspections)
501 and above $1,245 plus $25 for every 50 additional heads Plus $75 for every 100 additional heads
Fire Sprinkler System Residential NFPA 13D
NUMBER OF SPRINKLERS REVIEW FEE INSPECTIONS-minimum 2 per project
$75 each/max one hour
Unlimited $0 $150
Fire Detection and Alarm Systems
SQUARE FOOTAGE REVIEW FEE INSPECTIONS-minimum 2 per project
$75 each/max one hour/25,000 sq ft
Existing System modifications –
7 device maximum
$150 $150
Up to 2,500 sq ft $525 $150
2,501 – 7,500 sq ft $615 $150
7,501 – 10,000 sq ft $930 $150
10,001 – 25,000 sq ft $1,245 $150
25,001 – 50,000 sq ft $1,425 $225 (3 inspections)
50,001 – 100,000 sq ft $1,605 $375 (5 inspections)
100,001 – 200,000 sq ft $1,795 $675 (9 inspections)
200,000 – 400,000 sq ft $2,145 $1,275 (17 inspections)
400,001 and above $2,145.00 plus $0.10 per sq ft Plus $75 for every additional 25,000 sq ft
Underground Fire Lines/Fire Standpipes/Fire Pumps
TYPE OF SYSTEM REVIEW FEE INSPECTIONS-minimum 3 per project
$75 each/max one hour
Underground Fire Lines $0 $225
Standpipe Systems $300 $225
Fire Pumps $300 $225
156
Type 1 Hood Suppression Systems
PER SYSTEM REVIEW FEE INSPECTIONS-minimum 1 per project
$75 each/max one hour
Single System $570 $75
Clean Agent or Dry Chemical Suppression Systems
PER SYSTEM REVIEW FEE INSPECTIONS-minimum 1 per project
$75 each/max one hour
Single System $390 $75
Smoke Control Management or CO Exhaust Systems
PER SYSTEM REVIEW FEE INSPECTIONS-minimum 3 per project
$75 each/max one hour
Single System $525 $225
I. Inspection Fees
INSPECTION TYPE FEE
Project Code Consultation/Research $75/Hour
Inspection/Re-Inspection $75/Hour
After Hours Inspection Surcharge (Before 8am or after 5pm) $75/Hour
Cancelled Inspection (After 8am the day of) $225/Scheduled Hour
Not Ready for Inspection $225/Instance
Special Event Inspector Standby/Fire Watch $75/Hour
II. Standard Permit Fees
TYPE OF PERMIT REVIEW FEE INSPECTIONS-minimum 1 per project
$75 each/max one hour
Amusement Building $150 $75
Carnivals / Fairs / Exhibits/ Trade Shows $150 $75
Combustible Dust-Producing Operations $150 $75
Covered and Open Mall Buildings $150 $75
Cryogenic Fluids $150 $75
Dry Cleaning Operations $150 $75
Explosives / Fireworks $150 $75
Flammable Finishes $150 $75
Hazardous Materials $150 $75
High Piled Storage $150 $75
Hot Work / Welding Operations $150 $75
Lumber Yards $150 $75
Mobile Food Vending $150 $75
Motor Fuel Dispensing $150 $75
Outdoor Assembly Event (>1000 persons) $150 $75
Repair Garages $150 $75
Safety Code Annual $0 $75
Short Term Rental $150 $75
Special Inspections (DOR Alcohol) $150 $75
157
Tents / Membrane Structures $150 $75
III. False Alarm
Emergency Response FEE
False Alarm $150 per instance in excess of 2 per calendar year
158
Version February 2023
RESOLUTION 5553
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
UPDATING FIRE PERMITS AND PLAN REVIEW FEES
WHEREAS, the City of Bozeman has adopted the 2021 edition of the International Fire
Code, including sections 105 Permits and 107 Fees, via Administrative Order 2023-04;
WHEREAS, the fees and charges to process fire permits, conduct plan review, and provide
all associated and related services should be reviewed periodically; and
WHEREAS, it has been found and determined that such fee(s) shall be as per the attached
tables and schedules.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
Section 1
Fire permit and plan review fees are updated as detailed in the Fire Department Fee
Schedule
Section 2
The fee updates go into effect January 1, 2024
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 21st day of November, 2023.
___________________________________
CYNTHIA L. ANDRUS
Mayor
159
Version February 2023
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
160
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Specialist
Kira Peters, Assistant City Manager
SUBJECT:Resolution 5555 Adoption of Model Homeowner Association (HOA)
Covenants
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Having reviewed and considered the draft model homeowner’s association
(HOA) covenants, public comment, and information presented, I move to
approve resolution #5555 accepting the proposed model homeowner’s
association (HOA) covenants.
STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas
(GHG) emissions, increase the supply of clean and renewable energy; foster
related businesses.
BACKGROUND:
Resolution 5368 adopts Model HOA Covenants as a City Commission priority
for 2022 to 2023. Model HOA Covenants call for the establishment of model
Homeowners' Association Covenants that encourage water conservation,
neighborhood and community connectivity, accessory dwelling units,
childcare, drought-tolerant landscaping, composting, local food, recycling,
energy efficiency, and renewable energy.
A homeowner’s association (HOA) is an organization in a subdivision,
planned community, or condominium building that makes and enforces rules
for the properties and residents. Those who purchase property within an
HOA’s jurisdiction automatically become members. In some cases, an HOA
can be more restrictive than the zoning and codes of the city or county
where the HOA is located. An HOA’s governing documents are usually in the
form of covenants, which set out the rules of the HOA community. They
describe the requirements and limitations of what a homeowner can do
with the property. The goal of the covenants is to protect, preserve, and
enhance property values in the community. Covenants may regulate things
161
such as basketball hoops, clotheslines, fences, antennas, irrigation, garbage
cans, and rooftop solar.
Subdivisions are not required to have HOAs and covenants. The City of
Bozeman does not enforce covenants and cannot require any provisions
within covenants. The development of model HOA covenants will provide an
opportunity for HOAs to adopt language that is consistent with the City's
adopted plans that advance sustainability, water conservation, safety, and
diversity, equity, and inclusion.
