HomeMy WebLinkAbout02-27-24 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. Pledge of Allegiance and a Moment of Silence
C. Changes to the Agenda
D. FYI
E. Commission Disclosures
F. Consent
F.1 Accounts Payable Claims Review and Approval (Armstrong)
F.2 Approval of depository bonds and pledged securities as of December 31, 2023.(Clark)
F.3 Authorize the City Manager to Sign a Notice of Award with CK May Excavating for
Construction of a Shared-Use Path along 5th Avenue from Tamarack Street to Oak Street
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, February 27, 2024
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.
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
Via Video Conference:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
person
United States Toll
+1 669 900 9128
Access code: 933 7244 1920
1
and Related Improvements(DiTommaso )
F.4 Authorize the City Manager to sign the Gallatin County Fire Agency Mutual Aid
Agreement(Waldo )
F.5 Authorize the City Manager to Sign a Professional Services Agreement with Advanced
Engineering and Environmental Services, LLC, for the Motor Control Center Replacement
Project at the Water Reclamation Facility.(Heaston)
F.6 Authorize City Manager to Sign Professional Services Agreements for Facilities Contractors
Term Contracts - Fall Procurement Addition #1(Ziegler)
F.7 Authorize the City Manager to Sign a Professional Services Agreement with G3, Green
Gardens Group, LLC. for a Bozeman Watershed Wise Landscape Webinar Series(Ahlstrom)
F.8 Authorize the City Manager to execute Task Order No. 2 of the Professional Services Master
Task Order Agreement with the firm of AE2S providing engineering services for the following
three sub-tasks at the City of Bozeman Water Treatment Plant: Hyalite Earthen
Embankment Condition Investigation, WTP Pretreatment Basin Geometry Modifications,
and WTP Fluoride Containment Access Improvements(Nielsen)
F.9 Authorize the City Manager to Sign Amendment 1 to Professional Services Agreement with
TD&H Engineering for Structural Special Inspections and Materials Testing for the
Construction of Fire Station 2(Ziegler)
F.10 Authorize the City Manager to Sign Second Amendment to the Professional Services
Agreement with Bozeman Site Services, LLC. for Landscape Maintenance Services in the
Parks and Trails District(Kline)
F.11 Authorize the City Manager to Sign Amendment 1 to Architectural Services Agreement with
A&E Design for Bozeman City Hall Renovation(Ziegler)
F.12 Authorize City Manager to sign Amendment No. 3 to the Professional Services Agreement
with Robert Peccia and Associates for the Sourdough Transmission Main Phase 2
Project.(Murray)
F.13 Resolution 5541 Modification of Special Improvement Lighting District 772 for Blackwood
Groves to include all remaining phases.(Hodnett)
F.14 Resolution 5572 Creation of Special Improvement Lighting District 783, Phases A & C of
Sundance Minor Subdivision(Hodnett)
G. Consent II: Items Acted Upon Without Prior Unanimous Approval
G.1 Resolution 5510, Adoption of the Gran Cielo II Annexation, Annexing Approximately 81.468
acres and Adjacent Rights-of-Way, Application 22090(Rogers)
H. Consent III:
H.1 Ordinance 2148, Provisional Adoption, Establishing a Zoning Designation of R-4, Residential
2
High-Density District, and R-3, Residential Moderate Density District, in Association with the
Annexation of 81.468 Acres, the Gran Cielo II Annexation, Application 22090(Rogers)
I. Public Comment
J. Action Items
J.1 Cancellation of Public Hearing for Annexation and Zone Map Amendment Requesting
Annexation and the Establishment of an Initial Zoning Designation of R-4 and R-5 on 81.468
Acres, the Baxter 80 Annexation, Application 23208(Rogers)
J.2 Appeal 23214 of the Community Development Director's Conditional Approval of the
Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan application
22047(Krueger)
J.3 Resolution 5584 Calling for an Election on the Question of Conducting a Local Government
Review and Establishing a Study Commission Pursuant to Section 7-3-171 through 7-3-193 of
the Montana Code Annotated(Peters )
J.4 Planned Development Zone Requesting a Sustainability/Resilient Design on 41.97 Acres and
Amendment of the City Zoning Map to Change Zoning from BP, Business Park District, to B-
2, Community Business District, Application 23293(Rogers)
K. FYI / Discussion
L. Adjournment
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.
Motion language: Having reviewed and considered the resolution, public comment, and staff
presentation, I hereby move to approve Resolution 5584 calling for an election on the question of
conducting a local government review and establishing a study commission pursuant to section 7-3-171
through 7-3-193 of the Montana Code Annotated.
Having reviewed and considered the staff report, application materials, public comment, and all
information presented, I hereby adopt the findings presented in the staff report for application 23293
and move to recommend approval of the MSU Innovation Campus Zone Map Amendment, with
contingencies required to complete the application processing.
City Commission meetings are open to all members of the public. If you have a disability that
requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
3
Videos Page.
4
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:February 27, 2024
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. Please provide approval for
checks dated February 28, 2024. In addition to the weekly check issue,
please provide approval for checks dated February 21, 2024, as there was no
commission meeting on February 20, 2024.
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: February 5, 2024
5
Memorandum
REPORT TO:City Commission
FROM:Clark
SUBJECT:Approval of depository bonds and pledged securities as of December 31,
2023.
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Approve the depository bonds and pledged securities as of December 31,
2023.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:
17-6-102. Insurance on deposits. (1) Deposits in excess of the amount
insured by the federal deposit insurance corporation or the national credit
union administration may not be made unless the bank, building and loan
association, savings and loan association, or credit union first delivers to the
state treasurer or deposits in trust with some solvent bank, as security
therefore, bonds or other obligations of the kinds listed in 17-6-103, having a
market value equal to at least 50% of the amount of the deposits in excess of
the amount insured. The board of investments may require security of a
greater value. When negotiable securities are placed in trust, the trustee's
receipt may be accepted instead of the actual securities if the receipt is in
favor of the state treasurer, successors in office, and the state of Montana
and the form of receipt and the trustee have been approved by the board of
investments.
(2) Any bank, building and loan association, savings and loan association,
or credit union pledging securities as provided in this section may at any
time substitute securities for any part of the securities pledged. The
substituted collateral must conform to 17-6-103 and have a market value at
least sufficient for compliance with subsection (1). If the substituted
securities are held in trust, the trustee shall, on the same day the
substitution is made, forward by registered or certified mail to the state
treasurer and to the depository financial institution a receipt specifically
describing and identifying both the securities substituted and those released
and returned to the depository financial institution.
6
Section 7-6-207 (2), MCA, requires the City Commission to approve pledged
securities at least quarterly.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The city is sufficiently pledged.
Attachments:
Depository Bonds & Securities 1223.doc
Report compiled on: January 30, 2024
7
DEPOSITORY BONDS AND SECURITIES
AS OF
December 31, 2023
MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT
US BANK
All Accounts
Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00
LOC-FHLB Cincinnati 1/12/2024 572036 $ 20,000,000.00
TOTAL – US Bank $ 20,250,000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-
207, M.C.A., have this day certified the receipts of US Bank, for the Depository Bonds held by the Director of
Finance as security, for the deposit for the City of Bozeman funds as of December 31, 2023, by the banks of
Bozeman and approve and accept the same.
_____________________________________________
TERENCE CUNNINGHAM, Mayor
______________________________________________________________________________
JOEY MORRISON, Deputy Mayor CHRISTOPHER COBURN, Commissioner
______________________________________________________________________________
JENNIFER MADGIC, Commissioner DOUGLAS FISCHER, Commissioner
8
PLEDGED SECURITIES AND CASH IN BANK
As of
December 31, 2023
US BANK
Total Cash on Deposit $10,518,439.65
FDIC Coverage $250,000.00
Amount Remaining $10,268,439.65
Pledges Required 104%$10,679,177.24
Actual Pledges $20,000,000.00
Over (Under) Pledged $9,320,822.76
REFERENCE: Section 7-6-207, M.C.A.
9
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Specialist
David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Notice of Award with CK May
Excavating for Construction of a Shared-Use Path along 5th Avenue from
Tamarack Street to Oak Street and Related Improvements
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Notice of Award with CK May
Excavating for construction of a shared-use path along 5th Avenue from
Tamarack to Oak Street and related improvements.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The City Commission passed Ordinance No. 1685, “Adopting an Urban
Renewal Plan for the North Seventh Avenue Corridor and Adjacent
Properties”, on November 27, 2006. On December 16, 2015, the City
Commission passed Ordinance No. 1925, which adopted a new urban
renewal plan, expanded the boundaries of the original district, and renamed
the North Seventh Urban Renewal District the Bozeman Midtown Urban
Renewal District.
The 2015 Midtown Urban Renewal Plan provides for the remediation of
blighted conditions within the urban renewal area by advancing five broad
goals through a series of implementing activities and strategies.
The City Commission approved the Midtown Action Plan in 2017, which
charted a new direction in pairing infrastructure spending and blight
remediation with proposed private investment. The intent of the Action Plan
is to, “attract targeted private investment by leveraging the market potential
of the Midtown District and removing barriers to redevelopment through
strategic infrastructure investments and incentives.” The Annual Report and
the recommended Work Plan and Budget reflect this specific strategy.
The adopted FY 2024 Work Plan for the Midtown Urban Renewal District
includes the North 5th Avenue Multi-Use Path. Staff obtained an easement
to install a 10ft paved multi-use path along the N. 5th Ave. right-of-way to
10
connect the path on Oak St. to Westlake Park and to provide bike and
pedestrian connectivity where North 5th Avenue does not currently exist.
On February 1, 2024, competitive bids for the 5th Avenue Trail were
accepted and publicly opened. Three bids were received. However, CK May
submitted the only complete bid package as required. City Staff agrees with
Sanderson Stewart's recommendation that the City of Bozeman move
forward with a contract award to CK May Excavating for the 5th Avenue Trail
construction.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the Commission.
FISCAL EFFECTS:In FY24, the City budgeted $325,000 for the 5th Avenue Trail. CK May
Excavation submitted a bid amount of $339,425. The Midtown Urban
Renewal budget can absorb the $14,425 increase. Staff recommends moving
forward with the bid amount of $339,425.
Attachments:
5th_Ave_Trail_Notice_of_Award.pdf
5thAve_Bid_Recommendation_020224.pdf
5th Ave_Bid_Tab_020124.pdf
Report compiled on: February 13, 2024
11
EJCDC C-510 Notice of Award
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page 1 of 1
Notice of Award
Date: _______________
Project: 5th Avenue Trail
Owner: City of Bozeman Owner's Contract No.:
Contract: Construction of a shared-use path along 5th Avenue from
Tamarack Street to Oak Street and related improvements.
Engineer's Project No.: 18098.20
Bidder: CK May Excavating, Inc.
Bidder's Address: 1170 Apples Way; Belgrade, MT 59714
You are notified that your Bid dated February 1, 2024 for the above Contract has been considered. You are
the Successful Bidder and are awarded a Contract for Base Bid – 5th Avenue Trail.
The Contract Price of your Contract is Three Hundred Thirty-Nine Thousand, Four Hundred and
Twenty-Five and 00/100 Dollars ($339,425.00).
Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
Two (2) sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within [15] days of the date you receive this
Notice of Award.
1. Deliver to the Owner Four (4) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the
Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary
Conditions (Paragraph SC-5.01).
3. Other conditions precedent:
Deliver with the executed Contract Documents the required insurance certificates.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
City of Bozeman
Owner
By:
Authorized Signature
Title
Copy to Engineer
12
February 2, 2024
Ms. Jesse DiTommaso
Economic Development Department
City of Bozeman
121 North Rouse Avenue
Bozeman, MT 59715
Reference: Bid Award Recommendation
5th Avenue Trail
Project No. 18098.20
Dear Jesse:
On February 1, 2024, competitive bids for the above referenced project were accepted and publicly
opened. Three bids were received. Listed below is a summary of the verified bids relative to the
engineer’s opinion of probable cost:
Bidder Base Bid
AX&T Dirtworks $320,505.00
K2 Ventures $299,002.93
CK May Excavating $339,425.00
Engineer’s Opinion of Probable Cost $323,372.04
Several discrepancies were noted in the bid submitted by AX&T Dirtworks. They did not submit a
signed copy of the Addendum No. 1, nor did they submit their bid on the revised bid form that was
enclosed with the Addendum. They also did not sign the Non-Discrimination and Equal Pay
Affirmation Form. A copy of the Instructions to Bidders is provided with this letter, including
highlights on the applicable requirements that were not met. Because these items were missing from
their bid, we feel the bid from AX&T Dirtworks should be considered non-responsive.
Several discrepancies were also noted in the bid submitted by K2 Ventures. They did not submit a
bid security or a signed copy of the Non-Discrimination and Equal Pay Affirmation Form. They
also did not submit their bid on the full bound copy of the contract documents as required by the
Instructions to Bidders. A copy of the Instructions to Bidders is provided with this letter, including
highlights on the applicable requirements that were not met. Because these items were missing from
their bid, we feel the bid from K2 Ventures should also be considered non-responsive.
No discrepancies were identified in CK May’s bid. Based on this review and the funding currently
available for the project, Sanderson Stewart recommends that the City of Bozeman move forward
with a contract award to CK May Excavating for the base bid in the amount of $339,425.00.
13
Ms. Jesse DiTommaso
February 2, 2024
Page 2
Attached are copies of the bid tabulation and the signed bid documents from the three bidders.
Please call if you have any questions or would like further information.
Sincerely,
Danielle Scharf, PE, PTOE, LEED AP
Principal|Western Montana Region Manager
Attachments: Bid Tabulation
Copy of Bid Documents
Instructions to Bidders
P:18098.20_5thAve_Bid_Recommendation_020224
14
PAGE 1 OF 1 BID TABULATION2/2/2024PROJECT:5th Avenue TrailBID DATE:S.S. PROJECT NO.:18098.20BID TIME:BY:Sanderson StewartFOR:City of BozemanUNITTOTALUNITTOTALUNITTOTALUNITTOTALITEMEST.UNITPRICEPRICEPRICEPRICEPRICEPRICEPRICEPRICENO.QTY.DESCRIPTION$$$$$$$$Base Bid - 5th Avenue Trail101 1 LS Mobilization and Insurance $42,442.04/ LS = $42,442.04 $16,000.00 / LS = $16,000.00 $15,000.00 / LS= $15,000.00 $34,300.00 / LS = $34,300.00102 1 LS Stormwater Management and Erosion Control $20,000.00/ LS = $20,000.00 $7,500.00 / LS = $7,500.00 $2,500.00 / LS = $2,500.00 $12,500.00 / LS = $12,500.00103 1 LS Traffic Control During Construction$25,000.00/ LS = $25,000.00 $7,000.00 / LS = $7,000.00 $3,125.00 / LS = $3,125.00 $6,500.00 / LS = $6,500.00104 1 LS Clearing and Grubbing $5,000.00/ LS = $5,000.00 $15,000.00 / LS = $15,000.00 $8,750.00 / LS = $8,750.00 $12,500.00 / LS = $12,500.00105 280 CY Strip and Stockpile Topsoil and Replace Topsoil $30.00/ CY = $8,400.00 $50.00 / CY = $14,000.00 $120.41 / CY = $33,714.80 $35.00 / CY = $9,800.00106 510 SF Remove Existing Concrete $5.00/ SF = $2,550.00 $15.00 / SF = $7,650.00 $13.10 / SF = $6,681.00$5.50 / SF = $2,805.00107 96 LF Remove Existing Curb and Gutter $15.00/ LF = $1,440.00 $40.00 / LF = $3,840.00 $66.94 / LF = $6,426.24$25.00 / LF = $2,400.00108 60 SY Sawcut and Remove Existing Asphalt $15.00/ SY = $900.00 $50.00 / SY = $3,000.00 $79.83 / SY = $4,789.80 $45.00 / SY = $2,700.00109 1 LS Utility and Valve Box Adjustments $2,000.00/ LS = $2,000.00 $500.00 / LS = $500.00 $3,000.00 / LS = $3,000.00 $1,500.00 / LS = $1,500.00110 22 LF 12-inch CMP Culvert $100.00/ LF = $2,200.00 $120.00 / LF = $2,640.00 $27.13 / LF = $596.86 $110.00 / LF = $2,420.00111 2 EA 12-inch CMP FETS $1,500.00/ EA = $3,000.00 $400.00 / EA = $800.00 $206.78 / EA = $413.56 $650.00 / EA = $1,300.00112 2 EA Relocate FETS $1,000.00/ EA = $2,000.00 $500.00 / EA = $1,000.00 $3,650.00 / EA = $7,300.00 $2,900.00 / EA = $5,800.00113 60 LF 42-inch RCP Culvert $300.00/ LF = $18,000.00 $400.00 / LF = $24,000.00 $209.05 / LF = $12,543.00 $350.00 / LF = $21,000.00114 37 LF 22.5-inch x 36.25-inch RCP Culvert $160.00/ LF = $5,920.00 $400.00 / LF = $14,800.00 $151.13 / LF = $5,591.81 $300.00 / LF = $11,100.00115 150 CY Unclassified Excavation $18.00/ CY = $2,700.00 $50.00 / CY = $7,500.00 $64.17 / CY = $9,625.50$30.00 / CY = $4,500.00116 50 CY Import Fill $50.00/ CY = $2,500.00 $50.00 / CY = $2,500.00 $93.05 / CY = $4,652.50$85.00 / CY = $4,250.00117 850 LF Vegetation Block $3.00/ LF = $2,550.00 $6.00 / LF = $5,100.00 $5.72 / LF = $4,862.00 $2.50 / LF = $2,125.00118 1,150 SY Geotextile Fabric $5.00/ SY = $5,750.00 $6.00 / SY = $6,900.00 $3.76 / SY = $4,324.00 $2.50 / SY = $2,875.00119 1,100 SF Concrete Ramps/Landings (6-inch Section) $22.00/ SF = $24,200.00 $18.00 / SF = $19,800.00 $19.38 / SF = $21,318.00 $26.00 / SF = $28,600.00120 110 LF Curb and Gutter $32.00/ LF = $3,520.00 $40.00 / LF = $4,400.00 $36.25 / LF = $3,987.50$60.00 / LF = $6,600.00121 900 SY Asphalt Surface Course (2 inches) $29.00/ SY = $26,100.00 $32.00 / SY = $28,800.00 $25.31 / SY = $22,779.00 $30.00 / SY = $27,000.00122 900 SY Asphalt Surface Course (3 inches) $34.00/ SY = $30,600.00 $40.00 / SY = $36,000.00 $30.93 / SY = $27,837.00 $40.00 / SY = $36,000.00123 350 CY 1 1/2-inch Minus Base Course Gravel (10 inches) $60.00/ CY = $21,000.00 $50.00 / CY = $17,500.00 $84.77 / CY = $29,669.50 $70.00 / CY = $24,500.00124 85 SF Truncated Dome Panel $100.00/ SF = $8,500.00 $115.00 / SF = $9,775.00 $94.12 / SF = $8,000.20 $120.00 / SF = $10,200.00125 1 LS Restore and Reseed Disturbed Areas $7,500.00/ LS = $7,500.00 $10,000.00 / LS = $10,000.00 $6,250.00 / LS = $6,250.00 $14,500.00 / LS = $14,500.00126 1 GAL Epoxy Pavement Markings (White)$1,000.00 / GAL = $1,000.00 $2,500.00 / GAL = $2,500.00 $2,000.00 / GAL = $2,000.00 $750.00 / GAL = $750.00127 2 EA Remove/Reset Existing Sign & Post$800.00 / EA = $1,600.00 $1,000.00 / EA = $2,000.00 $690.00 / EA = $1,380.00 $1,200.00 / EA = $2,400.00128 2 EA New Sign, Post & Foundation$1,000.00 / EA = $2,000.00 $1,500.00 / EA = $3,000.00 $942.83/ EA = $1,885.66 $1,500.00 / EA = $3,000.001292 EARemovable Bollard/EA=$0.00/EA=$0.00/EA=$0.00/EA=$0.00130 1 LS Haul-off Excess Topsoil and Excavated Material$10,000.00 / LS = $10,000.00 $12,000.00 / LS = $12,000.00 $5,000.00 / LS = $5,000.00 $10,500.00 / LS = $10,500.00131 1 LS Miscellaneous Work $35,000.00/ LS = $35,000.00 $35,000.00 / LS = $35,000.00 $35,000.00 / LS= $35,000.00 $35,000.00 / LS = $35,000.00$323,372.04$320,505.00$299,002.93$339,425.00AX&T DirtworksTotal - Base Bid = February 1, 20242:00 PMK2 VenturesEngineer's Opinion of Probable CostCK May Excavating106 E Babcock St, Suite L1 Bozeman, Montana 59715 Phone 406.522.9876 Fax 406.656.0967 www.sandersonstewart.com15
Memorandum
REPORT TO:City Commission
FROM:Waldo
SUBJECT:Authorize the City Manager to sign the Gallatin County Fire Agency Mutual
Aid Agreement
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Authorize the City Manager to sign the Gallatin County Fire Agency Mutual
Aid Agreement
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The Bozeman Fire Department participates in mutual aid with other agencies
in Gallatin County under the authority of Montana Code Annotated 7-33-
4112. The mutual aid agreement outlines the purpose, process, and
procedures under which mutual aid is given and received between agencies
in Gallatin County. Mutual aid request ensure that agencies have the
necessary resources needed to manage emergencies across Gallatin County.