On June 8, 2022, the City of Bozeman Sustainability Advisory Board held a
Work Session on the sustainability topics initially identified by staff to be
addressed within the HOA model covenants. The Board provided discussion
and suggestions that staff incorporated into problem and solution
statements for a City Commission Work Session held on November 15, 2022.
The City Commission directed staff to expand the topics addressed within
the model covenants, especially those related to renewable energy, energy
efficiency, and urban agriculture.
The proposed issues to be addressed within the draft model HOA covenants
now include the following:
1. Water Conservation
2. Childcare
3. Neighborhood & Community Connectivity
4. Sustainability
5. Accessory Dwelling Units (ADU’s)
6. Solid Waste
An interdepartmental team from several City departments worked to
develop model HOA covenant language per category. The focus was to keep
the model language straight forward and easy to understand.
Engagement and Community Input
The HOA/POA Covenants Project work has been featured on the City’s
Engage Bozeman web page, which included a public survey.
The HOA/POA Covenants Project work and opportunity for public
input was promoted via social media.
162
Public was invited to give input at a two, in person public input
sessions on Thursday, 10/5/23 and on Thursday 10/26/23. The results
of the input session are provided.
City Staff presented the "in draft" covenants and overall
theme/reasons behind the model covenant work to both the
Sustainability Board (November 8, 2023) and the Inter Neighborhood
Council/INC Board (November 9, 2023). Both boards were supportive
of the draft covenants and associated language.
The outcome of this effort is draft language that can be accessed and
included in new or existing covenants. The language is informed by public
input, guided by community goals, and supported by the City Commission.
HOA covenants are formal agreements between private parties, and as such,
the City does not enforce covenants between private parties, nor will the
City mandate HOAs (Homeowner Associations) and POAs (Property Owner
Associations) adopt the model language. The City of Bozeman will not be
involved in governance of HOA/POA covenants.
The draft language is intended to serve as policy language. Should an HOA
Board wish to adopt any of these model covenants, the HOA Board is
welcome to modify the language as they see fit, while still serving the
purpose of the policy.
Attached: Model Covenants, Model Covenants Public Focus Group Notes,
Model Covenants Survey Response Synopsis and Engage Bozeman survey
results
UNRESOLVED ISSUES:None.
ALTERNATIVES:As determined by City Commission.
FISCAL EFFECTS:None.
Attachments:
City of Bozeman Model Covenants Final.pdf
10-26-23 Model HOA Covenant Focus Group Notes.pdf
Model Covenants Engage Bozeman Survey Synopsis.pdf
Engage Bozeman Survey Results - Model Covenants.pdf
Resolution 5555 HOA Model Covenants.pdf
Report compiled on: November 14, 2023
163
Model Homeowner Association (HOA)/Property Owner (POA) Covenants | Suggested Language
Developed in November 2023
Purpose:
One of the identified priorities of the City of Bozeman is to establish model homeowners’ association
(HOAs*) covenants that promote policies focused on improving the lives of its citizens. These policies
include water conservation, neighborhood and community connectivity, use of accessory dwelling units,
availability of affordable childcare, installation of drought tolerant landscaping, composting, local food
systems, recycling, and energy efficiency.
The outcome of this effort is draft language that can be accessed and included in new or existing
covenants. The language is informed by public input, guided by community goals, and supported by the
City Commission.
HOA covenants are formal agreements between private parties, and as such, the City does not enforce
covenants between private parties, nor will the City mandate HOAs (Homeowners Associations) and
POAs* (Property Owners Associations) adopt the model language. The City of Bozeman will not be
involved in governance of HOA/POA covenants.
The draft language is intended to serve as policy language. Should an HOA/POA Board wish to adopt any
of these model covenants, the HOA/POA Board is welcome to modify the language as they see fit, while
still serving the purpose of the policy.
*Definitions for select terms included at the ending of the document.
Water Conservation Model Covenants
1. Turfgrass: The installation of high water use turfgrass is not required and should be limited
to areas used for active and passive recreation, sometimes referred to as functional turf grass*.
The installation of high water use turfgrass is discouraged in all boulevard strips.
2. Rain Gardens: Rain gardens*are permitted and encouraged within the landscape.
3. Drought Tolerant Plants: The installation of drought tolerant plants, including perennials,
shrubs, and drought tolerant seed mixes, are permitted in all areas of the yard including the
front yard, back yard, and boulevard strip. Drought tolerant plants refer to plants that thrive in
Bozeman’s semi-arid environment and are listed as having a plant factor of 0.3 or less on the
City of Bozeman Plant List.
4. Landscape Maintenance: Landscape maintenance requirements and aesthetic standards
that require the use of supplemental irrigation to be met do not apply during a City of Bozeman
drought declaration. Residents are encouraged to adhere to City of Bozeman outdoor watering
restrictions, especially those associated with a drought declaration.
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Model Homeowner Association (HOA)/Property Owner (POA) Covenants | Suggested Language
Developed in November 2023
5. Landscaping: Landscaping plans must be submitted to the HOA/POA Board for their
approval. As part of the landscape plan, the requirement for boulevard trees and water-smart
landscaping shall be as required by the City of Bozeman. Landscape plans that prioritize water
conservation are encouraged. Compliance with Bozeman Municipal Code: All landscape and
irrigation must comply with the City of Bozeman’s Unified Development Code, and the Utilities
Code.
Childcare Model Covenants
Licensed Childcare: A licensed family day-care home as defined in Montana Code Annotated 52-
2-703 (6) and/or a group day-care home as defined in Montana Code Annotated 52-2-703 (7) is
permitted on all lots.
Neighborhood & Community Connectivity Model Covenants
1. Sidewalks: All lots must have sidewalks built within one year of ownership.
2. Trash Receptacles: Trash receptacles are not permitted to be put in marked bike lanes. If
trash receptacles must be placed in bike lanes, they may only be on-street during designated
hours.
3. Snow Plowing on Neighborhood Sidewalks: All residents must comply with snow removal
standards in accordance with Bozeman Municipal Code; if unable to comply, the HOA/POA
reserves the right to contract for snow plowing.
Sustainability Covenants
1. Energy Efficiency: Home energy improvements such as installing solar energy systems,
geothermal energy systems, and energy efficient technology such as heat pumps are permitted.
2. Solar Energy Systems: Solar panels are permitted on all roof structures, consistent with City
of Bozeman and building codes. Solar collectors shall be integrated into the overall roof design
and shall be placed flush with the slope of the roof or wall of the building. Solar panels are
permitted on all sides of the roof and may be visible from the public view.
4. Outdoor Heat Pumps: Outdoor heat pump units are permitted on any side of a building if
consistent with City of Bozeman building codes. Outdoor units should not obstruct parking or
walkway access. When feasible, place any mechanical outdoor unit away from windows and
doors of neighboring homes.
5. Clotheslines: The installation and use of clotheslines is permitted on all lots for the purpose
of drying clothes and linens. When feasible, clotheslines must be positioned in a manner that
minimizes visibility from neighboring properties and the street.
165
Model Homeowner Association (HOA)/Property Owner (POA) Covenants | Suggested Language
Developed in November 2023
6. Sustainable Building Materials: Building materials used in alterations shall be of similar or
higher quality as the original improvements. The sustainability and durability of materials shall
be considered during the material selection process and, where applicable, should be
represented in the proposal to the Architectural Review Committee. Sustainable materials refer
to building materials that are produced, sourced, and/or used in a manner that minimizes their
negative impact on the environment. Attributes of sustainable materials may be characterized
by:
• Low Embodied Carbon: Materials are manufactured, sourced, and transported in ways
that minimize energy consumption, water usage, waste generation, and greenhouse gas
emissions, thus reducing their overall carbon footprint from production to installation.
• Locally Sourced: Materials that are locally produced reduce carbon emissions associated
with long-distance transportation.
• Energy-Efficient: Materials that can improve the energy efficiency of buildings.
• Durable: Higher performance materials that can withstand environmental stresses,
reducing the need for frequent replacements and lowering life-cycle environmental
impact.
• Responsibly Sourced: Materials that are harvested, extracted, and/or produced using
practices that promote positive environmental, social, and economic benefits.
7. Dark-Sky Compliant Lighting: All exterior lighting fixtures must be LED and achieve Dark-sky
compliance by meeting the requirements and standards set forth by the International Dark-Sky
Association (IDA) and City of Bozeman lighting standards. Exterior lighting fixtures should not
intrude on the use or enjoyment of adjacent properties.
8. Urban Chickens: Keeping of chickens is permitted on all lots provided they comply with
regulations enacted by the City of Bozeman.
9. Gardens: Food gardens are permitted in all yard areas, included front yards, if gardens do not
impede or encroach upon the public right of way or obstruct parking or walkway access.
10. Greenhouses and Garden Sheds: Greenhouses and garden sheds are permitted on all lots
provided they comply with zoning and appurtenant regulations enacted by the City of
Bozeman.
11. Farm Stand: Farm stands are accessory tables, areas, structures, or kiosks for the sale of
crops, products, and/or nonfood items such as ornamental crops (i.e., flowers) are permitted
on all lots if they comply with regulations enacted by the City of Bozeman
Accessory Dwelling Units
1. Accessory buildings: *Accessory dwelling units (ADUs) are permitted on all lots, provided
they comply with zoning and appurtenant regulations enacted by the City of Bozeman. Nothing
166
Model Homeowner Association (HOA)/Property Owner (POA) Covenants | Suggested Language
Developed in November 2023
in these covenants may be interpreted to prevent a property owner from establishing or
maintaining an ADU as defined by the City and as outlined by City zoning regulations.
2. Minimum Lot Requirements: All lots may be of any size that meets minimum City of
Bozeman municipal code requirements. Lots may contain more than one dwelling provided all
dwellings comply with zoning, building, and any appurtenant City codes and regulations.
Solid Waste Model Covenants
1. Refuse Containers: Garbage, recycling, and compost containers may be stored inside the
garage, or an outdoor space located to the side or rear of the home.
Outdoor storage should be enclosed by materials matching the fencing and siding requirements
of the HOA. Outdoor storage of containers for homes located in the north and south Bear Zones
should utilize bear-resistant container technology.
2. Refuse Incineration: Incinerators or trash disposal by means of burning is not permitted.
3. Refuse Accumulation: Accumulation of trash and debris may be disposed of by the HOA in
situations where the homeowner in unresponsive at the homeowner’s expense.
4. Recycling and Composting: Appropriate recycling and composting as outlined by the City of
Bozeman’s Solid Waste Division is encouraged.
*General Definitions/Descriptions:
ADU Accessory Dwelling Unit- An accessory dwelling unit (ADU) is a legal and regulatory term
for a secondary house or apartment that shares the building lot of a larger, primary home. The
unit cannot be bought or sold separately, but they are often used to provide additional income
through rent or to house a family member.
HOA/Homeowners Association- A homeowner association (HOA) is an organization in a
subdivision, planned community, or condominium building that makes and enforces rules for
the properties and residents. Those who purchase property within an HOA's jurisdiction
automatically become members and are required to pay dues, which are known as HOA fees.
POA/Property Owners Association-A property owners association (POA) is like an HOA, and
often the terms are used interchangeably. There are differences. One main difference is that a
HOA works with a community of the same type of properties, a POA is usually a mix of property
types, including single family residences and businesses.
Rain Garden- Areas within the landscape that passively collect rainwater that runs off
impervious surfaces such as roofs and driveways. A rain garden does not include the capture
167
Model Homeowner Association (HOA)/Property Owner (POA) Covenants | Suggested Language
Developed in November 2023
and storage of water in reservoirs such as rain barrels. More information on stormwater
management can be on the City of Bozeman’s website.
Functional Turf Grass- Irrigated grass area that provides a recreational benefit to the
community.
168
Model HOA Covenants – Focus Group 10/26/23
I. Introductions & Why Are you Interested.
a. Representation from multiple HOAs, one lawyer, and one developer
b. Interests ranged from solar, landscaping changes, governance, and
generally keeping-up with the City.
II. Kira presented material from Commission.
III. Definitions requested:
a. HOA
b. POA
c. Functional Turf Grass
IV. Connectivity feedback:
a. Bike lanes going away is a concern.
b. Many private streets do not have sidewalks – it would be very
expensive to put them in.
c. Could this project address traffic calming?
-How can HOAs connect with City staff on issues like this?
d. The City does not always keep trails clear, seems like they should
before asking others to do the same.
e. Costs is key for HOAs when it comes to maintenance of park space
and trails.