The current mutual aid agreement was last updated in 2011 and the intent
moving forward is to keep this document on a more frequent update cycle.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As recommended by the City Commission
FISCAL EFFECTS:None
Attachments:
Gallatin County Fire Mutual Aid Agreement .pdf
Report compiled on: February 8, 2024
16
11-27-2023 Page 1 of 3
GALLATIN COUNTY
FIRE AGENCY
MUTUAL AID AGREEMENT
THIS AGREEMENT will take effect between and among the signing Agencies when two or more
local governments, fire districts or fire service areas in Gallatin County and/or Agencies that border
Gallatin County sign the Agreement. This Agreement will supersede all prior Gallatin County Fire
Agency Mutual Aid Agreements signed by the signatories of this Agreement.
WHEREAS, in the event of a disaster, incident or other emergency, an Agency may need the
assistance of the another Agency or Agencies to this Agreement to provide supplemental fire
suppression, emergency medical service equipment and personnel, hazardous materials control,
and/or other emergency support; and
WHEREAS, an Agency or Agencies may have the necessary equipment and personnel available
to enable it to provide such services in the event of such a disaster, incident or other emergency;
and
WHEREAS, the parties to this Agreement have determined that it is in the best interests of all
parties to set forth guidelines for providing mutual aid in the case of a disaster, incident or other
emergency.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. DEFINITIONS. The following definitions shall apply to this Agreement:
A. “Agency” means any signatory fire district, fire service area, municipality, state agencies
or other legally constituted unit of local government within Gallatin County or that border
Gallatin County.
B. “Disaster” means the occurrence or imminent threat of widespread or severe damage,
injury, or loss of life or property resulting from any natural or artificial cause, including
tornadoes, windstorms, snowstorms, wind-driven water, high water, floods, wave action,
earthquakes, landslides, mudslides, volcanic action, fires, explosions, air or water contamination
requiring emergency action to avert danger or damage, blight, droughts, infestations, riots,
sabotage, hostile military or paramilitary action, disruption of state services, accidents involving
radiation byproducts or other hazardous materials, outbreak of disease, bioterrorism, or incidents
involving weapons of mass destruction.
C. “Emergency” means the imminent threat of a disaster causing immediate peril to life or
property that timely action can avert or minimize.
D. “Incident” means an event or occurrence, caused by either an individual or by natural
phenomena, requiring action by disaster and emergency services personnel to prevent or
minimize loss of life or damage to property or natural resources. The term includes the imminent
threat of an emergency. The term does not include a state of emergency or disaster declared by
the governor pursuant to § 10-3-202, MCA or § 10-3-303, MCA.
E. “Requesting Agency” means the agency asking for assistance.
F. “Responding Agency” means the agency sending assistance.
17
11-27-2023 Page 2 of 3
2. PURPOSE The specific purpose of this Mutual Aid Agreement is to provide mutual
assistance to the Agencies for control of fire, fire prevention, emergency medical services,
hazardous materials control, and/or other emergency support in the event of a disaster, incident
or other emergency pursuant to §7-33-2108, §7-33-2202, §7-33-4112 and §10-3-202, MCA.
3. TERM. This Agreement shall remain in full force and effect unless amended or
terminated.
4. REQUEST FOR ASSISTANCE. The fire chief or designee or incident commander
from any Agency may request assistance from any other Agency or Agencies to this Agreement
if confronted with an emergency situation at which the Requesting Agency has need for
equipment or personnel in excess of that available to the Requesting Agency. A request for
assistance should include the type of incident or emergency and the type of equipment, the
number of personnel and specify the location where needed.
5. RESPONSE TO REQUEST, Upon receipt of a request the Responding Agency will
determine if the Responding Agency has equipment and personnel available to respond to the
request of the Requesting Agency and determine the type of the equipment and number of
personnel available. In the event the requested equipment and/or personnel are not available,
then the Responding Agency shall immediately advise the Requesting Agency that assistance
cannot be provided.
6. ASSISTANCE NOT MANDATORY. Providing assistance to a Requesting Agency is
not mandatory.
7. COMMAND AT INCIDENT SCENE. Personnel from the Responding Agency shall
report to the Requesting Agency's fire chief, designee or incident commander. The Responding
Agency's equipment and personnel shall be under the immediate supervision and responsibility
of the requesting fire chief, designee or incident commander during the actual operation. The
requesting fire chief, designee or incident commander may request an officer of a Responding
Agency to assume command. However, relinquishing command shall not relieve the Requesting
Agency of responsibility for the operation. Personnel of a Responding Agency shall be considered
to be acting under the lawful orders and instructions of their own Agency to and from the operation.
They are not to be considered personnel or employees of any other Agency.
8. RELEASE FROM INCIDENT. A Requesting Agency shall release a Responding
Agency when services are no longer required or when the Responding Agency is needed for
service in its own jurisdiction or upon direct request from the Responding Agency.
9. OPERATING PROCEDURES. The Agency Fire Chiefs and/or their designee(s) are
authorized to adopt operation procedures, guidelines, policies and plans to implement this
Agreement through the Gallatin County Fire Council.
18
11-27-2023 Page 3 of 3
10. LIABILITY. Each agency shall be responsible for defending claims made against it or its
personnel arising from participation in this Agreement. Agencies shall not be obligated to defend
claims made against another Agency or its personnel.
11. COMPENSATION. Each Agency agrees that it will not seek compensation for services
from any signatory Agency under this Agreement, except as allowed pursuant to federal, state
and local laws and regulations. This section does not preclude an Agency from directly seeking
compensation or reimbursable expenses from a third party.
12. REIMBURSEMENT. A Requesting Agency shall provide fuel and reasonable welfare
items for Responding Agencies; however, Responding Agencies may elect to not be reimbursed.
13. INSURANCE. Each Agency agrees to maintain adequate insurance coverage for its own
equipment and personnel.
14. COUNTY SUPPLEMENTAL INSURANCE COVERAGE. Gallatin County agrees to
provide supplemental disability insurance coverage for those Gallatin County Agency firefighters
who are injured while actively engaged in incident response or during transportation to or from an
incident under this Agreement. The supplemental coverage is contingent upon the Gallatin County
Agency having a primary disability policy in place prior to the injury such as membership in the
Montana Volunteer Firefighters’ Compensation Act.
15. AGREEMENT NOT EXCLUSIVE. This Agreement is not intended to be exclusive as
between parties hereto. The parties may, as that party deems necessary or expedient, enter into a
separate Mutual Aid Agreement or Agreements with any other party or parties. Entry into such
separate Agreements shall not change any relationship or terms of this Agreement unless the
parties hereto mutually agree in writing to such change.
16. ADMINISTRATION, SEPARATE LEGAL ENTITY AND PROPERTY.
A. No joint board or separate legal entity is created by this Agreement.
B. The ownership of property by each Agency shall not be affected as a result of this
Agreement. Property acquired during the term of this Agreement shall belong to the Agency
acquiring the property.
17. FILING OF AGREEMENT. The original of this Agreement shall be filed with the
Montana Secretary of State, Gallatin County Clerk and Recorder and copies shall be filed with
each Agency.
IN WITNESS WHEREOF, the undersigned, who are Trustees, Commissioners, Council Members
or designated individuals, have executed this Agreement on behalf of their Fire Department, Fire
District, Fire Service Area, State Agency or unit of local government, as of the day and year by
their names.
END OF AGREEMENT EXCEPT FOR SIGNATURE PAGE(S)
19
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Interim Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Advanced Engineering and Environmental Services, LLC, for the Motor
Control Center Replacement Project at the Water Reclamation Facility.
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
Advanced Engineering and Environmental Services, LLC, for the Motor
Control Center Replacement Project at the Water Reclamation Facility.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:There are three motor control centers at the Water Reclamation Facility
(WRF) with aging high voltage electrical componentry that are nearing end of
useful life and require replacement. The motor control centers (MCCs)
contain large electrical cabinets with industrial electrical switch gear,
terminal wiring, and motor controls that run high capacity pumps, blowers,
and other major pieces of mechanical equipment with large electrical
motors.
The City has engaged with the firm of Advanced Engineering and
Environmental Services, LLC (AE2S) through an on-call agreement to perform
professional services related to the WRF’s supervisory control and data
acquisition (SCADA) system. MCCs are an integral component of the SCADA
system. AE2S has completed the engineering design for this MCC
replacement project under a prior contract. The attached professional
services agreement with AE2S provides for preparation of bidding
documents, public bidding, and construction administration services to
complete the construction of all three MCCs needing replacement.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The negotiated cost of the attached PSA with AE2S totals $56,650. Funding
for the PSA is provided through the planned capital budget for the WRF
under projects WW121 & WW122 (SCADA motor control center #1,
20
respectively). WW121 was authorized in the FY23 CIP and WW122 in the
FY24 CIP, each with a funding amount of $90,000. The project is anticipated
to go to construction bid in May 2024, which will likely place construction
contract award into FY25.
Attachments:
AE2S PSA for WRF Motor Control Replacement
Project_20240215.pdf
Report compiled on: February 15, 2024
21
1
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, 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. The detailed description of the specific project components is described as follows:
Final Design, Bidding, and Construction Phase services for the WRF MCC Replacement project as further detailed
in Exhibit C – Scope and Fee Description.
1.2. The scope of services under this contract is set forth in this Agreement and the attached EXHIBITS.
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 James Sletten. The OWNER may name a Task Director who would be the liaison between the
ENGINEER and the OWNER during the design segment of the Project.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress
reports thereafter until the project is completed.
22
3
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 Brian Heaston, 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 - NA
4.2 PRELIMINARY DESIGN PHASE - NA
4.3 FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total
Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications of
sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed
by the Contractor(s) suitable for use in the project bidding and construction.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by
changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish
to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement
forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and
instructions to bidders, special provisions, technical specifications, and standard drawings, and other related
contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications
(MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman.
4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents (including design
drawings, specifications and contracts).
The Final Phase will be complete and submitted within 68 calendar days following written authorization from OWNER to
ENGINEER to proceed with that phase of services.
4.4 BIDDING OR NEGOTIATING PHASE
After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall:
4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s)
and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for
Bidding Documents and conduct pre-bid conferences.
23
4
4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and issue
addenda as appropriate.
4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors, suppliers
and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(s)") for those
portions of the work as to which such acceptability is required by the Bidding Documents.
4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment
proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents.
4.4.5. Attend the bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and
responsibility and make award recommendation to OWNER.
4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction,
materials, equipment and services. Furnish Owner two original signature sets of executed contract documents
(including design drawings, specifications and contracts). Furnish contractor with one set of original signature
executed contract documents and up to three sets of construction documents.
4.5 CONSTRUCTION PHASE
The responsibilities of the ENGINEER during the Construction Phase are summarized as follows:
4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER
and act as OWNER'S representative as provided in EXHIBIT A - ENGINEER'S STATUS DURING
CONSTRUCTION, attached to and made part of this Agreement and may be further provided under the General
Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of
the ENGINEER on the construction job site as described here-in shall not be modified except as the ENGINEER
and OWNER may otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through
ENGINEER who will have authority to act on behalf of OWNER to the extent provided in the General Conditions
except as otherwise provided in writing.
In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall provide the following
services during construction:
4.5.1.1 Schedule and conduct a pre-construction conference.
4.5.1.2 Provide personnel, equipment and supplies for construction layout and control, including
establishment of line, grade, and blue top control staking.
4.5.1.3 Review Contractors' construction schedules and operations, and the Contractors' traffic control
plans and its implementation prior to the start of construction.
4.5.1.4 Ascertain that the Contractor has secured required permits needed to accomplish his work.
4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task Director.
4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between the ENGINEER and
Contractor.
4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot be performed
in accordance with the Contract Documents.
4.5.1.8 Review and approve, for conformance with the project technical specifications all shop
drawings, and other Contractor submittals required by the Contract Documents.
4.5.1.9 During construction review Contractors' construction schedules and evaluate conformance and
progress under the Contract time provisions.
4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due to any initial
design or engineering deficiencies are required to complete the project original design concept.
24
5
4.5.1.11 Inspect the project and when appropriate, and after conferring with OWNER, issue a Certificate
of Substantial Completion to the Contractor.
4.5.1.12 Prior to recommending final payment, schedule and conduct with the OWNER a final project
inspection and submit a report to the OWNER documenting any outstanding items or deficiencies
requiring correction prior to final payment. Upon satisfactory project completion ENGINEER shall
certify in writing to the OWNER, and any required regulatory agencies, that the construction was
completed in accordance with the approved plans and specifications and is performing in accordance with
the design concept.
4.5.2. Resident Project Representative - NA.
4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR's means,
methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident
thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents; however, nothing contained in this Agreement shall be construed to
release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by
ENGINEER in the Contract Documents.
4.6. PROJECT DOCUMENTATION
ENGINEER shall furnish OWNER with (a) one mylar copy, two paper copies, and an electronic copy of the Project Record
Drawings ("As-Builts"), (b) written monthly progress reports, and (c) a project notebook containing such correspondence
and documentation as requested by OWNER.
4.7. CONSTRUCTION TESTING
The inspection services shall include material testing and verification of contract compliance with job site requirements,
plans and specifications.
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.
25
6
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following Additional Services as circumstances require during construction and
without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement:
5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested
by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional
services rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance
of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining
the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; and evaluating
an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials, equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or other
causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working hours, (4) default by any
Contractor.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
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 $ 9,498 for such services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1
through 4.4) shall not exceed the following ceilings:
$ 8,548 (90% of design fee) until the Final Plans and Specifications have been submitted to the OWNER and
review authorities.
6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based
upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to
any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the
payment provisions of this Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for
the Basic services (4.1 through 4.4) 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 Construction Phase and Project Documentation Services an amount not to
exceed $ 47,152 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 3.69 for services rendered which shall cover Direct Labor, Direct
Labor Overhead, General & Administrative Overhead and Profit.
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
26
7
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 2.8 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 $ 700 which includes $ 0 for consultants employed by the Engineer and $ 700
for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit " D ".