V. Child Care
a. Some HOAs prohibit any business – does this apply to a child care?
b. Writing in sideboards on a child care makes it more palatable
-cap the # of kids
169
2
-define child care better
b. Concerns with allowing a child care
-Noise
-Traffic (twice a day)
VI. Solid Waste
a. None of the participants’ HOAs prohibit recycling or composting in
any way.
b. What does the City do in this space?
-What composting/recycling programs does the City offer?
-What is the City policy on removing large debris
-What is the City policy on bear-proof bins?
c. Yard waste pick up and street cleaning happen at the wrong times of
year for your average person.
d. Participants would like to see more services around solid waste
more often – examples: drop off for large debris, pick ups for large
debris, drop offs for yard waste. All like the e-recycling program.
VII. Sustainability
a. Participants felt positively about the City providing model covenants
around sustainability
b. Need to consider some factors around urban chickens – they attract
skunks and can be disruptive if owners aren’t talking care of them.
-Would like some guidance on how people can keep chickens
without impacting the neighbors.
c. Anti-clothesline covenants may be trying to keep things out of the
way for maintenance, like mowing.
d. Participants would like to encourage dark skies compliance.
VII. Water Conservation
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3
a. If an HOA removes turf grass in the boulevard, can the HOA get the
reimbursement.
- The most prohibitive part of removing turf grass is the cost.
-It would be helpful for the City to promote the rebaits more.
-Would like more information on turf grass alternatives that look
like turf grass.
-Landscaping company informed HOA that it would be harder
(more expensive) to maintain zero-scaping than turf grass.
-Maybe that cost is offset in water saving?
b. Instead of encouraging a ban, should consider size and scale more
heavily.
c. This is an opportunity for the City to lead by example and provide
more education.
VIII. Community Development
a. Would recommend STR language – if necessary with the City’s
recent work on an STR Ordinance.
b. Design Standards are necessary sideboards.
- small things like the width of siding make a difference and a
spec builder may build the quickest/easiest thing without
considering what people want/like.
-Urban design
c. There is friction in high density neighborhoods with narrow streets,
especially in the winter.
d. All participants were very interested in governance and had a few
recommendations.
-is there any carrot and stick approach the city could take to
incentivize HOAs to make it easier to amend covenants.
-Encourage automatic consent instead of explicit permission.
171
4
-When looking at a package of development docs, the
design regs should not be filed so an HOA can change
them more easily.
-Some HOAs will allow for a variance as an easy way to do
something not allowed in covenants.
IX. Misc.
a. Most people who write covenants copy/paste them over and over
so it is a good idea to get some more forward thinking covenants in
their hands.
b. The City should audit some existing covenants.
c. Request for staff to upload the draft covenant language to Engage
Bozeman when ready.
172
Model Homeowner Association (HOA)/Property Owner (POA) Covenants
Engage Bozeman Survey Synopsis
Survey October 2023
Model Covenants |Synopsis of Public Survey Responses
Background Information:
On November 15, 2022, the City Commission held a work session on model POA (Property Owner
Association)/HOA (Homeowner Association) covenants. Staff from multiple departments submitted
recommendations based on their expertise. Recommendations were provided and organized via
problem and solution statements with City goals as guiding themes. You can watch the entire meeting
here. The City Commission asked staff to move forward and begin drafting model covenant language.
During the drafting process City Staff ran multiple engagement efforts, including an online survey. The
survey was hosted on Engage Bozeman. The presentation and all related materials from the November
15, 2022, City Commission work session were alongside the survey. Participants were encouraged to
review the presentation and packet material before taking the survey. The video recording of the City
Commission work session was also available for participants to review. Participants were asked the
following three questions:
1. We identified connectivity, child care, sold waste, sustainability, water conservation, and
community development as key topics to address. Did we miss any key topics in what we have
developed so far?
2. Are there any additional HOA / POA covenants or topics that conflict with City goals like “safe
and welcoming community, sustainable environment, well-planned city?
3. What would you be most likely to try to change in your HOA/POA covenants?
The survey was open online from September 6, 2023-November 1, 2023. There were 35 responses to
the survey and 100 downloads of the work session presentation materials. All responses are attached.
Summary of question one: Did we miss any key topics in what we have developed so far?
Survey responses to this question varied. Safety, parking, traffic, and noise abatement, short-term
rentals, and wildlife corridors came up as new areas in which staff missed.
Sustainability, water conservation, dark skies compliance, sidewalk maintenance, trail maintenance was
reiterated as important to respondents.
Finally, some respondents included specific feedback on how to make the key topics more palatable for
their neighborhood.
Summary of question two: Are there any additional covenants that conflict with city goals?
While the survey was open, the City Commission passed ordinance related to camping in the right-of-
way as well as short-term rentals. Staff felt that both topics were out of the scope of the HOA/POA
project as the Commission addressed those issues separately.
Weed spraying was raised as an issue that might conflict with City goals.
Summary of question two: Are there any additional covenants that conflict with city goals?
173
Model Homeowner Association (HOA)/Property Owner (POA) Covenants
Engage Bozeman Survey Synopsis
Survey October 2023
Overwhelming, respondents were most likely to change covenants around landscaping and
sustainability.
Many respondents also noted they would like to change the management of their covenants,
particularly around enforcement.
174
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Saturday, October 21, 2023 4:22:12 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Effective and responsible management companies
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Not that I see
What would you be most likely to try to change in your HOA/POA covenants?
Sustainability
175
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Friday, October 20, 2023 7:36:29 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Noise abatement, artificial light.
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Realize that water is limited and the city's ability to provide decent water pressure is impactedby the city's continued allowing of huge developments.
What would you be most likely to try to change in your HOA/POA covenants?
Lack of enforcement.
176
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Thursday, October 19, 2023 7:28:28 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
What would you be most likely to try to change in your HOA/POA covenants?