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 , or an amount
otherwise negotiated at the time such services are requested and approved by the OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred
to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of
those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest
and financing charges incurred in connection with the Project or the cost of other services to be provided by others to
OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel
engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters,
specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs
or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable
Direct Labor Costs are:
Labor Category Maximum billable Direct Labor Costs
Instrumentation and Controls 4 $60.34/hour
Engineer 2 $42.40/hour
27
8
Project Manager 3 $72.02/hour
Project Coordinator 4 $40.87/hour
Senior Designer 2 $52.75/hour
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project
Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications,
Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring
higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method
of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by
ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include expenses
incurred for computer time and other specialized equipment, including an appropriate charge for previously established
programs and expenses of photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings
provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period
incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total
cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed
separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any
phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute
total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services,
ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants
employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the
payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-
approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and
all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in
this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services
or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any
additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected
by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services
or other work performed. The equitable adjustment for any termination shall provide for payment to the
ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
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
28
9
and such other information and materials as may have been accumulated by the ENGINEER in performing this
Agreement, whether completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data,
recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior
to said termination shall be delivered to and become the property of the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance
of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for
audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three
years from the date of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company
or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage
fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or
violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to
deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage
fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
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.
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 Contractor has been found guilty of within 60 days of such finding for
violations occurring during the term of this Agreement.
ENGINEER shall require these nondiscrimination terms of its subcontractors providing services under this
Agreement.
The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this agreement.
29
10
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE
In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and
skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service
should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER’s request, re-perform
the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to
the project which are made necessary as a result of the initial non-performance or the re-performance of services. The
OWNER’s rights herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS:
9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local
laws and ordinances applicable to the work to be done.
9.7.2 For claims, causes of action, losses, or damages (collectively, “Claims”) asserted by third-parties and
arising out of the performance of professional services by the ENGINEER, the ENGINEER shall indemnify and
hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including
reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are
caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants in the
performance of professional services under this Agreement. The ENGINEER’S obligation to indemnify and hold
the Owner and the Owner’s officers and employees harmless under this section 9.7.2 does not include a duty to
defend.
9.7.3 For Claims asserted by third-parties that do not arise out of the performance of professional services by
the ENGINEER, the ENGINEER shall, to the extent covered by the ENGINEER’S insurance, defend, indemnify,
and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including
reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are
caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants.
9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a
plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities
as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault giving rise to the
damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or
employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney’s fees
and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER.
The indemnity required herein shall not be limited by reason of the specification of any particular insurance
coverage in this Agreement.
9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting
from intentional misconduct by any officer, director, agent or employee in connection with the work specified in
this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any damages, costs
or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney’s fees and
costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding
the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the
OWNER’S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found
responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to
reimburse ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER.
9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible
to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work
shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain
complete control over all of its employees, subcontractors, agents and operations, being responsible for any
required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation
with statutory limits, and unemployment insurance.
9.8 INSURANCE
30
11
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
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
31
12
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.
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, Part 1, MCA.
32
13
In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA ENGINEER
BY: BY:
(City Manager) (Operations Manager)
DATE: DATE:
ATTEST:
BY:
(City Clerk)
33
1
EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
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 10 - ENGINEER'S STATUS DURING CONSTRUCTION
10.1. OWNER’S REPRESENTATIVE
ENGINEER will be OWNER's representative during the construction period. The duties and
responsibilities and the limitations of authority of ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and shall not be extended without written consent of
OWNER and ENGINEER.
10.2. VISITS TO THE SITE
ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to
observe the progress and quality of the executed Work and to determine, in general, if the Work is
proceeding in accordance with the Contract Documents. ENGINEER will not be required to make
exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's
efforts will be directed toward providing for OWNER's greater degree of confidence that the completed
Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an
experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of
the Work and will endeavor to guard OWNER against defects and deficiencies in the Work.
10.3. PROJECT REPRESENTATION
If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of
authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT B, A
LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF
THE RESIDENT PROJECT REPRESENTATIVE.
10.4. CLARIFICATIONS AND INTERPRETATIONS
ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the
requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may
determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the
Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an
increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to
the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General
Provisions of the construction Contract Document.
34
2
10.5. AUTHORIZED VARIATIONS IN WORK
ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the
overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding
on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If
CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of
the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR
may make a claim therefor as provided in the General Conditions of the Construction Contract.
10.6. REJECTING DEFECTIVE WORK
ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective,
and will also have authority to require special inspection or testing of the Work as provided in the General
Provisions of the construction Contract Document whether or not the work is fabricated, installed, or
completed.
10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT
10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop
drawing provisions of the General Provisions of the construction Contract Document
10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order
provisions of the General Provisions of the construction Contract Document.
10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with
the payment provisions of the General Provisions of the construction Contract Document.
10.8. DETERMINATIONS FOR UNIT PRICES
ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary
determinations on such matters before rendering a written recommendation thereon (by recommendation
of an Application for Payment or otherwise) to OWNER.
10.9. DECISION ON DISPUTES
10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and
judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining
to the performance and furnishing of the Work and claims under The General Conditions of the
Construction Contract in respect of changes in the Contract Price or Contract Time will be referred
initially to ENGINEER in writing with a request for a formal decision in accordance with this
paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each
such claim, dispute and other matter shall be promptly reported and copied to the OWNER.
10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation
or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER
pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be
a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as
either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter.
35
3
10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract
Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such
authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-
contractor, any Supplier, or any other person or organization performing any of the Work, or to any
surety for any of them.
10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as
allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable",
"suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to
describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that
such requirement, direction, review or judgment will be solely to evaluate the Work for compliance
with the Contract Documents (unless there is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work or any duty or authority to undertake
responsibility contrary to the provisions of paragraph 4.5.3.
36
4
EXHIBIT C
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
SCOPE AND FEE DESCRIPTION
DESIGN SERVICES
Scope of work including expenses:
o Project Management:
Includes various meetings with staff, invoicing, communication, and other
various tasks.
o Final Design:
Addition of a downtime specification per city’s maximum downtime limit for
each MCC.
o Bidding:
Bidding clarification / questions.
Answer questions from potential bidders.
o Construction:
Construction project review meetings.
Meeting with city staff, electrician, and systems integrator.
Contractor questions
Answer questions from selected contractor.
Construction management.
Administration of submittals and RFI’s.
Pay apps and other items.
Shop drawing Review.
Record drawing development.
PERSONNEL†
Name Labor Classification
James Sletten I&C Technician IV
Cody Shevich, PE Engineer II
Adam Wahler, PE Engineer V
Peter Manfredini Senior Designer II
Kami Emith Senior Project Coordinator
†The Labor Categories of Personnel assigned to this Task Order shall be subject to adjustment annually (as of January 1) to reflect
equitable changes in the compensation payable to Consultant. This adjustment will not increase the total estimated compensation amount
unless approved in writing by the City.
37
Page 2 of 18
Fee Estimate Summary:
Anticipated Schedule:
Owner Review 5/1/2024.
Prep for Bid 5/20/2024.
Bidding 5/27/2024
Construction 4/1/2025.
Project Name
Project Location Subtotal Labor Subs Expenses Total
Hours
2024 Billing Rate
040 - FINAL DESIGN 47 $9,498 $0 $0 $9,498
050 - BIDDING 44 $9,520 $0 $200 $9,520
060 - CONSTRUCTION 186 $37,132 $0 $500 $37,632
277
56,150$ -$ 700$ 56,650$
010 - PROJECT MANAGEMENT $0
040 - FINAL DESIGN $9,498
050 - BIDDING $9,520
060 - CONSTRUCTION $37,632
Total Fee $56,650
38
Page 3 of 18
EXHIBIT D
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
SCOPE AND FEE DESCRIPTION
ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC
2024 HOURLY FEE AND EXPENSE SCHEDULE
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
Total Station – Robotic $35.00/hour
Mapping GPS $25.00/hour
Fast Static/RTK GPS $50.00/hour
All-Terrain Vehicle/Boat $100.00/day
Cellular Modem $75.00/month
Web Hosting $26.00/month
Legal Services Reimbursement $280.00/hour
Outside Services cost * 1.15
Geotechnical Services cost * 1.30
Out of Pocket Expenses cost * 1.15
Rental Car cost * 1.20
Project Specific Equipment Negotiable
* Position titles are for labor rate grade purposes only.
These rates are subject to adjustment each year on January 1.
39
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson - Strategic Services Director
Mike Gray - Facilities Superintendent
Max Ziegler - Facilities Project Coordinator
SUBJECT:Authorize City Manager to Sign Professional Services Agreements for
Facilities Contractors Term Contracts - Fall Procurement Addition #1
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreements for
Facilities Contractors Term Contracts - Fall Procurement Addition #1
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The Facilities Dept. regularly uses general contractors and specialty trades
contractors for projects related to facilities management and maintenance.
To attract a wider pool of contractors the Facilities Dept. published an RFQ
for contractors of all trades on October 21st, 2023, with the intention of
placing qualified respondents on a preferred contractor list and establishing
agreements to provide contractor services at pre-negotiated rates. This will
help minimize procurement delays in responding to future facilities projects
as they arise. When responding to emergency maintenance needs,
procurement delays can significantly increase building downtime resulting in
impacts to the public and staff. Maintaining term contracts with general and
specialty trade contractors positions the City to be able to adequately
respond to facilities needs while also building stronger contractor
relationships.
A recent example of the benefits of having term contracts with general
contractors and trade contractors was the 2022 emergency repairs at the
Swim Center, where a general contractor under a term contract was able to
immediately start work on the repairs without procurement delays. This
reduced the duration of the facility closure for repairs by nearly two months,
reducing impacts to the public and City operations.
The contractors listed below responded to the Request for Qualifications
and were evaluated by the review committee to be qualified to provide the
services detailed in their statements of qualifications and their proposals.
Term Contract proposals were extended to all responding contractors who
40
were evaluated as 'qualified' by the review committee.
This agenda item is in addition to the previously submitted Facilities
Contractors Term Contracts to correct clerical errors in the previously
submitted contract documents. Previously submitted contracts with the
following contractors have been voided and resubmitted as corrected.
Contracts included in this item:
3B Rehabilitation Services dba No Dig Team - Pipe Inspection and Lining
S. Conley Support - HVAC Service
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by City Commission
FISCAL EFFECTS:Services provided under these term contracts will be provided at the pre-
negotiated rates as stated in the Scope of Services for each contract. Services
are to be provided on an 'as-needed' basis and individual project expenses
are to be project specific with projects initiated via task order. Total
contracted project costs are to be $79,999 or less per the City of Bozeman
Purchasing Policy.
Attachments:
PSA - Master Task Order - 3B Rehabilitation Services -
Compiled.pdf
PSA - Master Task Order - S Conley Support - Compiled.pdf
Report compiled on: February 1, 2024
41
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 1 of 15
PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT
THIS AGREEMENT is made and entered into this _____ of January, 2024, 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, 3B Rehabilitation Services LLC dba No Dig Team, 920 Peosta Ave., Helena, MT 59601,
hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter into this agreement with Contractor to provide Pipe Inspection
and Repair Services as requested by the City through issuance of individual, consecutively
numbered Task Orders on an as needed and requested basis.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will
expire on January 1, 2029, unless extended or terminated as specifically provided for within
the agreement.
3. Scope of Work: Contractor will perform the work and provide the services in accordance
with the requirements of the Scope of Services. The Contractor will perform the specific
services and schedule as mutually agreed upon by City and Contractor and included in each
individual Task Order executed under the authority of this Agreement. Task Orders shall be in
a format similar to EXHIBIT B, attached and made part of this Agreement. For conflicts
between this Agreement and the Scope of Services the Agreement governs.
4. Payment: The terms of compensation to Contractor shall be agreed upon and included in each
Task Order. The task order amount shall be based on the rates specified in EXHIBIT A. City
agrees to pay Contractor the amount specified in the individual Task Orders. 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 EXHIBIT A. The City must agree in
writing upon any additional charges.
42
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 2 of 15
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. For each individual Task Order, Contractor will familiarize itself with the nature and
extent of the assignment, 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 and will provide a mutually agreeable Scope of
Services for each Task Order.
c. Contractor represents to City that it has the experience and ability to perform the
services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill ordinarily used by member
in the same profession practicing at the same time and in the same locality; that it has
the power to enter into and perform this Agreement and grant the rights granted in it;
and that its performance of this Agreement shall not infringe upon or violate the rights
of any third party, whether rights of copyright, trademark, privacy, publicity, libel,
slander or any other rights of any nature whatsoever, or violate any federal, state and
municipal laws. The City will not determine or exercise control as to general
procedures or formats necessary to have these services meet this standard of care.
6. Independent Contractor Status/Labor Relations:
a. 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.
b. Contractor shall comply with the applicable requirements of the Workers’
Compensation Act, Title 39, Chapter 71, 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.
43
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 3 of 15
c. 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.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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
44
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 4 of 15
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.
i. Contractor shall indemnify 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:
a. 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 and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is
inherently or intrinsically dangerous) or damages of whatever kind or nature connected
therewith and without limit and without regard to the cause or causes thereof or the
negligence of any party or parties that may be asserted against, recovered from or
suffered by the City occasioned by, growing or arising out of or resulting from or in
any way related to: (i) the negligent, reckless, or intentional misconduct of the
Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the
Contractor’s agents;
b. For the 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.
c. Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations
of this Section must not be construed to negate, abridge, or reduce any common-law
or statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s).
d. Contractor’s indemnity under this Section shall be without regard to and without any
right to contribution from any insurance maintained by City.
45
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 5 of 15
e. 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.
f. In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses
of suit.
g. Contractor also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person
or property arising from, growing out of, or in any way connected with or incident to
the performance of this Agreement except “responsibility for his own fraud, for willful
injury to the person or property of another, or for violation of law, whether willful or
negligent” as per 28-2-702, MCA.
h. These obligations shall survive termination of this Agreement and the services
performed hereunder.
i. In addition to and independent from the above, Contractor shall at Contractor’s
expense secure insurance coverage through an insurance company or companies duly
licensed and authorized to conduct insurance business in Montana which insures the
liabilities and obligations specifically assumed by the Contractor in this Section. The
insurance coverage shall not contain any exclusion for liabilities specifically assumed
by the Contractor in subsection (a) of this Section.
j. 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 and 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 and annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
46
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 6 of 15
• Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000
annual aggregate; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
k. The above amounts shall be exclusive of defense costs. The City of Bozeman, its
officers, agents, and employees, shall be endorsed as an additional or named insured
on a primary non-contributory basis on both the Commercial General and Automobile
Liability policies. The insurance and required endorsements must be in a form suitable
to City and shall include no less than a thirty (30) day notice of cancellation or non-
renewal. The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work. 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.
l. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not
be required to provide bonds as required by 18-2-201(1) for individual task orders
under this Agreement. Bonds may be waived as allowed under 18-2-201(4) for
individual task orders.
8. Inspection and Testing:
a. City has the right to inspect and test any and all work performed by Contractor under
a task order’s scope of services, referred to as the “Project”, executed under the
authority of this Agreement. Contractor shall allow City and its agents access to the
Project at all times and shall provide every reasonable facility for the purpose of such
inspection and testing, including temporarily discontinuing portions of the work or
uncovering or taking down portions of the finished work. Any inspection and testing
performed by the City and its agents is for the sole benefit of the City and shall not
relieve the Contractor of its duty, responsibility, and obligation to ensure that the work
strictly complies with the Agreement terms and conditions and all applicable laws and
building and safety codes. City’s inspection and testing shall not be deemed or
considered acceptance by the City of any portion of the Project. City’s inspection and
testing shall not serve to nullify, amend, or waive any warranties provided by the
Contractor under this Agreement.
47
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 7 of 15
b. Contractor shall, without charge, replace any material or correct any work found by
the City or its agents to be defective or otherwise not in compliance with the terms and
conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the
City may take such corrective action, either with its own materials and employees or
by retaining any third party to do so, and deduct the cost and expense of such corrective
action from the Contractor’s compensation.
9. Partial Utilization of the Project: City shall have the right to use or occupy any portion of
the Project that City and Contractor mutually agree is substantially completed and constitutes
a separately functioning and usable part of the Project for its intended purpose without
significant interference with Contractor’s performance of the remaining portions of the
Project. In the event City takes possession of any portion of the Project, such possession shall
not be deemed an acceptance of the Project, in whole or in part. City’s use of any portion of
the Project shall not be grounds for extensions of any construction deadlines or a change in
the Contractor’s compensation. Contractor’s warranties shall run from the completion of the
total Project and not from the date the City may take possession of selected portions of the
Project.
10. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through
its own employees or by contract with any third party, from performing other work related to
the Project at the construction site; provided such related work is not otherwise addressed in
this Agreement and provided such related work does not otherwise interfere with Contractor’s
performance of this Agreement or the completion of the Project. Contractor shall afford any
City employee, agent or representative, or any third party under contract with the City to
perform the related work, proper and safe access to the construction site, a reasonable
opportunity for the introduction and storage of materials and equipment, the opportunity to
perform the related work, and shall properly coordinate the Contractor’s work on the Project
with the related work.
11. Contractor’s Warranties: Contractor represents and warrants as follows:
a. Unless otherwise specified by the terms of the Task Order, all materials and equipment
used by Contractor on the Project shall be new and where not otherwise specified, of
the most suitable grade for their intended uses.
b. All workmanship and materials shall be of a kind and nature acceptable to the City.