Covenants 1-Do not discontinue covenants that preclude urban campers. Most of us do notwant them on streets in our neighborhoods. 2-Snow plowing in Baxter Meadows 1 has become
awful with the use of a Bobcat. The axle width is too wide for the sidewalk width and plowingwhen the soil surface is not frozen has caused great damage to sprinkler systems on public and
private property. 3-I’m good with HOA language prohibiting businesses in neighborhoods,except for home office types that do not have on-site customers or clients. This excludes
daycares. I do not want the noise. 4-as for water conservation, why hasn’t the City ofBozeman purchased water rights? I’m very good with allowing xeriscaping but neglected
landscaping decreases neighboring values. 5-Trees need water, particularly in boulevards andyards out in the flats, further from the mountains. Lack of proper watering, especially during
late summer and early fall, is a primary reason for high mortality of trees. If Bozeman wantstrees, and that’s what voters approved two years ago, then we ought to be watering them and
not having lawn-mower blight. 6-ADUs are fine but allowing 4-6 individuals in one ADUwith each person parking a 3/4 ton truck on the street is ridiculous. Many streets in Bozeman
are too narrow now for two-way traffic, summer and winter. Many drivers, especially those inbig pickups, are very rude and not courteous to others.
177
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Thursday, October 19, 2023 11:26:45 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Landscaping: Prioritize / insentivize food producing gardens, trees and shrubs over lawns.Outdoor Lighting: Work toward being a Dark Sky city. https://darksky.org/
What would you be most likely to try to change in your HOA/POA covenants?
The focus on lawns and grass everywhere.
178
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Tuesday, October 17, 2023 4:22:41 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Protecting MOST homeowners largest investment--their home!
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
On-street parking invites vandalism and snow plows can't get down many streets. Urbancamping should never be allowed.
What would you be most likely to try to change in your HOA/POA covenants?
Nothing. If anything, stricter adherence to covenants should be required.
179
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Tuesday, October 17, 2023 9:40:20 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Parking of vehicles and trailers.
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Parking of vehicles and trailers.
What would you be most likely to try to change in your HOA/POA covenants?
A better explanation of the powers of the HOA board and the HOA membership.
180
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Tuesday, October 17, 2023 5:56:46 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Urban campers should not be allowed within City limits, near neighborhoods or businesses.
What would you be most likely to try to change in your HOA/POA covenants?
Allowing chickens
181
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Sunday, October 15, 2023 8:07:15 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Child care in communities should be limited to a certain number of children and should havestandards the same as schools or daycare Homeless people or any type of encampments need
to leave if they aren’t going to pay taxes or help make Bozeman a better community. Makethem donate time to parks, help with things in the community if they can’t help make this a
better place to live then they need to leave We do not need drugs , etc scaring people awayfrom Bozeman. We want this a community where you feel safe not scared when you walk or
drive around the community. We also need to address traffic lights or speed bumps somethingto slow people down on the new streets that are being developed on the west side of town.
Laurel Parkway is becoming a racetrack!
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Graffiti on buildings around town does not feel like a welcoming environment Homelessencampments by Ace hardware and Walmart and Bozeman beach don’t make it feel like a safe
and welcoming community
What would you be most likely to try to change in your HOA/POA covenants?
Wood fences that are not maintained, why not allow modern fencing not just hog fence, rebar
and wood fences that look old and falling apart. Properties that are being sold or just emptylots should be maintained and not mowed once a yearWhat is the sense of having an HOA if
no one enforces the rules
182
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Sunday, October 15, 2023 8:04:16 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Define "Functional" turf grass. I doubt that many HOA officers know the meaning of thatterm. My street was designed to be an alley but was assigned a street name, How would the
provision for sidewalks be addressed in streets like mine where no sidewalk exists and thestreet is too narrow to accommodate the addition of a sidewalk?
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
no
What would you be most likely to try to change in your HOA/POA covenants?
Use the city water conservation turf removal rebate program indicating that 75% of vegetatedcoverage throughout the entire landscape must be maintained. My HOA currently is not
allowing that percentage of vegetative coverage that does not included a certain percentage ofturf, especially in an HOA determine "front lawn" area.
183
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Sunday, October 15, 2023 7:04:56 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Bike lane access and city pathways
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Requiring grass, irrigation and making it challenging to switch to xeriscape
What would you be most likely to try to change in your HOA/POA covenants?
I would like to make landscape changes easier including allowing xeriscape I would like to
also allow 1 trailer parked at each house.
184
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Sunday, October 15, 2023 12:54:04 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Safety, less traffic, abiding by the HOA/COA rules, private wells for irrigation, less noise,surrounding development designs and UDC codes that favor existing COA developments.
Most associations do not have anyone to enforce rules, as this costs more money, andhomeowners don't want to approach neighbors about non-compliance. We have a contracted
management company, to which we can report non-compliance, but unknown costs for doinga thorough job. Tough also for landlords to monitor their properties for compliance, especially
if out of town, but they may have management companies that help.
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Ours were just updated and comply with city, county and state law after approval by ourattorney. Please look at them for guidance. Send me an email and I'll send you our CT Condos
covenants and rules psimmons100@gmail.com. We are limiting total rentals to 15% andalready ahead of that. Existing members before vote were grandfathered in. I'm in charge of
making sure new buyers know the rental restrictions and I notify our management company asneeded.
What would you be most likely to try to change in your HOA/POA covenants?
Ours were voted in by the members and recorded July 17/2023.
185
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Saturday, October 14, 2023 3:36:44 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Urban campers..making my neighborhood an absolute disgrace. If worrying about water,human waste in an area that once was a “wetland area” does not reassure me that your
concerns are are addressing issues
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
My neighborhood is becoming unlivable. Do you think a 77 yr old that carries pepper spray towalk her dog is safe and welcoming?
186
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Saturday, October 14, 2023 5:45:23 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
What would you be most likely to try to change in your HOA/POA covenants?
Landscape requirements for turf grass.
187
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Thursday, October 12, 2023 3:53:08 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Lack of Parking with many new residential buildings
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Homeless bringing in trash, human waste and increasing crime
What would you be most likely to try to change in your HOA/POA covenants?
I appreciate building requirements and restrictions. Parking is already a large problem in the
majority of neighborhoods around Bozeman. The more multiple family units approved by thecity in hope for "affordable housing " are not "affordable" by many standards and there is
never enough Parking per unit with multiple rooms. Parking is a large problem in part to thesnow in winter and the need of the majority of residents to have their own vehicle. When snow
is.piled in the few Parking spaces during the winter months it is an even larger problem on citystreets as well.as in private parking lots for business and condominium complexes.