48
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 8 of 15
c. All equipment, materials, and labor provided to, on, or for the Project must be free of
defects and nonconformities in design, materials, and workmanship for a minimum
period beginning with the commencement of the work on the Project and ending one
(1) year from the final completion and acceptance by the City of the Project, regardless
of whether such equipment, materials, or labor were supplied directly by Contractor
or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on
materials that provide for a warranty period longer than one year apply for the period
of that express warranty and are not reduced by this provision. Upon receipt of City’s
written notice of a defective or nonconforming condition during the warranty period,
Contractor shall take all actions, including redesign and replacement, to correct the
defective or nonconforming condition within a time frame acceptable to the City and
at no additional cost to the City. Contractor shall also, at its sole cost, perform any
tests required by City to verify that such defective or nonconforming condition has
been corrected. Contractor warrants the corrective action taken against defective and
nonconforming conditions for a period of an additional one (1) year from the date of
City’s acceptance of the corrective action.
d. Contractor and its sureties are liable for the satisfaction and full performance of all
warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the completion
of the Project and Contractor, or its duly authorized representative assigned to serve
as the Construction Project Manager, shall be personally present at the site of the
Construction Project during working hours for the term of this Agreement until the
completion of the Project.
f. Contractor shall have a complete, accurate, and up-to-date set of construction plans,
drawings, and specifications on site at all times.
g. Contractor has examined all available records and made field examinations of the site
of the Project. Contractor has knowledge of the field conditions to be encountered
during the Project. Contractor has knowledge of the types and character of equipment
necessary for the work, the types of materials needed and the sources of such materials,
and the condition of the local labor market.
h. Contractor is responsible for the safety of the work and shall maintain all lights,
guards, signs, temporary passages, or other protections necessary for that purpose at
all times.
49
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 9 of 15
i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair
or replace all damage and loss at its sole cost and expense regardless of the reason or
cause of the damage or loss; provided, however, should the damage or loss be caused
by an intentional or negligent act of the City, the risk of such loss shall be placed on
the City.
j. Contractor is responsible for any loss or damage to materials, tools, or other articles
used or held for use in the completion of performance of the Project.
k. Contractor’s performance must be without damage or disruption to any other work or
property of the City or of others and without interference with the operation of existing
machinery or equipment.
l. Title to all work, materials, and equipment covered by any payment of Contractor’s
compensation by City, whether directly incorporated into the Project or not, passes to
City at the time of payment, free and clear of all liens and encumbrances.
12. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms
or conditions of this Agreement, the City may, by written notice, terminate this
Agreement or any individual Task Order under 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.
50
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 10 of 15
13. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City, make it
advisable to the City to cease performance under this Agreement; the City may
terminate this Agreement or any Task Order under 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 or any Task Order under this Agreement and make every reasonable effort
to refrain from continuing work, incurring additional expenses or costs under this
Agreement or any Task Order 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.
14. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s
damages shall be limited to contract damages and Contractor hereby expressly waives
any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost
profits damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or nature,
Contractor shall provide City with written notice of its claim, the facts and
51
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 11 of 15
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.
15. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this Agreement
shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City
shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such
communication or submission shall be directed to the City’s Representative and
approvals or authorizations shall be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not available,
Contractor may direct its communication or submission to other designated City
personnel or agents 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 Edward Kerins, 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.
16. 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.
52
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 12 of 15
17. 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.
18. Nondiscrimination and Equal Pay:
a. 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.
b. 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.
c. Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
a. 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
53
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 13 of 15
plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
b. 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 his employees and agents in safe work
practices.
20. 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 City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
21. 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.
22. Non-Waiver: A waiver by either party any default or breach by the other party of any terms
or conditions of this Agreement does not limit the other party’s right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
23. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this
Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing Party 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.
24. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate
employee withholdings.
25. Dispute Resolution:
54
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 14 of 15
a. Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel
from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator
to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the date the
dispute was first raised, then such dispute may only be resolved in a court of competent
jurisdiction in compliance with the Applicable Law provisions of this Agreement.
26. Survival: Contractor’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
27. Headings: The headings used in this Agreement are for convenience only and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs
to which they refer.
28. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance
thereof shall continue in effect.
29. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives, successors, and assigns of the parties.
31. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does
not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by
a third party.
32. Counterparts: This Agreement may be executed in counterparts, which together constitute
one instrument.
33. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement
of the parties. Covenants or representations not contained therein or made a part thereof by
reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made
55
Professional Services Master Task Order Agreement for Pipe Lining Services
Page 15 of 15
prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically
made a part of this Agreement by reference.
34. Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title
30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
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
56
EXHIBIT A
57
Member of the Team
3B Rehabilitation Services LLC
920 Peosta Ave.
Helena, MT 59601
(406) 594-1040
Nodigteam.com
December 18, 2023
Max Zeigler
Facilities Project Coordinator
City of Bozeman
20 E. Olive Street, Office 0148
Bozeman, MT 59715
Dear Mr. Zeigler,
I have attached a preliminary rate sheet to proceed with the negotiations for a term contract with the
City of Bozeman for as-needed pipe restoration services.
“The rate sheets can be updated at any time to account for changing market conditions.”
The projects will include underground or in-structure pipe rehabilitation. We have built evaluation steps
in the process since the installation of CIPP may not be the proper solution. Additionally, the site
conditions may be favorable such that steps in the outlined process may not be applicable.
This rate sheet may be revised and expanded as the application of the solution achieves more significant
consideration. We understand this growth process.
We appreciate the opportunity provided and look forward to the successful negotiation of a contract
and the successful completion of projects.
Sincerely,
Edward C. Kerins
President
3B Rehabilitation Services LLC dba
No Dig Team
58
No Dig Team
City of Bozeman
December 2023
Rate sheet
Proposed rate sheet for services offered to the City of Bozeman via Task Order contract
Lump Sum/Minimum
Unit Price Units Cost CCTV Cln/Dscl CIPP
Site Preparation
1 Site Access N/C $100.00 incl
2 Site Assessment N/C incl incl
3 Pipeline access N/C Plumber incl
Mobilization
4 Equipment set up $50.00 Extra Piece N/C $100.00 $250.00
CCTV of pipeline
5 Initial inspection
4"$4.00 Foot $350.00
6"$4.00 Foot $350.00
8"$5.00 Foot $350.00
6 Initial report incl
7 Project Evaluation $75.00 Hour $100.00
Cleaning and descaling of pipeline
59
8 Jetter Cleaning $17.50 Foot
9 Mechanical Cleaning and Descaling
4"$30.00 Foot
6"$35.00 Foot
8"$45.00 Foot
CCTV of pipeline Minimum
10 Preline inspection
4"$3.00 Foot
6"$4.00 Foot
8"$5.00 Foot
11 PACP/LACP Report $1.50 Foot $150.00
12 Project Evaluation $75.00 Hour $100.00
Installation of CIPP
Installation of CIPP
Unit Price Units Cost
13 Resin Impregnated Liner
4"$185.00 Foot
6"$205.00 Foot
8"$225.00 Foot
14 Calibration Tube
4"incl
6"incl
8"incl
15 Branch line reinstatements
3"$500.00 ea
60
4"$750.00 ea
6"$1,000.00 ea
8"$1,250.00 ea
Site Cleanup Minimum
16 Demobilization $50.00 Extra Piece $0.00
17 Exit conference $75.00 Hour $100.00
61
EXHIBIT B
62
City of Bozeman Term Contract:
Task Order Number #
PROJECT:
Issued under the authority of City of Bozeman Term Contract Professional Services Agreement With:
For:
This Task Order is dated between:
and
The following representatives have been designated for the work performed under this Task Order
City:
Contractor:
SCOPE OF WORK:
COMPENSATION
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have
executed this Task Order:
City of Bozeman
63
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 1 of 15
PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT
THIS AGREEMENT is made and entered into this _____ of February, 2024, 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, S. Conley Support, LLC., 384 Gallatin Park Dr., Suite 201, Bozeman, MT 59715,
hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter into this agreement with Contractor to provide HVAC Sales,
Installation, and Service, as requested by the City through issuance of individual,
consecutively numbered Task Orders on an as needed and requested basis.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will
expire on January 1, 2029, unless extended or terminated as specifically provided for within
the agreement.
3. Scope of Work: Contractor will perform the work and provide the services in accordance
with the requirements of the Scope of Services. The Contractor will perform the specific
services and schedule as mutually agreed upon by City and Contractor and included in each
individual Task Order executed under the authority of this Agreement. Task Orders shall be in
a format similar to EXHIBIT B, attached and made part of this Agreement. For conflicts
between this Agreement and the Scope of Services the Agreement governs.
4. Payment: The terms of compensation to Contractor shall be agreed upon and included in each
Task Order. The task order amount shall be based on the rates specified in EXHIBIT A. City
agrees to pay Contractor the amount specified in the individual Task Orders. 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
64
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 2 of 15
additional charge over and above the amount listed in EXHIBIT A. 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. For each individual Task Order, Contractor will familiarize itself with the nature and
extent of the assignment, 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 and will provide a mutually agreeable Scope of
Services for each Task Order.
c. Contractor represents to City that it has the experience and ability to perform the
services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill ordinarily used by member
in the same profession practicing at the same time and in the same locality; that it has
the power to enter into and perform this Agreement and grant the rights granted in it;
and that its performance of this Agreement shall not infringe upon or violate the rights
of any third party, whether rights of copyright, trademark, privacy, publicity, libel,
slander or any other rights of any nature whatsoever, or violate any federal, state and
municipal laws. The City will not determine or exercise control as to general
procedures or formats necessary to have these services meet this standard of care.
6. Independent Contractor Status/Labor Relations:
a. 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.
b. Contractor shall comply with the applicable requirements of the Workers’
Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of
65
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 3 of 15
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.
c. 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.
d. 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.
e. Contractor shall indemnify 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:
a. 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 and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is
inherently or intrinsically dangerous) or damages of whatever kind or nature connected
therewith and without limit and without regard to the cause or causes thereof or the
negligence of any party or parties that may be asserted against, recovered from or
suffered by the City occasioned by, growing or arising out of or resulting from or in
any way related to: (i) the negligent, reckless, or intentional misconduct of the
66
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 4 of 15
Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the
Contractor’s agents;
b. For the 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.
c. Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations
of this Section must not be construed to negate, abridge, or reduce any common-law
or statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s).
d. Contractor’s indemnity under this Section shall be without regard to and without any
right to contribution from any insurance maintained by City.
e. 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.
f. In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses
of suit.
g. Contractor also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person
or property arising from, growing out of, or in any way connected with or incident to
the performance of this Agreement except “responsibility for his own fraud, for willful
injury to the person or property of another, or for violation of law, whether willful or
negligent” as per 28-2-702, MCA.
67
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 5 of 15
h. These obligations shall survive termination of this Agreement and the services
performed hereunder.
i. In addition to and independent from the above, Contractor shall at Contractor’s
expense secure insurance coverage through an insurance company or companies duly
licensed and authorized to conduct insurance business in Montana which insures the
liabilities and obligations specifically assumed by the Contractor in this Section. The
insurance coverage shall not contain any exclusion for liabilities specifically assumed
by the Contractor in subsection (a) of this Section.
j. 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 and 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 and annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000
annual aggregate; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
k. The above amounts shall be exclusive of defense costs. The City of Bozeman, its
officers, agents, and employees, shall be endorsed as an additional or named insured
on a primary non-contributory basis on both the Commercial General and Automobile
Liability policies. The insurance and required endorsements must be in a form suitable
to City and shall include no less than a thirty (30) day notice of cancellation or non-
renewal. The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work. 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.
68
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 6 of 15
l. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not
be required to provide bonds as required by 18-2-201(1) for individual task orders
under this Agreement. Bonds may be waived as allowed under 18-2-201(4) for
individual task orders.
8. Inspection and Testing:
a. City has the right to inspect and test any and all work performed by Contractor under
a task order’s scope of services, referred to as the “Project”, executed under the
authority of this Agreement. Contractor shall allow City and its agents access to the
Project at all times and shall provide every reasonable facility for the purpose of such
inspection and testing, including temporarily discontinuing portions of the work or
uncovering or taking down portions of the finished work. Any inspection and testing
performed by the City and its agents is for the sole benefit of the City and shall not
relieve the Contractor of its duty, responsibility, and obligation to ensure that the work
strictly complies with the Agreement terms and conditions and all applicable laws and
building and safety codes. City’s inspection and testing shall not be deemed or
considered acceptance by the City of any portion of the Project. City’s inspection and
testing shall not serve to nullify, amend, or waive any warranties provided by the
Contractor under this Agreement.
b. Contractor shall, without charge, replace any material or correct any work found by
the City or its agents to be defective or otherwise not in compliance with the terms and
conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the
City may take such corrective action, either with its own materials and employees or
by retaining any third party to do so, and deduct the cost and expense of such corrective
action from the Contractor’s compensation.
9. Partial Utilization of the Project: City shall have the right to use or occupy any portion of
the Project that City and Contractor mutually agree is substantially completed and constitutes
a separately functioning and usable part of the Project for its intended purpose without
significant interference with Contractor’s performance of the remaining portions of the
Project. In the event City takes possession of any portion of the Project, such possession shall
not be deemed an acceptance of the Project, in whole or in part. City’s use of any portion of
the Project shall not be grounds for extensions of any construction deadlines or a change in
69
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 7 of 15
the Contractor’s compensation. Contractor’s warranties shall run from the completion of the
total Project and not from the date the City may take possession of selected portions of the
Project.
10. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through
its own employees or by contract with any third party, from performing other work related to
the Project at the construction site; provided such related work is not otherwise addressed in
this Agreement and provided such related work does not otherwise interfere with Contractor’s
performance of this Agreement or the completion of the Project. Contractor shall afford any
City employee, agent or representative, or any third party under contract with the City to
perform the related work, proper and safe access to the construction site, a reasonable
opportunity for the introduction and storage of materials and equipment, the opportunity to
perform the related work, and shall properly coordinate the Contractor’s work on the Project
with the related work.
11. Contractor’s Warranties: Contractor represents and warrants as follows:
a. Unless otherwise specified by the terms of the Task Order, all materials and equipment
used by Contractor on the Project shall be new and where not otherwise specified, of
the most suitable grade for their intended uses.
b. All workmanship and materials shall be of a kind and nature acceptable to the City.
c. All equipment, materials, and labor provided to, on, or for the Project must be free of
defects and nonconformities in design, materials, and workmanship for a minimum
period beginning with the commencement of the work on the Project and ending one
(1) year from the final completion and acceptance by the City of the Project, regardless
of whether such equipment, materials, or labor were supplied directly by Contractor
or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on
materials that provide for a warranty period longer than one year apply for the period
of that express warranty and are not reduced by this provision. Upon receipt of City’s
written notice of a defective or nonconforming condition during the warranty period,
Contractor shall take all actions, including redesign and replacement, to correct the
defective or nonconforming condition within a time frame acceptable to the City and
at no additional cost to the City. Contractor shall also, at its sole cost, perform any
tests required by City to verify that such defective or nonconforming condition has
been corrected. Contractor warrants the corrective action taken against defective and
70
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 8 of 15
nonconforming conditions for a period of an additional one (1) year from the date of
City’s acceptance of the corrective action.
d. Contractor and its sureties are liable for the satisfaction and full performance of all
warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the completion
of the Project and Contractor, or its duly authorized representative assigned to serve
as the Construction Project Manager, shall be personally present at the site of the
Construction Project during working hours for the term of this Agreement until the
completion of the Project.
f. Contractor shall have a complete, accurate, and up-to-date set of construction plans,
drawings, and specifications on site at all times.
g. Contractor has examined all available records and made field examinations of the site
of the Project. Contractor has knowledge of the field conditions to be encountered
during the Project. Contractor has knowledge of the types and character of equipment
necessary for the work, the types of materials needed and the sources of such materials,
and the condition of the local labor market.
h. Contractor is responsible for the safety of the work and shall maintain all lights,
guards, signs, temporary passages, or other protections necessary for that purpose at
all times.
i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair
or replace all damage and loss at its sole cost and expense regardless of the reason or
cause of the damage or loss; provided, however, should the damage or loss be caused
by an intentional or negligent act of the City, the risk of such loss shall be placed on
the City.
j. Contractor is responsible for any loss or damage to materials, tools, or other articles
used or held for use in the completion of performance of the Project.
k. Contractor’s performance must be without damage or disruption to any other work or
property of the City or of others and without interference with the operation of existing
machinery or equipment.
71
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 9 of 15
l. Title to all work, materials, and equipment covered by any payment of Contractor’s
compensation by City, whether directly incorporated into the Project or not, passes to
City at the time of payment, free and clear of all liens and encumbrances.
12. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms
or conditions of this Agreement, the City may, by written notice, terminate this
Agreement or any individual Task Order under 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.
13. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City, make it
advisable to the City to cease performance under this Agreement; the City may
terminate this Agreement or any Task Order under 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.
72
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 10 of 15
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 or any Task Order under this Agreement and make every reasonable effort
to refrain from continuing work, incurring additional expenses or costs under this
Agreement or any Task Order 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.
14. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s
damages shall be limited to contract damages and Contractor hereby expressly waives
any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost
profits damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or nature,
Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim, within 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.
15. Representatives:
73
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 11 of 15
a. City’s Representative: The City’s Representative for the purpose of this Agreement
shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City
shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such
communication or submission shall be directed to the City’s Representative and
approvals or authorizations shall be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not available,
Contractor may direct its communication or submission to other designated City
personnel or agents 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 Ryan DeBruycker 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.
16. 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.
74
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 12 of 15
17. 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.
18. Nondiscrimination and Equal Pay:
a. 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.
b. 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.
c. Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
a. 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
75
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 13 of 15
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.
b. 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 his employees and agents in safe work
practices.
20. 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 City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
21. 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.
22. Non-Waiver: A waiver by either party any default or breach by the other party of any terms
or conditions of this Agreement does not limit the other party’s right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
23. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this
Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing Party 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.
76
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 14 of 15
24. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate
employee withholdings.
25. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel
from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator
to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the date the
dispute was first raised, then such dispute may only be resolved in a court of competent
jurisdiction in compliance with the Applicable Law provisions of this Agreement.