188
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Thursday, October 12, 2023 10:55:03 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
What would you be most likely to try to change in your HOA/POA covenants?
The city took over maintenance of the park between Glenwood and Rosa two years ago, yetthe HOA management company refuses to deduct that maintenance from our dues, among
other issues. Homeowners in my COA would like to know if the city provides any oversight orregulations of the companies that manage the HOAs? And/or, what options homeowners have
for dealing with unscrupulous management companies. I know it's an issue for many in thearea. Not exactly the topic here, but am hoping it can be answered/addressed in some way.
189
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Thursday, October 12, 2023 10:32:38 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Infrastructure to handle all that is going on with community development.
What would you be most likely to try to change in your HOA/POA covenants?
Right now I am having to pay dues for two HOA's and what they cover overlaps so it does not
make sense. There should only be one HOA for a unit. Also, a place where complaints can behandled against a management company when they are not doing their due diligence, after
other avenues have been pursued.
190
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Thursday, October 12, 2023 10:22:08 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
What would you be most likely to try to change in your HOA/POA covenants?
Stay away from STR! They are much nicer than long term rentals. They help homeownerswith needed income
191
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Wednesday, October 11, 2023 9:42:54 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
HOAs should have no business with childcare.
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Don’t regulate how i want to landscape. Some of the landscape requirements are actually notsafe (planting trees over utility lines). It’s also not welcoming to regulate what kind of cars i
can park in my driveway. If i want a junker car to work on with my kids, let me.
What would you be most likely to try to change in your HOA/POA covenants?
Let me keep my trash can outside. Don’t patrol my house and tell me I didn’t shovel my
sidewalk. Don’t fine me for weeds on my lot (before building) when I was out there with mylittle kids push mowing the lot biweekly while also working full time. Leave property owners
alone. Don't regulate my number of chickens, my style/height of fence, my sidewalkshoveling, my home construction…the city already has laws.
192
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Wednesday, October 11, 2023 8:55:03 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Half of these topics are none of your business.
What would you be most likely to try to change in your HOA/POA covenants?
No camping allowed on streets!!!!!!
193
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Wednesday, October 11, 2023 7:19:24 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Under water conservation, expressly encouraging water wise and native plantings instead ofthirsty grass.
What would you be most likely to try to change in your HOA/POA covenants?
Move from what you can’t do, toward encouraging desired outcomes.
194
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Wednesday, October 11, 2023 5:36:51 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
You've overstepped your authority -- neighborhoods should have the right to enact morerestrictive covenants governing their neighborhoods IF THEY CHOOSE. City government has
no right to change neighborhood rules after the fact.
195
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Wednesday, October 11, 2023 1:04:38 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
What would you be most likely to try to change in your HOA/POA covenants?
I would love to have a vote via mail.
196
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Wednesday, October 11, 2023 11:49:05 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
These recommendations are too general. Our HOA allows in home daycare that is provided bythe person living in that home as a secondary use of the home. Adding employees to in home
daycares adds to the number of children allowed in that home and subsequently the number ofcars coming in and out of that home twice a day. 15 kids in a daycare is 30 additional car trips
in a neighborhood. Our HOA serves 33 homes. That extra amount of traffic is equivalent todoubling the number of homes on our street.
What would you be most likely to try to change in your HOA/POA covenants?
Nothing. Take a look at a street like Annie next to Emily Dickinson school which has noHOA. Junk cars, trailers, weeds etc. rules in an HOA are what keeps Bozeman welcoming,
safe and livable.
197
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Tuesday, October 10, 2023 8:49:36 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Why is the city involved in this?
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
I don't understand why the city is putting tax dollar money into doing a group think project onprivate organizations like HOAs
198
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Monday, October 9, 2023 8:36:58 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Hopefully community development means allowing neighborhoods set height limitation intheir neighborhood and limit or have not Air B&B's or the like
What would you be most likely to try to change in your HOA/POA covenants?
allowing functional travel trailers, RV's, recreational items to be parked in your own drivewaybut they cannot block the sidewalks. These recreational items would not be lived in while in
the driveway.
199
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Monday, October 9, 2023 12:51:42 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Wildlife and green space (NOT only park space) for wildlife corridors and for migratory birdspecies that move through this area. Green space that is NOT developed into park space but
offers protection/refuge for these species should be considered in any HOA / green spaceplans.
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
I live in Harvest Creek with covenants that dictate that dandelions be sprayed and that we keep
lawns green and yet charge for a review of yard plans and hiring a landscape architect to makechanges to lawns or in order to move towards Xeriscaping. It seems only logical to have city
wide mandates such as water use and such as promoting xeriscaping to further conserve waterSUPERSCEDE any HOA covenants that can't seem to evolve with water demands. Promoting
LESS LAWNS in park areas as well and instead supporting natural grasses and less developedgreen spaces is one such idea that saves water, protects wildlife and birds and costs the city
and HOA's less to manage.
What would you be most likely to try to change in your HOA/POA covenants?
See above in #2.
200
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Saturday, October 7, 2023 6:00:50 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Solar generation protection.
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Effective animal control. Dogs, cats, NOT wildlife.
201
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Saturday, October 7, 2023 8:16:48 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Trail, forestry, and wetland maintenance on HOA common area trail easements that the cityholds.
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Short term rentals are probably addressed in the model proposal but should be discussed if not.
What would you be most likely to try to change in your HOA/POA covenants?
Clear language for “well maintained” xeriscape, parking limits, and effective enforcementpolicies.
202
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Friday, October 6, 2023 8:24:34 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Animal control- making people more responsible for their dogs, in particular
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
No
What would you be most likely to try to change in your HOA/POA covenants?
Allowing childcare, reducing water usage
203
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Friday, October 6, 2023 7:54:29 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Require new residential single family to have driveways for two cars. Multi family residentialbuildings have 2 parking spots per bedroom. Require commercial buildings to have parking
lots with enough spaces for the employees and clients. Residential streets are not wide enoughto be used for overflow parking. Snow removal requires cars not park during the day but it is
not enforced. Residents deserve to preserve their property value and peace not constant traffic.Do not allow RV's including trailers, motorhomes and vans to park in the community.
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Urban camping does not belong in residential neighborhoods or parks. It is not safe for
children and elderly to walk. There is sanitary issues, drug use, fire safety and congestion. Forsome reason the city thinks because they are camping they can sprawl and not clean up their
messes. This would not be allowed in a campground why on city streets? What is a $25 finegoing to do to stop this behavior -nothing! The city of Bozeman's attitude is float another bond
and let's have more help for the homeless. Do you know some people choose this lifestyle?Have you heard the phrase :if you provide it they will come??? The word spreads come to
Bozeman a rich city with lots of amenities and love for the needy!!
What would you be most likely to try to change in your HOA/POA covenants?
Enforcement of policies. There is no one to enforce, control or govern such policies. The city
can't keep up with their own rules and regulations why involve them? The police say theywon't ticket violators of handicap parking. HOA covenants are a joke!
204
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Friday, October 6, 2023 7:12:04 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
DENSITY! And MIXED USE! Iif we’re losing character in old Bozeman to new densityzoning, we need to impose that even more strongly on anything newly built in the city.
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
New development should not ban alternative energy generation in any capacity. It should
allow for gardens, greenhouses, chickens and honeybees. And it should definitely not requiresod! Zero-scaping and native landscaping needs to be required of anything, not producing
food.
What would you be most likely to try to change in your HOA/POA covenants?
Right now I don’t have covenants, and I wish I did, because the new zoning will allow
buildings that are too tall for my neighborhood. Stealing peoples sky is not OK.
205
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Anonymous User completed Model HOA Covenant Survey!
Date:Friday, October 6, 2023 6:51:44 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Anonymous User just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Yes, walking access to devices and commercial.
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Yes, many covenants only allow single family homes which is in direct conflict with nearly allthe city’s goals. This will probably increase in response to fear about the UDC rewrite.
What would you be most likely to try to change in your HOA/POA covenants?
NA- I do not have covenants.
206
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]SLaulainen completed Model HOA Covenant Survey!
Date:Tuesday, September 12, 2023 1:29:52 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
SLaulainen just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
no
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
the camper cities need to be addressed asap!
What would you be most likely to try to change in your HOA/POA covenants?
I don't think that putting your trash can behind a fence helps much with the bear issues. Not
everyone has a garage or wants smelly trash in the garage. I do like the water conservation partand childcare :)
207
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL]Kathi Thorson completed Model HOA Covenant Survey!
Date:Tuesday, September 12, 2023 1:22:52 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Kathi Thorson just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Street parking
What would you be most likely to try to change in your HOA/POA covenants?
Define certain "use" items more clearly like parking, trash, unsightliness. Make sure there is a
violation schedule, fines. Make sure there are late fees for dues not paid.
208
From:Engage Bozeman
To:Jesse DiTommaso
Subject:[EXTERNAL][SENDER UNVERIFIED]HOA Manager completed Model HOA Covenant Survey!
Date:Tuesday, September 12, 2023 10:24:41 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
HOA Manager just submitted the survey Model HOA Covenant Survey! with the responses
below.
We identified connectivity, child care, solid waste, sustainability, water conservation, andcommunity development as key topics to address. Did we miss any key topics in what wehave developed so far?
Parking and the use of permit tags in the neighborhoods outside of old Bozeman.
Are there any additional HOA / POA covenants or topics that conflict with City goalslike "safe and welcoming community, sustainable environment, well-planned city"?
Short-term rentals
What would you be most likely to try to change in your HOA/POA covenants?
I LOVE that you are encouraging gardening, hen-raising, and xeric landscaping. Watering and
mowing expenses are big. I'd like to see more community gardens.
209
Version February 2023
RESOLUTION 5555
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING MODEL HOMEOWNERS/PROPERTY OWNERS ASSOCIATION (HOAS/POAS)
MODEL COVENANTS
WHEREAS, as set forth in Bozeman’s Strategic Plan 6.0, cultivating a strong environmental
ethic; protecting clean air, water, open space, and climate; and promoting environmentally
sustainable businesses and lifestyles is important in Bozeman; and
WHEREAS, Resolution 5368 adopts Model HOA Covenants as a City Commission priority.
Model HOA covenants call for the establishment of model homeowners' association covenants
that encourage water conservation, neighborhood and community connectivity, accessory
dwelling units, childcare, drought-tolerant landscaping, composting, local food, recycling, energy
efficiency, and renewable energy; and
WHEREAS, homeowners’ associations and property owner associations (HOA/POA)
covenants are formal agreements between private parties, and as such, the City of Bozeman does
not enforce covenants between private parties, nor will the City mandate HOAs (Homeowner
Associations) and POAs (Property Owner Associations) adopt the model language. The City of
Bozeman will not be involved in governance of HOA/POA covenants.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit: Model Homeowner Association (HOAs) and Property Owner Association (POAs)
covenants are encouraged for both existing homeowners’ associations (HOAs), property owners’
associations (POAs), and new HOAs/POAs to consider and adopt to align with the City of Bozeman
and community goals.
210
Version February 2023
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the _____ day of ___________________, 20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
211
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:Appointment to the City-County Board of Health
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to appoint one City Commission appointee to a term ending June
2025.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:An updated Interlocal Agreement was entered into by the City of Belgrade,
the City of Bozeman, and Gallatin County. One current member's term
expired June 1, 2023. The City received one application for the position.
UNRESOLVED ISSUES:None identified
ALTERNATIVES:As per Commission
FISCAL EFFECTS:None
Attachments:
Matthew Madsen.pdf
Report compiled on: October 24, 2023
212
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local
governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to
building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership
that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are
encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323.
Applicant Information
* Full Name
Matthew Madsen
* Residential Address
511 W Spring Creek Dr
Bozeman MT 59715
* Primary Phone
(720) 353-0119
* Current Occupation
Research Associate
* Employer
Western Transportation Institute
* Email
matthew.a.madsen@gmail.com
Which position are you applying for?
Board of Health
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
6-10 years
* Have you ever served on a City or County Board or Commission?
Yes
Where, how long, and what Board?