26. Survival: Contractor’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
27. Headings: The headings used in this Agreement are for convenience only and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs
to which they refer.
28. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance
thereof shall continue in effect.
29. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives, successors, and assigns of the parties.
31. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does
not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by
a third party.
32. Counterparts: This Agreement may be executed in counterparts, which together constitute
one instrument.
77
Professional Services Master Task Order Agreement for HVAC Sales and Service
Page 15 of 15
33. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement
of the parties. Covenants or representations not contained therein or made a part thereof by
reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made
prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically
made a part of this Agreement by reference.
34. Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title
30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA S. CONLEY SUPPORT, LLC
CONTRACTOR
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
78
EXHIBIT A
79
S. Conley Support - Service technician rates
Labor Rate $179.00
Weekend or Overtime labor rate $268.50
Holiday labor rate $358.00
Truck Charges per trip within 35 mile radius of Bozeman $50/trip
80
EXHIBIT B
81
City of Bozeman Term Contract:
Task Order Number #
PROJECT:
Issued under the authority of City of Bozeman Term Contract Professional Services Agreement With:
For:
This Task Order is dated between:
and
The following representatives have been designated for the work performed under this Task Order
City:
Contractor:
SCOPE OF WORK:
COMPENSATION
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have
executed this Task Order:
City of Bozeman
82
Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
Alex Nordquest, City Forester
Brian Heaston, Interim Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
G3, Green Gardens Group, LLC. for a Bozeman Watershed Wise Landscape
Webinar Series
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
G3, Green Gardens Group, LLC. for a Bozeman Watershed Wise Landscape
Webinar Series.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The core objective of the City’s water conservation program is to educate
and empower residents to use water efficiently. In 2021, 2022, and 2023
the City hired the Environmental Protection Agency’s WaterSense®
accredited Green Gardens Group to host their Watershed Wise Landscape
Webinar Series for Bozeman residents to provide them with the knowledge
to increase outdoor water use efficiency through landscape and irrigation
changes. Dozens of community members signed up for the Webinar Series
each year and overwhelmingly provided positive feedback about the
content.
With fifty percent of summer water use going into lawns and landscapes,
expanding efficient outdoor water use practices in the community is central
to reducing overall water demand and extending the reach of the City’s
current reliable water supply.
The City would like to offer the Green Gardens Group Watershed Wise
Landscape Webinar Series to customers in 2024. The Webinar Series
provides comprehensive guidance to water customers regarding landscaping
basics, turf removal and organic maintenance, drip irrigation, cost effective
landscaping, tree care, and drought tolerant landscape design through an
interactive online program. Throughout the webinars, attendees are invited
to submit their questions in the online Q/A chat box. Live responses to
questions will be provided by professional landscape designers and various
polls create an interactive environment and an opportunity to engage the
audience.
83
In a collaborative effort, the Forestry Division of our Parks & Recreation
Department will fund the tree care webinar portion. The Forestry Division
shares the goal of public education pertaining to landscapes and efficient
watering for the benefit of healthier trees. The webinar would also align
with the City’s Urban Forest Management Plan, which recommends
increased community engagement to support a holistic, sustainable urban
forestry program.
Taught by experienced landscape designers through a series of six interactive
online courses, these topics will again provide water customers with the
information needed to transform their landscape to improve water quality
and reduce water use. All course content is customized for the City of
Bozeman and would be offered to customers throughout the month of May
2024.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:Total costs for this project equal $10,000.00. A total of $8,450.00 will be
paid for out of the Water Conservation Division professional services fund
and $1,550.00 will be paid for out of the Forestry Division professional
services fund.
Attachments:
Professional Services Agreement_G3_Water Wise Landscape
Webinar Series 2024.pdf
Exhibit A_G3_Scope of Services 2024 .pdf
Report compiled on: February 13, 2024
84
Professional Services Agreement for Watershed Wise Landscape Webinar Series FY 2024 Page 1 of 10
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2024
(“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, G3, Green Gardens Group, LLC., 149 S. Barrington
Ave. #758, Los Angeles, CA 90049, hereinafter referred to as “Contractor.” The City and Contractor
may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 27th day of February, 2025, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
85
Professional Services Agreement for Watershed Wise Landscape Webinar Series FY 2024 Page 2 of 10
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
86
Professional Services Agreement for Watershed Wise Landscape Webinar Series FY 2024 Page 3 of 10
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
87
Professional Services Agreement for Watershed Wise Landscape Webinar Series FY 2024 Page 4 of 10
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
88
Professional Services Agreement for Watershed Wise Landscape Webinar Series FY 2024 Page 5 of 10
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
89
Professional Services Agreement for Watershed Wise Landscape Webinar Series FY 2024 Page 6 of 10
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Jessica Ahlstrom, Water Conservation Program Manager, or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Pamela Berstler, CEO G3, Green Gardens Group, LLC.
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
90
Professional Services Agreement for Watershed Wise Landscape Webinar Series FY 2024 Page 7 of 10
communication shall be directed to Contractor’s Representative; provided, however, that in
exigent circumstances when Contractor’s Representative is not available, City may direct its
direction or communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
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).
91
Professional Services Agreement for Watershed Wise Landscape Webinar Series FY 2024 Page 8 of 10
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
92
Professional Services Agreement for Watershed Wise Landscape Webinar Series FY 2024 Page 9 of 10
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
93
Professional Services Agreement for Watershed Wise Landscape Webinar Series FY 2024 Page 10 of 10
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA G3, Green Gardens Group, LLC.
By________________________________ By__________________________________
Chuck Winn, Acting City Manager Pamela Berstler, CEO
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
94
Exhibit A: Scope of Services
G3, Green Gardens Group LLC. Watershed Wise Landscape Webinar Series
I. Introduction
This document outlines the tasks to be completed by G3, Green Gardens Group LLC.,
(hereinafter “Contractor”) for the Watershed Wise Landscape Webinar Series for the City of
Bozeman, Department of Public Works (hereinafter “City”), 20 East Olive Street Bozeman,
Montana 59715.
II. Purpose
The City requires an organization with the skills and expertise to host a watershed wise
landscape webinar series to educate and inspire Bozeman residents to establish beautiful low
water use landscapes and reduce outdoor water use. Bozeman residents have expressed interest
in gaining a better understanding on how to transform high water use lawns into water-efficient
landscapes. The intent of this project is to provide Bozeman residents with the knowledge to
make water-saving landscape transformations from an accredited WaterSense® professional
certifying organization.
III. Scope of Services
Contractor will provide an interactive online program consisting of six classes to educate, inspire
and motivate homeowners to transform yards into watershed-wise landscapes. Throughout the
webinars, attendees are invited to submit their questions in the online Q/A chat box. Live
responses to questions will be provided by professional landscape designers and various polls
create an interactive environment and an opportunity to engage the audience.
Learning Objectives:
• Evaluate a property as though it were a mini-watershed
• Use Soil Food Web principles to remove lawn without chemicals and build living soil
• Size and site a rain capture area that holds onto first flush
• Review irrigation methods and practices to maximize water use efficiency
• Select and place plants on a property according to water needs and key design principles
• Tips and techniques to compost building for a healthy soil sponge
• Properly caring for trees
Description of Classes:
Each webinar within the series must have at least 5, but no more than 200 attendees. The webinar
series is to be completed in May 2024 and the format for each webinar within the series is as
follows:
• Instructors welcome attendees
• Discuss any relevant rebates or water conservation programs
• Fifty (50) or Eighty (80) minutes of instruction
95
• Ten (10) minutes Q/A at the end
• Follow up with links to resources and rebates as provided by City and Contractor
During the webinars, attendees are invited to submit their questions in the Q/A section. The live
responding to questions, as well as various polls, create an opportunity to engage the audience.
At the end of the workshop, polling is used to gather class evaluations, see what topics might be
of additional interest, and let attendees know about upcoming classes. Each webinar included in
the series is listed below:
Watershed Wise Landscaping – 60 minute webinar that discusses key principles of a Watershed
Wise Landscape, the recommended model for any landscape transformation program and
outlines the following information:
• Building healthy living soil
• Capturing passive rainwater
• Selecting local climate appropriate/native plants
• Using high efficiency irrigation
Turf: Remove, Replace, or Maintain It (Organically) – 60 minute webinar that discusses
removing and managing turf using the following information:
• Removing turf without the use of chemicals
• Replacing turf with climate appropriate plantings
• Keeping the turf in place but maintaining it in an organic manner
o Building soil for healthy lawns
o Properly irrigating a lawn
o Simple lawn care strategies to improve resilience
o Managing the big three: weeds, pests, and disease
Drip Irrigation Fundamentals – 60 minute webinar that details the following steps to an efficient
drip system:
• Understanding the Soil Moisture Balance
• Key components of a properly installed drip system
• Typical problems with drip and how to avoid them
• Developing a successful maintenance practice
Protecting the Trees- 60 minute webinar that highlights the importance of tree health,
particularly during times of drought. Attendees learn about:
• Understanding how trees collaborate in the landscape
• Developing an irrigation strategy for efficiently watering trees
• Creating separate irrigation systems for trees planted in grass areas
• Developing a successful maintenance practice to ensure survival
96
Landscape Transformation on a Budget – 60 minute webinar helps attendees navigate the overwhelming and cost prohibitive factors associated with a landscape transformation. This
webinar helps attendees understand the expenses, prioritize the choices, and determine how to
minimize costs and includes the following information:
• Understanding key elements of a garden
• How to make priorities if your budget is limited
• Invest in a professional, or do it yourself
• Get creative with materials and techniques
Garden Design Workshop – 90 minute webinar that takes attendees through the step-by-step
process of creating a successful watershed wise design and include the following information:
• Raingarden design and placement
• Selecting a plant palette
• Role of native plants
• Layout recommendations
• Design considerations
IV. Contractor Responsibilities
Contractor shall:
• Set up a secure calendar of classes and online registration database through Contractor’s
website to manage and deliver the webinar program via Zoom online meeting platform;
• Communicate with participants through email as needed before the webinar takes place,
including registration confirmation and reminders;
• Provide two G3 Qualified Instructors for each webinar; one instructor to lead the webinar
and another instructor to be available throughout the webinar to answer questions
submitted by attendees via the Q/A chat box, manage polls, and provide backend support
during events;
• Minimum class size is 5, maximum is 200;
• Manage webinar program to deliver the classes (Zoom);
• Set up secure on-line calendar and participant registration site;
• Manage registration, confirmations, and communications with participants;
• Ensure that the class curriculum is regionally appropriate within the Bozeman service
area. All customized content shall be approved by City;
• Provide City with registration and attendance detail;
• Collect, tally and submit class evaluation forms;
• Invoice in a timely manner.
V. City Responsibilities
City shall:
• Provide webinar advertising and marketing to the public;
97
• Provide Contractor with access to relevant images and information to be used in
customizing webinars for regional appropriateness;
• Provide links to resources and information on relevant programs;
• Provide input and final approval of customized class content;
• Attend each webinar;
• Pay invoices for workshop preparation and instruction in a timely manner.
VI. Cost and Timeline
The six webinars included in the Watershed Wise Landscape Webinar Series are to be hosted
one time each in May 2024. The total cost to host each of the six webinars once, plus a one-time
customization fee for the Landscape Transformation on a Budget class, totals $10,000.00.
Cost: $250.00 $1,550.00 $1,550.00 $1,550.00 $1,550.00 $1,550.00 $2,000.00 TOTAL: $10,000.00
One-time Customization Fee for the Landscape Transformation on a Budget
Watershed Wise Landscaping Class
Turf: Remove, Replace or Maintain It (Organically) Class
Drip Irrigation Fundamentals Class
Protecting the Trees Class
Landscape Transformation on a Budget
Garden Design Workshop Class
If after the third presentation of a webinar topic of Contractor’s curriculum, City wishes to take
over the instructions, each webinar can be licensed indefinitely for a one-time payment of
$750.00 per presentation. This does not include the Protecting the Trees class and Landscape
Transformation on a Budget class. The license includes both virtual and in-person rights to the
presentations. The license is limited to the Bozeman, MT service area. The Contractor retains all
intellectual property rights to the material.
98
Memorandum
REPORT TO:City Commission
FROM:Griffin Nielsen, Project Engineer
Brian Heaston, Interim Director of Utilities
SUBJECT:Authorize the City Manager to execute Task Order No. 2 of the Professional
Services Master Task Order Agreement with the firm of AE2S providing
engineering services for the following three sub-tasks at the City of Bozeman
Water Treatment Plant: Hyalite Earthen Embankment Condition
Investigation, WTP Pretreatment Basin Geometry Modifications, and WTP
Fluoride Containment Access Improvements
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to execute Task Order No. 2 of the Professional
Services Master Task Order Agreement with the firm of AE2S providing
engineering services for the following three sub-tasks at the City of Bozeman
Water Treatment Plant: Hyalite Earthen Embankment Condition
Investigation, WTP Pretreatment Basin Geometry Modifications, and WTP
Fluoride Containment Access Improvements.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:AE2S provides professional engineering services on an on-call basis for the
City of Bozeman Water Treatment Plant (WTP) under a Master Task Order
Agreement entered into on March 22, 2022. Attached is Task Order No. 2
providing for engineering services for the following three sub-tasks,
identified as phases within the attached scope and fee: Hyalite Earthen
Embankment Conditions Investigation, WTP Pretreatment Basin Geometry
Modifications, and Fluoride Injection Pump Containment Access
Improvements. The sub-tasks have been included within a single task order
to reduce the administrative effort on both the City’s and consultant’s side,
increasing efficiency and reducing cost.
The Hyalite Earthen Embankment Conditions Investigation sub-task will
authorize AE2S to perform a visual inspection and assessment of the hyalite
diversion earthen embankment to evaluate seepage and stability and
provide recommendations for further investigation if necessary. The
investigation has been prompted by City staff observing ponding of water
below the embankment during their routine inspections which can be an
indicator of potential instability.
99
The WTP Pretreatment Basin Geometry Modifications will provide
construction drawings for demolition and improvements to the equalization
ports between the pretreatment baffles at the WTP. The improvements will
facilitate routine cleaning and sediment removal within the pretreatment
basins.
The Fluoride Injection Pump Containment Access sub-task will evaluate
options to improve access to the fluoride injection pump located within the
fluoride concrete containment basin at the WTP. Currently, access to the
pump is extremely challenging requiring WTP staff to enter a confined space
with limited clearances within the fluoride containment basin to perform
regular maintenance on the pump. The evaluation will consider two options
to allow for access to the fluoride pump without the need for staff to enter
the containment basin.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:The task order with AE2S comes at a total cost not to exceed $18,250 with
funding provided by the Water Treatment Plants Operations Budget (Fund
600-4610-441.5050). The Water Treatment Plants Operations Budget has a
fund balance of $50,000 to cover On-call Engineering Services, as such
adequate funds exist.
Attachments:
Task Order No. 2_WTP On-call Engineering PSA_AE2S.pdf
Report compiled on: February 8, 2024
100
Bozeman Professional Services Master Task Order Agreement Dated: March 22, 2022 Task Order 2 | P05097-2022-026 – Bozeman WTP Services | FY 24 Page 1 of 2 Professional Services Master Task Order Agreement Dated March 22, 2022 TASK ORDER NUMBER: 2 Issued under the authority of Professional Services Master Task Order Agreement between the City of Bozeman and Advanced Engineering and Environmental Services, LLC for WTP On-Call Engineering Services (Agreement) dated March 22, 2022. This is a Task Order dated ________________, 2024, between City of Bozeman (City) and Advanced Engineering and Environmental Services, LLC (Consultant). The following representatives have been designated for the work performed under this Task Order: City: Griffin Nielsen, PE Consultant: Brian Viall, PE – Project Manager Project Name: P05097-2022-026: Bozeman WTP Services | FY 24 • Phase 020: Hyalite Earthen Embankment Condition Investigation • Phase 030: WTP Fluoride Containment Access Improvements • Phase 031: WTP Pretreatment Basin Geometry Modifications SCOPE OF WORK: The Scope of Work is generally defined in Attachment 1: Scope and Fee Estimate Summary for On-Call Services Task Order 2 (Attachment 1) incorporated herein by reference. COMPENSATION: 1. City agrees to pay Consultant for rendering services associated with this Task Order at Standard Hourly Rates and for Reimbursable Expenses up to an amount not to exceed $18,250.00 without written authorization from the parties agreeing to an increase in Consultant’s compensation limit. 2. Budget’s for each Phase Identified in this Task Order shall be managed as a discrete sum. Engineer Consultant may neither alter the distribution of compensation between individual phases nor exceed any phase specific Ffee Eestimate amount unless approved in writing by the Owner City per the tTerms of the Agreement. 3. Consultant shall be reimbursed at Standard Hourly Rates and for Reimbursable Expenses in Accordance with Consultant’s 2024 Hourly Fee and Expense Schedule. 4. Personnel anticipated to provide the majority of the Scope of Work – exclusive of personnel providing administrative and incidental labor – are identified in the Personnel Section of Attachment 1 along with their respective Labor Classifications as of the effective date of this Task Order. 5. Consultant shall invoice no more often than monthly for services provided in the previous pay period. The provisions of the Professional Services Master Task Order Agreement dated March 22, 2022 and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: 101
Bozeman Professional Services Master Task Order Agreement Dated: March 22, 2022 Task Order 2 | P05097-2022-026 – Bozeman WTP Services | FY 24 Page 2 of 2 City of Bozeman Consultant By: By: Title: Title: Operations Manager _________ Date: Date: Fed. ID. No. 102
Page 1 of 4 https://ae2s.sharepoint.com/sites/05097-2020-011BozemanWTPOn-CallServices_FY22-24/Shared Documents/Bozeman WTP On Call 2024/0.0 Project Administration/0.2 Contracts/2 - Attachment 2 - Hyalite_Flouride_PTB.docx Bozeman, Montana P05097-2022-026: Bozeman WTP On-Call Services TASK ORDER NO. 2 | FY 2024| PHASES 020; 030; & 031. DATE OF PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT: MARCH 22, 2022 EFFECTIVE DATE OF TASK ORDER:______________________ Attachment 1: Scope and Fee Estimate Summary for On-Call Services Task Order 2 Phase 020 – Hyalite Earthen Embankment Condition Investigation Objective: • Perform a preliminary site review and condition investigation of the earthen dam at the Bozeman Hyalite Creek raw water intake structure. o The condition investigation is to be based solely on the following: Visual observation of the dam surface as existing on the day of the investigation. Conversations with City of Bozeman Operations Staff. o No sub-surface investigation will be performed. Deliverables: • Technical Memorandum Summarizing preliminary geotechnical assessment. Schedule: • Complete Technical Memorandum prior to February 29, 2024. Fee Estimate • $6,600.00 – Standard Hourly Rates 103
Page 2 of 4 https://ae2s.sharepoint.com/sites/05097-2020-011BozemanWTPOn-CallServices_FY22-24/Shared Documents/Bozeman WTP On Call 2024/0.0 Project Administration/0.2 Contracts/2 - Attachment 2 - Hyalite_Flouride_PTB.docx Phase 030 – WTP Pretreatment Basin Geometry Modifications Objective: • To modify geometry of the existing Pretreatment Sedimentation Basins per City of Bozeman’s requested modifications to facilitate maintenance cleaning of basins. Deliverables: • Certified Structural Construction Drawings (anticipated to be three pages maximum): o Structural General Sheet o Structural Demo and Improvements o Structural Details (as needed) Schedule: • Provide Construction Drawings on or before March 15, 2024. Fee Estimate • $4,650.00 – Standard Hourly Rates Assumptions: • Separately published specifications sections are specifically excluded from this deliverable package. • Procurement Services are excluded from this deliverable. • Owner may request Engineer’s Services to solicit proposals from potential contractors, but those services will entitle Engineer to equitable adjustment in compensation to be mutually agreed upon in writing prior to rendering services. 104
Page 3 of 4 https://ae2s.sharepoint.com/sites/05097-2020-011BozemanWTPOn-CallServices_FY22-24/Shared Documents/Bozeman WTP On Call 2024/0.0 Project Administration/0.2 Contracts/2 - Attachment 2 - Hyalite_Flouride_PTB.docx Phase 031 – Fluoride Injection Pump Containment Access Improvements Objective: • Improve access to Fluoride Injection Pumps by detailing and analyzing 2 alternatives for the addition of access hatches through the cast in place concrete containment walls. Deliverables: • Conceptual Construction Drawings: o Demo Drawings of Alternative 1 and Alternative 2 o Improvements of Alternative 1 and Alternative 2 • Analysis Summary o Brief Technical Memorandum to compare: Operational Pros and Cons Construction Impacts Engineer’s Opinion of Probable Construction Cost Construction Procurement Recommendations. • Specifications: o Manufacturer’s cut-sheet of proposed hatch(es). Schedule: • Provide Conceptual Drawings on or before March 15, 2024 Fee Estimate • $7,000.00 – Standard Hourly Rates Assumptions: • Design excludes instrumentation and controls design and/or services. • Owner will provide Product Data Sheet for exact fluoride solutions intended to be contained by hatch. 105
Page 4 of 4 https://ae2s.sharepoint.com/sites/05097-2020-011BozemanWTPOn-CallServices_FY22-24/Shared Documents/Bozeman WTP On Call 2024/0.0 Project Administration/0.2 Contracts/2 - Attachment 2 - Hyalite_Flouride_PTB.docx Consultant’s 2022 Hourly Fee and Expense Schedule Labor Category Rates: Administrative 1 $67.00 Administrative 2 $82.00 Administrative 3 $99.00 Engineering Assistant 1 $88.00 Engineering Assistant 2 $103.00 Engineering Assistant 3 $130.00 Engineer 1 $140.00 Engineer 2 $168.00 Engineer 3 $197.00 Engineer 4 $228.00 Engineer 5 $244.00 Engineering Technician 1 $87.00 Engineering Technician 2 $109.00 Engineering Technician 3 $131.00 Engineering Technician 4 $146.00 Engineering Technician 5 $167.00 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 Total Station – Robotic $35.00/hour Mapping GPS $25.00/hour Fast Static/RTK GPS $50.00/hour All-Terrain Vehicle/Boat $100.00/day Cellular Modem $75.00/month Web Hosting $26.00/month Legal Services Reimbursement $250.00/hour Outside Services cost *1.15 Geotechnical Services cost *1.30 Out of Pocket Expenses cost*1.15 Rental Car cost*1.20 Project Specific Equipment Negotiable Personnel: Employee Labor Classification Brian Viall, PE Engineer 4 Aidan Scheffel, EIT Engineering Assistant 2 Kirk Ehlke, PE Engineer 3 Twila Kemp Engineering Technician 5 Jon Miller Engineering Technician 3 106
FY 24 | Phase 020: Hyalite Intake Earthen Embankment Condition Investigation ESTIMATED FEE SUMMARY:Bozeman WTP On-Call Services: FY '24Personnel:Viall, B.Role:PMClassification:ENGR IV2024 Rates:$2201TASKSTOTALS:Phase 023: Hyalite Intake Bypass Dam Condition AssessmentTask 01: Project ManagementProject Development4Site Investigation3Project Administration / Communications / Invoices5TASK HOURS12TASK FEE:2,700.00$ Task 095: ExpensesTD&H Geotechnical Sub-Consultant3,900.00$ TASK FEE:3,900.00$ ESTIMATED TOTAL FEE:6,600.00$ 107
FY 2024 | Phase 030: Pretreatment Basin Geometry Modifications ESTIMATED FEE SUMMARY:Bozeman WTP On-Call Services: FY '24Personnel:Viall, B., PEEhlke, K., PEMiller, J.Role:PMStructural Engr.DraftingClassification:ENGR IVENGR IIIENGR TECH III2022 Rates:$228$197$131TASKSTOTALS:Phase 030: Pretreatment Basin Geometry ModificationsTask 01: Project ManagementProject Planning1Project Communications1Project Administration1Project Meetings1QA/QA2TASK HOURS600TASK FEE:1,370.00$ Task 02: Concrete Wall AssessmentExisting Conditions Review4Modeling4Demolition Details22Construction Details24Construction Notes2TASK HOURS01010TASK FEE:3,280.00$ ESTIMATED TOTAL FEE:4,650.00$ 108
FY 2024 | Phase 031: Fluoride Containment Access Improvements ESTIMATED FEE SUMMARY:Bozeman WTP On-Call Services: FY '24Personnel:Viall, B., PEScheffel, A.Ehlke, K., PEKemp, T.Role:PMEITStructural Engr.DraftingClassification:ENGR IVENGR IIENGR IIIENGR TECH V2022 Rates:$228$169$177$167TASKSTOTALS:Phase 031: Fluoride Containment Access ImprovementsTask 01: Project ManagementProject Planning1Project Communications1Project AdministrationProject Meetings1QA/QA1TASK HOURS4000TASK FEE:920.00$ Task 02: Concrete Wall AssessmentExisting Conditions Review2Modeling44Chemical Data Sheet and Compatibility Review1.5Demolition Details1.53Construction Details11.54Construction Notes11.522Technical Memorandum142TASK HOURS2.1616413TASK FEE:6,080.00$ ESTIMATED TOTAL FEE:7,000.00$ 109
FEE
Phase 020 Hyalite Earthen Embankment Condition Investigation 6,600.00$ Phase 030 WTP Fluoride Containment Access Improvements 4,650.00$ Phase 031 WTP Pretreatment Basin Geometry Modifications 7,000.00$ 18,250.00$ Total Fee Estimate: Standard Hourly Rates
Bozeman WTP On-Call Services: FY '24 Basis of Compensation
Standard Hourly Rates
Standard Hourly Rates
Standard Hourly Rates
110
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Strategic Services Director
Max Ziegler, Facilities Project Coordinator
SUBJECT:Authorize the City Manager to Sign Amendment 1 to Professional Services
Agreement with TD&H Engineering for Structural Special Inspections and
Materials Testing for the Construction of Fire Station 2
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Amendment 1 to Professional Services
Agreement with TD&H Engineering for structural special inspections and
materials testing for the construction of Fire Station 2
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman voters on November 2, 2021 approved a bond issue to
fund the construction of a replacement for the existing Fire Station #2. On
February 8, 2022 the City of Bozeman signed a construction agreement with
Martel Construction Inc. for the construction of a new Fire Station #2. Martel
Construction has been given notice to proceed and construction is expected
to begin in April of 2023.
On construction projects involving structural work, Special Inspections are
required to ensure the adequacy of construction materials, fabrication, and
installation techniques. Special Inspections are required for building
components identified in the International Building Code (IBC) when the
design of these components is required to be performed by a professional
engineer or architect. Inspection items include fabricators for pre-
engineered structural components, fabrication processes for prefabricated
wood products, as well as for materials such as: concrete, masonry,
structural steel, high-load wood diaphragms, soils, and others including
special cases as determined by the building official.
A Request for Qualifications was published seeking qualifications from
professional engineering firms to provide special inspection services on the
Fire Station #2 Construction project. Responses were competitively
evaluated based upon the submitted statements of qualifications. TD&H
Engineering was selected as the most qualified respondent and their cost
proposal was accepted by the project team.
111
Anticipated Special Inspections for this project include Geotechnical,
Concrete, Masonry, Structural steel and wood, and asphalt.
The Professional Services Agreement for Special Inspections of the Fire
Station 2 Construction was approved by the City Commission during the April
25, 2023 Commission meeting.
During the course of construction, changes to the construction schedule for
the installation of CMU walls resulted in extension of the number of days to
complete the task. The construction of the CMU walls required by code to
have continuous inspections performed by the engineer providing special
inspection services. This extension resulted in 43 hours of work in additional
to the 240 hours budgeted for special inspector. TD&H Engineering received
change order approval from the project team to continue the inspections as
required, with the additional cost to be funded from project contingency.
This Amendment 1 is to include this additional incurred scope to the
Professional Services Agreement with TD&H Engineering for Special
Inspections and Materials Testing for the Construction of Fire Station 2,
approved by the City Commission on April 25.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:This contract amendment will incur a fixed cost of $4,340 for additional
services rendered to be funded by Fire Station 2 Construction project
contingency.
Attachments:
PSA Amendment 1 - TD&H Engineering - Special Inspections
and Materials Testing for Fire Station 2 Construction -
Combined.pdf
Report compiled on: February 13, 2024
112
First Amendment to Professional Services Agreement for Structural Special Inspections and Materials Testing for
the Construction of Fire Station 2
FY 2024 – FY 2025
Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Structural Special Inspections and Materials Testing for the Construction of Fire Station 2 dated
April 25, 2023, (the “Agreement”) is made and entered into this _____ day of ____________,
2024, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121
North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and TD&H Engineering, 234 E Babcock St #4, Bozeman,
MT 59715, 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. Modification of Scope: Section 3 of the Professional Services Agreement is modified to
include additional scope as specified in Exhibit A attached to this amendment.
2. Modification of Payment: Section 4 of the Professional Services Agreement is modified
to include additional fee as specified in Exhibit A attached to this amendment.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
113
First Amendment to Professional Services Agreement for Structural Special Inspections and Materials Testing for
the Construction of Fire Station 2
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 TD&H ENGINEERING
By________________________________ By_____________________________
City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
114
EXHIBIT A
115
MONTANA | WASHINGTON | IDAHO | NORTH DAKOTA | PENNSYLVANIA
406.586.0277
tdhengineering.com
234 East Babcock Street
Suite 3
Bozeman, MT 59715
December 15, 2023
Attn: Max Zeigler
City of Bozeman
121 North Rouse
Bozeman, MT 59718
RE: CITY OF BOZEMAN – FIRE STATION #2 CMU CHANGES
TD&H ENGINEERING JOB NO. B23-034
Dear Max,
Per our previous discussions our initial fee for the City of Bozeman Fire Station #2 project
was based on scheduling information available this spring. The basis of our initial fee
estimate was that the CMU inspections would take 240-hours for our inspectors. As
discussed, the CMU construction ended up taking significantly longer than anticipated
which required an increase in our efforts and total inspection time on the project. Working
with the City of Bozeman, the Design Team, and the Contractor we were able to help
reduce our efforts as the project progressed while still meeting the requirements of the IBC.
Now that the CMU inspections are complete, we can see the extents of those efforts took
an additional 43-hours of inspection on the CMU portion of this project. The additional
costs incurred by this effort are $4,340.
Please feel free to reach out to us if there are any questions or concerns. We appreciate
the opportunity to assist on this project.
Sincerely,
Scott Mahurin PE/SE
Structural Engineer
TD&H ENGINEERING
116
Memorandum
REPORT TO:City Commission
FROM:
Luke Kline, Parks and Recreation Contracts Coordinator
Mitch Overton, Parks and Recreation Department Director
SUBJECT:
Authorize the City Manager to Sign Second Amendment to the Professional
Services Agreement with Bozeman Site Services, LLC. for Landscape
Maintenance Services in the Parks and Trails District
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Second Amendment to the Professional
Services Agreement with Bozeman Site Services, LLC. for Landscape
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 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
February 2022, the Parks and Recreation Department conducted a request
for proposals process to acquire professional services required to maintain
parks grounds and landscape areas in the District. After careful evaluation
and review, Bozeman Site Services, LLC. was determined to be the most
qualified vendor for Parks and Trails District Landscape Maintenance
Services Zone 2 Parks. On April 12, 2022, the City entered into the
Agreement with Bozeman Site Services, 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. Bozeman Site
Services, LLC. has demonstrated the ability to provide comprehensive
117
landscape maintenance services for the City’s Parks and Trials District and
will continue complete services as defined and described in Attachment B:
PSA Bozeman Site Services, LLC. The Attachment A PSA Amendment 2
Bozeman Site Services, LLC. will extend the Agreement for an additional one
(1) year period and shall terminate on April 12, 2025. In no case, however,
may this agreement run longer than five (5) years from the original effective
date.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by 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 Bozeman Site Services
LLC_.pdf
Attachment B PSA Bozeman Site Services LLC..pdf
Report compiled on: February 8, 2024
118
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Landscape Maintenance Services Zone 2 dated April 12, 2022 (the “Agreement”) is made and entered into this _____ day of ____________, 2024, 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 Bozeman Site Services, LLC., PO Box 6800, Bozeman, MT
59771 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 April 12, 2022 is extended for an additional one (1) year
period. The Agreement shall terminate on April 12, 2025.
2.Section 4 Payment: The landscape maintenance services specified in Exhibit B of the
Professional Services Agreement between the City and the Contractor are clarified to
include updated pricing described in Exhibit A: Schedule of Services – Bozeman Site
Services LLC.
3.Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Second Amendment to Professional Services Agreement for Landscape Maintenance Services Zone 2 FY 2024 – FY 2025 Page 1 of 2
119
Second Amendment to Professional Services Agreement for Landscape Maintenance Services
Zone 2 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 BOZEMAN SITE SERVICES, LLC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
120
Customer:Proposal #2166 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Baxter Sq Pk
Sartain St
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$290.00
$275.00
$1,740.00
Weekly Turf Maintenance
Native Grass Mowing
Turf Granular Fertilization and
Weed Control
Noxious Weed Spray In Native
Areas
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Mow unirrigated, native grass area 2X per season. Minimum charge of $120.
See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
Spray for noxious weeds in native areas on property. 1X per season.
Minimum of $120.00. See attached map.$294.00
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit A: Schedule of Services
121
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 122
Customer:Proposal #2169 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Cattail Lakes Pk
Trout Meadows Rd
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$220.00
$1,804.00
$1,302.00
Weekly Turf Maintenance
Native Grass Mowing
Turf Granular Fertilization and
Weed Control
Noxious Weed Spray In Native
Areas
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Mow unirrigated, native grass area 1X per season. Minimum charge of $120.
See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
Spray for noxious weeds in native areas on property. 1X per season.
Minimum of $120.00. See attached map.$1,932.00
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 123
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 124
Customer:Proposal #2168 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Cattail Creek Pk Phase 3
Catron St
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$609.00
$887.00
$3,662.00
Weekly Turf Maintenance
Native Grass Mowing
Turf Granular Fertilization and
Weed Control
Noxious Weed Spray In Native
Areas
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Mow unirrigated, native grass area 1X per season. Minimum charge of $120.
See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
Spray for noxious weeds in native areas on property. 1X per season.
Minimum of $120.00. See attached map.$950.00
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 125
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 126
Customer:Proposal #2167 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Cattail Creek Pk A&B
Cattail St
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$1,253.00
$1,804.00
$7,872.00
Weekly Turf Maintenance
Native Grass Mowing
Turf Granular Fertilization and
Weed Control
Noxious Weed Spray In Native
Areas
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Mow unirrigated, native grass area 1X per season. Minimum charge of $120.
See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
Spray for noxious weeds in native areas on property. 1X per season.
Minimum of $120.00. See attached map.$1,932.00
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 127
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 128
Customer:Proposal #2170 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Creekwood Pk
Creekwood Dr
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$173.00
$177.00
$1,031.00
Weekly Turf Maintenance
Native Grass Mowing
Turf Granular Fertilization and
Weed Control
Noxious Weed Spray In Native
Areas
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Mow unirrigated, native grass area 1X per season. Minimum charge of $120.
See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
Spray for noxious weeds in native areas on property. 1X per season.
Minimum of $120.00. See attached map.$190.00
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 129
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 130
Customer:Proposal #2171 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Harvest Ck Pk
Hunters Way
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$2,027.00
$393.00
$11,209.00
Weekly Turf Maintenance
Native Grass Mowing
Turf Granular Fertilization and
Weed Control
Noxious Weed Spray In Native
Areas
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Mow unirrigated, native grass area 2X per season. Minimum charge of $120.