Board of Health, City of Bozeman 6 months
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
I first began my career in public health 12 years ago working as a Coalition Coordinator focused on physical activity, nutrition, and mental health. Since then, I have gotten a
MPH and worked in multiple facets of the public health profession. I have been involved in projects directly related to health in Bozeman and the Gallatin County and have a
passion for public health, community engagement, and creative problem solving. I understand the importance of public health in a thriving community.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
I strongly believe in the values of diversity, equity, and inclusion in my personal and professional lives. I strive to learn and grow to do better around the work involved with
DEI and better understand how the I do intentionally and unintentionally affect everyone in the community. I have been involved in a pilot community liaison project in
partnership with HRDC and the City that sought to engage underserved communities into the planning processes the city uses.
Page | 1 213
References
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Cathy Costakis
* Phone
(406) 581-8650
* Email
costakisce@gmail.com
* Reference #2 Full Name
Jon Henderson
* Phone
(406) 579-8223
* Email
jhenderson@bozeman.net
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
No
How did you hear about this board or vacancy?
Currently serve on the board
Is there any other information that you feel we need to know?
**SKIPPED**
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 214
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:Appointments to the Historic Preservation Advisory Board
MEETING DATE:November 21, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to appoint one member to the Bozeman Historic Preservation
Advisory Board to the historic district representative position with a term
expiring on June 30, 2025 and one member to the Bozeman Historic
Preservation Advisory Board to the architect position with a term expiring on
June 30, 2025.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Bozeman Historic Preservation Advisory Board was created under
Chapter 2, Article 5, and Division 6 of the Bozeman Municipal Code. This
chapter is designed as a measure to establish a local historic preservation
program designed to promote the preservation of historic and prehistoric
sites, structures, objects, buildings, and historic districts by addressing
historic preservation issues at the local level and integrating them into local,
state, and federal planning and decision-making processes. The historic
preservation program includes identification, evaluation, and protection of
historic resources within the city (Ordinance No. 1180, Section 2, 1985). The
Bozeman Historic Preservation Advisory Board shall serve in an advisory
capacity to the City Commission and other staff members or boards seeking
advice on historic preservation issues (Ordinance No. 1454, Section 2, 1998;
Ordinance No. 1180, Section 3, 1985).
Members are appointed to staggered two-year terms comprised of up to
seven members per Ordinance 1927 via any combination of the following:
1. At least three members shall meet the Secretary of the Interior's
Professional Qualification Standards in the disciplines of history, planning,
archaeology, architecture, architectural history, historic archaeology, or
other historic preservation-related disciplines such as cultural geography or
cultural anthropology.
215
2. At least one member shall be an architect holding state or NCARB
registration. Retired professionals shall be given consideration equal to that
of practicing professionals. Residency within the city shall not be a
prerequisite for membership as a professional representative.
3. At least one member shall live in or own property in a Bozeman historic
district, on file at the city planning office. A member may be chosen from a
locally or nationally designed district.
4. At least four members shall be at-large representatives who reside or own
property within the city limits.
This board currently has one vacancy and two expired terms. The City Clerk’s
Office has received two reapplications, with their relevant qualifications
indicated below:
Historic District Representative with a term expiring June 30, 2025 |
Qualifies: E. Darrow
One Architect Position with a term expiring June 30, 2025 | Qualifies: M.
Wiseman
Applicants:
Michael Wiseman
Elizabeth Darrow
Commissioner Coburn is the City Commission liaison for this board. Bozeman
Historic Preservation Advisory Board appointments are Commission
appointments.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Michael Wiseman.pdf
Elizabeth Darrow.pdf
Report compiled on: October 31, 2023
216
Submission #2492649
IP Address 137.26.77.138
Submission Recorded On 06/09/2023 8:11 AM
Time to Take Survey 12 minutes, 12 seconds
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance
in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory
Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the
least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323.
Applicant Information
*Full Name
Michael Wiseman
*Residential Address
1465 Maiden Spirit St
Bozeman MT 59715
*Primary Phone
(406) 581-4473
*
Architect
*
Architecture 118
*
mike@arch118.com
Historic Preservation Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
11 years or more
*Have you ever served on a City or County Board or Commission?
Yes
Historic Preservation Board, 1 year
*
I'm an architect in the city and have been an active board member. I have an acute sense of the changes in Bozeman and a desire to help navigate the process, especially
with respect to historical perspectives.
*
I've been training with my daughters.
References
Please provide name, phone, and email contact information for two references.
*Reference #1 Full Name
Current Occupation
Employer
Email
Which position are you applying for?
How long have you lived in the Bozeman Area?
Where, how long, and what Board?
Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your
understanding of DEI.
217
Linda Semones
*Phone
(406) 587-1516
*
lindasemones@hotmail.com
*Reference #2 Full Name
Scott Hedglin
*Phone
(406) 404-1777
*
scott@arch118.com
*
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be
expected to take online and in person ethics training?
Yes
Current board member
**SKIPPED**
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Email
Email
How did you hear about this board or vacancy?
Is there any other information that you feel we need to know?
218
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local
governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to
building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership
that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are
encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323.
Applicant Information
* Full Name
Elizabeth Darrow
* Residential Address
603 W Babcock
Bozeman MT 59715
* Primary Phone
(206) 660-7645
* Current Occupation
Professor Emerita in Art History
* Employer
Self employed
* Email
elizabeth.darrow@gmail.com
Which position are you applying for?
Historic Preservation Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
11 years or more
* Have you ever served on a City or County Board or Commission?
Yes
Where, how long, and what Board?
Historic Preservation Advisory Board-2 years
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
I have served for two years on the Board and feel I am making a valuable contribution to our role in raising awareness in the city about the crucial place Historic
Preservation plays in our quality of life and the broader and more inclusive definition of this field for an effective future in Bozeman. I am applying to renew my place on
Board and am deeply interested and involved in areas of various historic preservation that includes our new proposal for a Heritage Tree Program. (more if asked)
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
I am making a valuable contribution to our role in raising awareness in the city about the crucial place Historic Preservation plays in issues of fairness and quality of life and
the broader, more diverse and inclusive definition of Historic Preservation in a city that represents in real time its stated values and programs now and in the future.
Page | 1 219
References
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Jennifer Madgic
* Phone
(406) 599-8796
* Email
jmadgic@gmail.com
* Reference #2 Full Name
Linda Semones
* Phone
(406) 599-3916
* Email
lindasemones@hotmail.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
current member
Is there any other information that you feel we need to know?
Longer Statement on Request
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 220