See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
Spray for noxious weeds in native areas on property. 1X per season.
Minimum of $120.00. See attached map.$420.00
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Bed Maintenance BSS will perform Weed and/or spray landscaped garden bed areas 2X per
month. Billed per hour. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 131
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 132
Customer:Proposal #2172 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Headlands Pk 1-4
Bridger Dr
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$269.00
$917.00
$1,551.00
Weekly Turf Maintenance
Native Grass Mowing
Turf Granular Fertilization and
Weed Control
Noxious Weed Spray In Native
Areas
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Mow unirrigated, native grass area 1X per season. Minimum charge of $120.
See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
Spray for noxious weeds in native areas on property. 1X per season.
Minimum of $120.00. See attached map.$982.00
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 133
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 134
Customer:Proposal #2173 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Legends Pk 1
Boylan Rd
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$203.00
$1,367.00
Weekly Turf Maintenance
Turf Granular Fertilization and
Weed Control
Noxious Weed Spray In Native
Areas
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
Spray for noxious weeds in native areas on property. 1X per season.
Minimum of $120.00. See attached map.$399.00
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Bed Maintenance BSS will perform Weed and/or spray landscaped garden bed areas 2X per
month. Billed per hour. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 135
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 136
Customer:Proposal #2175 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Legends Pk 2
Boylan Rd
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$594.00
$1,147.00
$4,099.00
Weekly Turf Maintenance
Native Grass Mowing
Turf Granular Fertilization and
Weed Control
Noxious Weed Spray In Native
Areas
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Mow unirrigated, native grass area 1X per season. Minimum charge of $120.
See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
Spray for noxious weeds in native areas on property. 1X per season.
Minimum of $120.00. See attached map.$409.00
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Bed Maintenance BSS will perform Weed and/or spray landscaped garden bed areas 2X per
month. Billed per hour. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 137
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 138
Customer:Proposal #2176 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Oak Meadows Pk
Oak Park Dr
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$567.00
$3,752.00
Weekly Turf Maintenance
Turf Granular Fertilization and
Weed Control
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 139
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 140
Customer:Proposal #2177 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Pine/Valley Meadow Pk
Meriwether Ave
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$172.00
$674.00
Weekly Turf Maintenance
Turf Granular Fertilization and
Weed Control
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 141
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 142
Customer:Proposal #2178 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Sandan Pk
Savannah St
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$552.00
$3,313.00
Weekly Turf Maintenance
Turf Granular Fertilization and
Weed Control
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 143
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 144
Customer:Proposal #2179 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 6, 2023 COB - Soroptomist Pk
Rouse Ave
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
Weekly Turf Maintenance Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
$76.00
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 145
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 146
Customer:Proposal #2180 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 6, 2023 COB - Village Downtown Pk
Village Downtown Blvd
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
Weekly Turf Maintenance Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
$65.00
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 147
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 148
Customer:Proposal #2181 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Walton Hstd Pk
15th Ave
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$191.00
$1,092.00
Weekly Turf Maintenance
Turf Granular Fertilization and
Weed Control
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 149
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 150
Customer:Proposal #2182 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - West Winds Pk
Buckrake Ave
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$2,076.00
$3,579.00
$15,601.00
Weekly Turf Maintenance
Native Grass Mowing
Turf Granular Fertilization and
Weed Control
Noxious Weed Spray In Native
Areas
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Mow unirrigated, native grass area 1X per season. Minimum charge of $120.
See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
Spray for noxious weeds in native areas on property. 1X per season.
Minimum of $120.00. See attached map.$3,834.00
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 151
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 152
Customer:Proposal #2183 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Westglen Pk
Meriwether Ave
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
$141.00
$744.00
Weekly Turf Maintenance
Turf Granular Fertilization and
Weed Control
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Apply slow release mix of granular fertilization and weed control spray to
designated Turf area. See attached Map.
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 153
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 154
Customer:Proposal #2184 Property:
Luke Kline
City of Bozeman
121 N. Rouse Ave.
Bozeman , MT 59718
Date: March 9, 2023 COB - Willow Pk
Michael Grove Ave
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE 23
BILLED PER SERVICE*
SERVICE DESCRIPTION PER SERVICE
Weekly Turf Maintenance $50.00
Native Grass Mowing $143.00
Noxious Weed Spray In Native
Areas
Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Mow unirrigated, native grass area 2X per season. Minimum charge of $120.
See attached map.
Spray for noxious weeds in native areas on property. 1X per season. Minimum
of $120.00. See attached map.
$157.00
BILLED AT TIME AND MATERIALS*
SERVICE DESCRIPTION PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$75.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$75.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$75.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$75.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$75.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$75.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$75.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$75.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 155
Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893 156
DocuSign Envelope ID: 351A0A95-3C52-4029-BCEF-3BE906CADC0B
Exhibit A
A irma io of 0 --1scr1 a 10n
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
_____ Bozeman Site Services, LLC ______ (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, ___ Bozeman Site Services, LLC ____ (name of entity submitting) hereby affirms it
will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has
visited the State of Montana Equal Pay for Equal Work "best practices" website, or equivalent "best
practices publication and has read the material.
__ Doug Duschene [Owner of Bozeman Site Services ____ _
Name and title of person authorized to sign on behalf of submitter
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson - Director of Strategic Services
Max Ziegler - Facilities Project Coordinator
SUBJECT:Authorize the City Manager to Sign Amendment 1 to Architectural Services
Agreement with A&E Design for Bozeman City Hall Renovation
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Amendment 1 to Architectural Services
Agreement with A&E Design for Bozeman City Hall Renovation
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Capital improvement project GF370 is a consolidated project consisting of
renovating office and public spaces in City Hall, retro commissioning the
building for improved energy efficiency, and enhancing points of staff /
public interaction through layout changes and security upgrades. The overall
project budget for GF370 is $1,500,000.
The first step in this project was conducting a thorough assessment of
building stakeholder needs to guide space allocation and organization of
programming. As the extent of the design scope is based on programming
requirements determined in the first phase, it was not possible to accurately
price this work until the programming analysis was completed. Now that
programming and conceptual drawings have been created, this contract is
being amended to include the full design scope and construction
administration services for this project. This amendment includes the
addition of full project scope and associated costs, which includes creation of
construction and bid documents as well as construction administration
services through project completion.
A&E Design was selected as the Project Architect for the City Hall renovation
through a public Request for Qualifications process in which respondents
were rigorously scored based upon their experience and qualifications as
applicable to this project.
UNRESOLVED ISSUES:None at this time.
219
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The initial phase of this contract, which includes assessing program needs
and creating concept drawings, incurred a cost of $8,010. This amendment
adds full scope of work for this project and associated costs. Contract costs
for this amendment are comprised of Design Services for a fixed cost of
$182,680, Additional Services for interior design with a cost allowance of
$15,000, and Reimbursable Expenses of $750, for a total cost of $198,430 to
be paid from the GF370 Capital Improvement Project fund.
Attachments:
Amendment 1 - Architectural Services Agreement - A&E
Design - City Hall Renovation GF370 - Compiled.pdf
Architectural Services Agreement - A&E Design - City Hall
Renovation GF370.pdf
A&E Statement of Qualifications.pdf
RFQ - Architect - City Hall Renovation.pdf
Report compiled on: February 20, 2024
220
FIRST Amendment to Professional Architectural Services Agreement for Architectural Services – City Hall
Renovation
FY 2024 – FY 2026
Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL ARCHITECTURAL SERVICES
AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Architectural Services – City Hall Renovation dated October 24, 2023 (the “Agreement”) is
made and entered into this _____ day of ____________, 2024, 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
A&E Design, 515 W Aspen St., Bozeman, MT 59715, 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. Scope of Work: Section 3 of the Agreement is amended to expand the project’s scope to
include full design and construction administration services as attached hereto as Exhibit
A.
2. Payment: Section 4 of the Agreement is amended to include costs associated with
expansion of project scope as attached hereto as Exhibit A.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
221
FIRST Amendment to Professional Architectural Services Agreement for Architectural Services – City Hall
Renovation
FY 2024 – FY 2026
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 A&E DESIGN
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
222
EXHIBIT A
223
Our Proposal
1
A&E Design
515 West Aspen Street
Bozeman, MT 59715
ae.design
February 9, 2024
Max Ziegler
Facilities Project Coordinator
20 East Olive Street
Bozeman, MT 59715
Via email: wziegler@bozeman.net
RE: Bozeman City Hall SD - CA
Dear Max,
Thank you again for the opportunity to collaborate with you on the Bozeman City Hall Renovation. This
proposal outlines our team’s process for the next steps of this project, taking what we developed during
the Need Assessment and moving into a constructable vision!
Scope:
We propose the following scope breakdown:
Schematic Design – What It Looks Like
This phase is all about collaboration. We’ll meet with you to identify your project goals and overall vision.
Based on your thoughts and ideas, we’ll prepare drawings and other documents to illustrate the scale and
relationship of each project component.
Deliverables
These documents include:
• Conceptual Floor Plans – General Lay Out, Spatial Arrangements, Functional
Adjacencies
Cost Estimate
We’ll develop a Statement of Probable Construction Cost to guide the construction process.
Design Development – Perfecting the Plan
During this phase, we’ll continue to further refine the design to ensure your project goals are successfully
reflected in the design solution.
224
Our Proposal
2
Our team will provide you with samples or “cut sheets” of proposed materials and products for your
approval. We’ll incorporate your feedback and make revisions relating to building structure and
appearance, building systems, construction materials and finishes, and other essentials.
Deliverables
These documents include:
• Design Drawings
• Renderings of Interior Views
Construction Documents – How It All Goes Together
This phase is dedicated to the details. We’ll create working drawings and schedules that describe in
technical detail the construction contract work required to meet your project goals. This includes
materials, equipment, workmanship, and allowances needed for architectural, structural , mechanical, and
electrical work.
Any changes to the schematic design documents will be made only with your approval, and any
modifications to the estimated construction cost will be mutually understood by everyone involved.
If you request any major revisions to the construction documents that deviate from the approved
schematic design, additional costs will be required to make modifications at this stage.
Deliverables
These documents include:
• Final Floor Plans with MEP Details
• Final Interior Elevations and Details
• Final Schedules with Details
• Determination of allowances for FF&E
Final Cost Estimate
Our team will review and update our initial Cost Estimate to reflect the final design and actual quantities
and assemblies cost, and where necessary, actual cost input from contractors or suppliers.
Bidding and Negotiation – Arriving at a Price
Our team will oversee the bidding process and prepare necessary information, including contracts
covering responsibilities during construction. We’ll also advise you regarding the qualifications of
prospective contractors and assist in awarding a construction contract.
Construction Administration – Building It
Our team provides in-house CA services, reducing the opportunity for errors and miscommunication to
protect both your budget and schedule.
225
Our Proposal
3
We provide consistency between the design team, contractor, and owner to protect the design intent and
quality of construction. From schedule management to analysis and coordination of specific materials and
equipment, we’ll ensure all project requirements are met.
The Following Services Can Be Provided:
• Request for Information (RFI) – Provide Clarification / Resolve Conflict
• Changes in the Work – Manage Modifications with your Approval
• Submittal Review – Review Product Data, Shop Drawings, and Samples
• Progress Meeting – Onsite Meetings with Contractor
• Request for Payment – Receive, Process, and Forward Payments
• Substantial Completion Inspection – Distribute Punchlist to Contractor
• Final Inspection – Confirm Completion of Punchlist
• Project Closeout – Assist in Closeout Procedures
Attached to this proposal is a copy of our General Terms and Conditions, which are fully
incorporated herein through this reference. Please review our terms and conditions
thoroughly, as they represent the guidelines governing our relationship throughout the
course of your project, and will be binding upon acceptance of this proposal. Please
note, this proposal will be deemed accepted upon any of the following conditions
occurring: (1) execution of this proposal by you or your designated representative; (2)
written authorization to commence the services identified herein (e.g. text, email, etc.);
(3) acceptance of work product produced under this proposal; or (4) payment to A&E of
any kind in relation to this proposal.
If you approve of this proposal, we will provide a contract specifying the design fee and
scope of work agreed to for your project. Said contract, along with this proposal and its
General Terms and Conditions, is intended to eliminate potential “surprises” throughout
the project and creates a mutual understanding of the expectations for your project.
Any/all subsequent contract between us is hereby incorporated and made part of this
proposal. In the event of any conflict between this proposal and its General Terms and
Conditions, and any subsequent agreement(s), the provisions of this proposal and its
General Terms and Conditions shall take precedence. If you have any questions about
what you’ve read in this proposal, don’t hesitate to reach out for further discussion.
We are excited to help make your ideas into reality. Thank you for this opportunity!
Sincerely,
Emma Survis
AIA
Project Manager
226
Exhibit A
Project Name Design Services Proposal
Location 2/9/2025
Design Services Team Programming Schematic
Design
Design
Development
Construction
Documents
Bidding &
Negotiation
Construction
Administration Total Remarks
Basic Services
Architecture 25,000$ 28,000$ 37,000$ 3,000$ 30,500$ 123,500$
Mechanical | Electrical 6,800$ 5,440$ 8,840$ 500$ 5,100$ 26,680$
Structural 5,000$ 9,000$ 12,000$ 2,000$ 4,500$ 32,500$
Subtotal:36,800$ 42,440$ 57,840$ 5,500$ 40,100$ 182,680$
Additional Services & Reimbursable Expenses
Architectural interior design -$ 2,500$ 5,000$ 7,500$ -$ -$ 15,000$
Detailed Cost Estimating -$ -$ -$ -$ -$ -$ -$ Simplified Cost Estimating Included
Telecommunications/data design -$ -$ -$ -$ -$ -$ -$ Expected to be coordinated with Owner
Furniture, furnishings, and equipment design -$ -$ -$ -$ -$ -$ -$ Not Included at this time
Other services provided by specialty consultants -$ -$ -$ -$ -$ -$ -$
Acoustical Engineering -$ -$ -$ -$ -$ -$ -$ Not Included at this time.
Fire Sprinkler Design -$ -$ -$ -$ -$ -$ -$ Performance Specification Included
Other supplemental services -$ -$ -$ -$ -$ -$ -$
Signage / Environ. Graphic Design -$ -$ -$ -$ -$ -$ -$ Not Included. ADA signage included.
Artists Renderings -$ -$ -$ -$ -$ -$ -$ Not Included.
Warranty 1-Year Walk Through -$ -$ -$ -$ -$ -$ -$
Consultant -$ -$ -$ -$ -$ -$ -$ Not included.
A&E -$ -$ -$ -$ -$ -$ -$ Not included.
Subtotal Additional Services:$15,000
Reimbursable Expenses (Printing & Travel)$750
Total Project Cost (Basic Services, Additional Services, and Reimbursables):$198,430
Project Phase
227
Professional Services Agreement for Architectural Services
Page 1 of 8
PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 20___
(“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, A&E Design, 515 W Aspen St, Bozeman, MT 59715,
hereinafter referred to as “Consultant” or “Architect.” The City and Architect 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 hire Consultant as an independent 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. Effective Date: This Agreement is effective upon the Effective Date and will expire
on the 31st day of December, 2025, unless earlier terminated in accordance with this Agreement.
3. Scope of Work: Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Services attached hereto. For conflicts between
this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement
governs.
4. Payment: City agrees to pay Architect the amount specified in Exhibit A. Any
alteration or deviation from the described work that involves additional costs above the Agreement
amount will be performed by Architect after written request by the City, and will become an additional
charge over and above the contract amount. The parties must agree in writing upon any additional
charges.
5. Consultant’s Representations:
To induce City to enter into this Agreement, Architect makes the following representations:
a. Architect 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, growth policies,
adopted plans of the City, ordinances, rules, and regulations that in any manner may affect cost,
progress or performance of the Scope of Services.
228
Professional Services Agreement for Architectural Services
Page 2 of 8
b. Architect 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: The parties agree that Architect is an independent
contractor for purposes of this Agreement and is not to be considered an employee of the City for any
purpose. Architect 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.
Architect is not authorized to represent the City or otherwise bind the City in any dealings between
Architect and any third parties.
Architect 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. Architect shall maintain workers’ compensation coverage for
all members and employees of Architect’s business, except for those members who are exempted by
law.
Architect 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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold the
City, its agents, representatives, employees, and officers (collectively referred to for purposes of this
Section as the City) harmless against claims, demands, suits, damages, losses, and expenses connected
therewith that may be asserted or claimed against, recovered from or suffered by the City by reason
of any injury or loss, including but not limited to, personal injury, including bodily injury or death,
property damage, occasioned by, growing out of, or in any way arising or resulting from any
intentional or negligent act on the part of Architect or Architect’s agents or employees.
For the professional services rendered, to the fullest extent permitted by law, Architect 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 Architect or Architect’s agents or employees.
Architect 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]
229
Professional Services Agreement for Architectural Services
Page 3 of 8
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.
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 City be required to bring an action
against the Architect to assert its right to defense or indemnification under this Agreement or under
the Architect’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 Architect was obligated to defend the claim(s) or
was obligated to indemnify the City for a claim(s) or any portion(s) thereof.
The obligations of this Section shall survive termination of this Agreement and the services
performed hereunder.
In addition to and independent from the above, Architect shall secure insurance coverage
acceptable to the City and furnish to the City an accompanying certificate of insurance issued by a
company authorized to do business in the State of Montana 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; $2,000,000 annual
aggregate
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
The City of Bozeman shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The insurance
and required endorsements must be in a form suitable to City and shall include no less than a thirty
(30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and
endorsements prior to the Architect commencing work.
8. Professional Service: Architect agrees that all services and work performed
hereunder will be accomplished in a professional manner.
9. Compliance with Laws: Architect agrees to comply with all federal, state and local
laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the
230
Professional Services Agreement for Architectural Services
Page 4 of 8
Montana Safety Act in Title 50, Chapter 71, MCA. Architect agrees to purchase a City business
license.
10. Nondiscrimination and Equal Pay: The Architect agrees that all hiring by Architect
of persons performing this Agreement shall be on the basis of merit and qualifications. The Architect
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Architect 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 Architect 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.
Architect 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).
Architect must report to the City any violations of the Montana Equal Pay Act that Architect has been
found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Architect shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
11. Default and Termination: If either Party fails to comply with any condition of this
Agreement at the time or in the manner provided for, the other Party, at its option, may terminate this
Agreement and be released from all obligations if the default is not cured within ten (10) days after
written notice is provided to the defaulting Party. Said notice shall set forth the items to be cured.
Additionally, the non-defaulting Party may bring suit for damages, specific performance, and any
other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy
does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed
to the Parties at the addresses set forth in the first paragraph of this Agreement.
12. Modification and Assignability: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either party or agents of
either party, which are not contained in this written Agreement, may be considered valid or binding.
This Agreement may not be enlarged, modified or altered except by written agreement signed by both
parties hereto. The Architect may not subcontract or assign Architect’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.
231
Professional Services Agreement for Architectural Services
Page 5 of 8
13. Ownership and Publication of Materials: All reports, information, data, and other
materials prepared by the Architect pursuant to this Agreement, except those separately identified in
the Scope of Services or in other written agreements between the parties, are jointly owned by the
Architect and the City. The City has authority to release, publish or otherwise use, in whole or part,
reports, information, data and other materials prepared by Architect pursuant to this Agreement,
except those separately identified in the Scope of Services or in other written agreements between the
parties. Any re-use without written verification or adaptation by the Architect for the specific purpose
intended will be at the City’s sole risk and without liability or legal exposure to the Architect. No
material produced in whole or in part under this Agreement may be copyrighted or patented in the
United States or in any other country without the prior written approval of the City.
14. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as
City shall designate in writing. Whenever approval or authorization from or communication
or submission to City is required by this Agreement, such communication or submission shall
be directed to the City’s Representative and approvals or authorizations shall be issued only
by such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Architect 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. Architect’s Representative: The Architect’s Representative for the purpose
of this Agreement shall be Brad Doll, Principal, or such other individual as Architect shall
designate in writing. Whenever direction to or communication with Architect is required by
this Agreement, such direction or communication shall be directed to Architect’s
Representative; provided, however, that in exigent circumstances when Architect’s
Representative is not available, City may direct its direction or communication to other
designated Architect 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.
232
Professional Services Agreement for Architectural Services
Page 6 of 8
15. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
16. Reports/Accountability/Public Information: Architect agrees to develop and/or
provide documentation as requested by the City demonstrating Architect’s compliance with the
requirements of this Agreement. Architect 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 Architect pursuant to this Agreement was used in compliance
with this Agreement and all applicable provisions of federal, state, and local law. The Architect shall
not issue any statements, releases or information for public dissemination without prior approval of
the City.
17. 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.
18. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
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.
233
Professional Services Agreement for Architectural Services
Page 7 of 8
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. 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.
29. 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.
30. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
234
Professional Services Agreement for Architectural Services
Page 8 of 8
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
ARCHITECT (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
235
09 / 13 / 23create impact.
Statement of Qualifications
City of Bozeman
City Hall Renovation
236
237
COVER LETTER | 1
Dear Max and Selection Committee,
A&E Design is pleased to present our qualifications for your project. The skills and experiences outlined
herein prepare us to meet—and position us to exceed—your expectations for the renovation of City Hall.
Our integrated project approach will involve steadfast collaboration and communication between our
team, the City, and project stakeholders. The design we produce will ensure a positive work environment,
efficient and effective spatial layout, and flexibility for future needs. Our collective experience with
projects like yours demonstrates the creativity, problem solving, and strong project management that will
result in the best outcome for your investment.
Our team also has a long history completing projects in and around Bozeman. We’ve planned, designed,
and built a variety of projects for multiple industries, including educational facilities, commercial buildings,
and public spaces. Our familiarity with Bozeman's culture and landscape, in addition to our strong
relationships within the community, gives us a unique edge in the planning and design process ahead.
We are very excited about the prospect of continuing our relationship with you to help realize your project
goals. Thank you for considering the A&E Design team.
Sincerely,
A&E Design
BRAD DOLL
AIA
Principal
hello.
September 13, 2023
Max Ziegler – Facilities Project Coordinator
P.O. Box 1230
Bozeman, MT 59771-1230
406.582.2250
wziegler@bozeman.net
238
2 | A - EXPERIENCE
As one of the largest and longest-standing design firms in the region, A&E Design has extensive
experience in the programming, planning, and design of public buildings. From facility analysis and
assessment to the design and construction administration of public infrastructure, we possess the talent
and experience to successfully meet all of your project goals. In the following pages, we will show you a
collection of projects we feel demonstrates our experience in the planning and design work that you seek.
Listed below is our recent and current work with the City of Bozeman:
• Bozeman Library Parking Garage Study
• Bozeman Downtown Parking Garage Site Study
• 7th and Durston Study
• Bozeman CityLift Study
• Midtown Urban Renewal District
our experience.
239
A -EXPERIENCE | 3
The current Gallatin County Sheriff's Office
and Search and Rescue (SAR) operations are
inconveniently housed in various buildings
around the county. These disconnected facilities
impact search and rescue response times and
are inadequate to support the department as it
serves an ever-growing community.
A&E Design met with staff and participants to
envision a centralized, cohesive campus. The
resulting design will provide exceptional training
experiences and a collaborative, engaging work
environment to meet the current and future
operational needs of the staff.
The master plan includes a remodel and addition
to the sheriff’s office and SAR headquarters that
includes a new helicopter landing pad. The office
remodel will consolidate administrative staff
and resources while improving safety, occupant
comfort, and operations. The SAR headquarters
is designed to encourage public engagement
and volunteerism and will include space to
conduct multidisciplinary training, outreach, and
education.
Client / Contact
Gallatin County
Nick Borzak, Chief Operations Officer
406.209.0044
Gallatin County Sheriff's Department & S+R.
BOZEMAN, MONTANA
240
4 | A - EXPERIENCE
A&E Design is working with both Missoula County
and the City of Missoula in the development and
implementation of their space needs master plans
for the National Register-listed Missoula Federal
Building. Our team is currently in the process of
evaluating the existing condition of the Federal
Building and the potential for, and cost of,
reconfiguration to meet all departments’ needs.
A&E Design's services include the design for the
Missoula Federal Building renovation utilizing
the Secretary of the Interior’s Standards for
Historic Rehabilitation (SOI), development of bid
documents for construction, and supervision of
construction. All work is done under the condition
of maintaining the property’s historic integrity as
a National Monument.
Client / Contact
City & County of Missoula
Casey Gannon, Management Analyst
406.258.3399
Missoula Federal Building.
MISSOULA, MONTANA
241
A -EXPERIENCE | 5
Gallatin County approached the existing Farm
Bureau building as a renovation opportunity for
their County Attorney offices. The design creates
a welcoming environment that includes private
offices, open work space, and collaborative
shared working areas. The existing atrium was
enhanced to provide additional daylight and
become an interactive space for attorneys and
clients.
In addition to developing an interior remodel
for the CA offices, the design team master
planned the remaining two floors of the building
and provided an exterior concept design that
maintains the original character of the building
while giving a professional and updated
appearance.
Due to constrained timelines, the design
team worked with the owner and the City of
Bozeman to quickly develop a plan allowing
occupants to move into the building, satisfying
immediate needs while remaining flexible and
accommodating for future change and growth.
Client / Contact
Gallatin County
Nick Borzak, Chief Operations Officer
406.209.0044
Gallatin County Farm Bureau.
BOZEMAN, MONTANA
242
6 | A - EXPERIENCE
Spanning nearly a decade, this multi-phased
project restored the courthouse’s historic
character while meeting the modern civic and
judicial needs of the community, in addition
to the Department of Justice Americans with
Disabilities Act (ADA) requirements. The resulting
126,500 sf renovation was implemented following
a condition assessment that included code and
ADA review. The courthouse and 1960s annex
were upgraded to meet current electrical, IT, data,
seismic, fire and life safety, ADA compliance, and
Leadership in Energy and Environmental Design
(LEED) requirements.
Additionally, building code deficiencies,
commissioning, environmental impacts, and
energy rebates were addressed. The project
included a new 911 Emergency Operations Call
Center within the annex.
Throughout the process, our team worked
with each county department to reprogram
spaces to meet current and future space needs
requirements.
The project received a LEED Silver certificate.
Client / Contact
Missoula County
Anne Hughes, Chief Operating Officer
406.258.3160
Missoula County Courthouse.
MISSOULA, MONTANA
243
A -EXPERIENCE | 7
Stillwater County serves nearly 9,500 Montana
residents and eight communities from its county
seat in Columbus. With multiple government
agencies overcrowding support structures and
aging systems in disrepair, the county sought
help from A&E Design. After extensive discussions
with municipal staff and stakeholders, the need
for a new Law & Justice Center was clear. Our
team worked alongside the County to master
plan county-owned property for this critical civic
building and a future office building.
Currently in development, the Stillwater County
Law & Justice Center is a phased effort to unite
and expand multiple municipalities. Our design
provides adequate space for law enforcement
personnel and equipment, courtrooms, attorneys
offices, and administrative functions. We
considered offices that work closely together
and programmed the building layout to improve
connection with strategic spatial adjacencies.
Every design element was thoughtfully
incorporated to better serve citizens and position
the County for longevity and success.
Client / Contact
Stillwater County
Stephanie Ray, Community/Economic
Development Director
406.322.8056
Stillwater County Law & Justice Center.
COLUMBUS, MONTANA
“A&E Design worked alongside Stillwater County commissioners and stakeholder groups, incorporating
multiple county services with diverse needs into one functional, efficient, sustainable structure.”
Stephanie Ray, Community/Economic Development Director
244
8 | A - EXPERIENCE
The Lake County annex building places 'service'
at the heart of its design. Housing seven different
County departments, the building will have
a strong presence on the corner, fostering a
pedestrian-friendly site inviting all who may need
to interact and engage with the County.
The transparent façade and recessed entry
create an approachable and inviting space that
highlights openness and transparency, particularly
for the elections department. It is supported by
an adjacent community room that is shared by all
departments and open for community use.
The design echoes the existing Lake County
Courthouse and aims to provide a healthy,
collaborative working environment for each of the
County divisions. While modern in its approach,
the design is reminiscent of a more historic feel
through its thoughtful detailing and layering
consistent through all three floors.
Client / Contact
Lake County
Billie Lee, Grants Manager / Director Special
Projects
406.872.2362
Lake County Office Building.
POLSON, MONTANA
245
A -EXPERIENCE | 9
The renovation of NorthWestern Energy’s
Bozeman service center mixes a variety of
occupancies into one space. A new two-story
addition provides additional office space to
offer an open and collaborative environment
with private offices and conference rooms. Both
the garage and warehouse were expanded and
adjoined to the existing office building.
The design allows users to flow from space to
space without major barriers or definitive lines
of separation, and gives NorthWestern Energy a
refreshed presence.
Because of the various complexities of the
project, it was imperative that the design team,
along with the Owner, formed a healthy working
relationship with the City of Bozeman Planning
Department to navigate this project through the
site plan application.
Client / Contact
NorthWestern Energy
Danny Kaluza, Director of Support Services
888.467.2669
NorthWestern Energy.
BOZEMAN, MONTANA
BEFORE
246
10 | A - EXPERIENCE
The McDonald Building, located in the central
business district of downtown Billings, Montana,
has a rich history from its inception as the
first YMCA in the state to a modern, multi-use
building.
Constructed in 1907, the building was renovated in
support of the revitalization of downtown Billings
and now serves as a multi-use building, offering
both business and residential space.
The main level and second floor mezzanine
serve as office space for A&E Design, with
additional leasable tenant space. The third and
fourth floors offer 12 loft-style apartments. A&E
Design renovated the space to restore historic
detail elements, updating structural, mechanical,
electrical, and other safety systems, as well as
renewing the interior and exterior.
2019 MT AIA Award
Client / Contact
Bill Honaker
Developer
406.861.3201
McDonald Building.
BILLINGS, MONTANA
BEFORE
247
A -EXPERIENCE | 11
BEFORE
Housed in the historic Bluebird Building, A&E
Design's Missoula team required a much-needed
office expansion to accommodate our growing
staff.
With space as the primary concern, the design
team produced a variety of space planning and
programming concepts to transform the second
floor into an open layout with workstations,
conference space, and areas for collaboration. All
work built upon A&E Design’s previous renovation
of the building, which rehabilitated the entire space
to provide a contemporary business environment
while preserving the Bluebird’s historic fabric.
The original renovation restored the building’s
historic exterior, bringing back the vibrant, multi-
colored 1900s motif. The overall design placed
significant emphasis on creating a recognizable
street presence and visual identity to gain
pedestrian exposure at the street level.
Client / Contact
A&E Design
Jim McDonald, Architect
406.721.5643
Bluebird Building.
MISSOULA, MONTANA
248
12 | A - EXPERIENCE
our team.
We have carefully assembled a team with the experience and expertise to deliver a successful project
that will engage all users. Our team’s collective experience with similar projects demonstrates an
unmatched ability to produce efficient and creative solutions, resulting in the best outcome for your
investment.
A&E Design is an integrated design firm serving Montana and the Northwest with
offices in Billings, Bozeman, Missoula, and Kalispell, Montana. We blend design
disciplines to explore ideas that challenge convention. By fusing a myriad of
creative talents, we use each distinct skill to shape a more dynamic end result.
As a collection of innovators, we are united for a single purpose: To create
impactful experiences for our clients. We offer architecture, interior design, historic
preservation, and graphic design in one, comprehensive package.
Associated Construction Engineering Inc. (ACE) was established in 1987 and has
become one of the largest mechanical and electrical professional consulting firms
in the region. They currently staff offices in Belgrade, Billings, Helena, and Missoula,
Montana, and Sheridan, Wyoming.
Professional engineering services in the disciplines of mechanical, electrical,
plumbing, fire protection, energy analysis, and special systems are available for
commercial, industrial, and residential building projects.
Hicks Engineering is a structural engineering firm located in Bozeman, Montana.
For over 20 years, they have been providing quality and cost effective engineering
solutions to clients around the United States. As a small firm, they work closely
with the project's design team to deliver customized engineering solutions on time
and within budget while adhering to architectural form and function.
The firm provides their clients with innovative engineering solutions with an
emphasis on quality, cost, and schedules. As professionals, they uphold the
highest standards for structural engineering practice and deliver outcomes of
uncompromising quality.
249
A -EXPERIENCE | 13
Brad has guided numerous projects through the design and construction phases within budget and on
schedule. He strives to enrich these complex processes by emphasizing collaboration and teamwork at
every stage. Brad takes pride in being a problem solver, ensuring that only the best possible solutions are
considered and implemented.
BRAD DOLL, AIA
Principal-In-Charge
REGISTRATION
Architect: MT, WA, ND
SELECT EXPERIENCE
City of Bozeman, Midtown Action Plan
Bozeman, Montana
Gallatin County Sheriff's Office, Expansion &
Renovation
Bozeman, Montana
Northwestern Energy, Expansion & Renovation
Bozeman, Montana
MSU, Alumni Foundation Office, Expansion
Bozeman, Montana
MSU, Innovation Campus, Aurora Facility
Bozeman, Montana
Aspen Crossing at Midtown
Bozeman, Montana
Jolene's experience in schematic design, design development, and the technical aspects of architecture
helps her guide projects through all phases. From design through construction, she contributes expert-
level graphic communication and computer graphic skills. Jolene's work helps to generate aesthetic
design principles and quality design projects.
JOLENE WALKER, AIA
Design Lead
REGISTRATION
Architect: MT
SELECT EXPERIENCE
Aspen Crossing at Midtown
Bozeman, Montana
Missoula County Courthouse, Renovation
Missoula, Montana
Montana State Capitol, Renovation & Restoration
Helena, Montana
Northwestern Energy, Expansion & Renovation
Bozeman, Montana
Haynes Administration Office, Renovation
Yellowstone National Park. Wyoming
KOA Corporate Headquarters
Billings, Montana
250
14 | A - EXPERIENCE
Emma has a passion for the built environment, from design and construction to historic preservation
and adaptive reuse. She is adept at considering the end goals of a project to help guide it to the best
possible outcome. Emma places the client in the center of the process, figuring out how to implement
their imaginative desires and concrete needs all at once.
EMMA SURVIS, AIA, LEED AP
Project Manager
REGISTRATION
Architect: MT, MN, OR; LEED Accredited Professional
SELECT EXPERIENCE
Gallatin County Farm Bureau Building, Renovation
Bozeman, Montana
Gallatin County Sheriff's Office, Expansion &
Renovation
Bozeman, Montana
Lake County Office Building
Polson, Montana
*Yellow Medicine County Justice Center
Granite Falls, Minnesota
*City of Burnsville Police and City Hall, Remodel
Burnsville, Minnesota
*Projects completed prior to joining A&E Design
Leading projects from design through construction, Jaron demonstrates a diverse knowledge of
architectural design. He has a deep understanding of schematic design, design development, and the
technical aspects of architecture. His communication skills and computer graphics artistry showcase
aesthetic design principles and lead to quality design projects.
JARON MICKOLIO, AIA
Project Architect
REGISTRATION
Architect: MT
SELECT EXPERIENCE
Aspen Crossing at Midtown
Bozeman, Montana
Northwestern Energy, Expansion & Renovation
Bozeman, Montana
First Interstate Bank, New Branch
Bozeman, Montana
MSU, Innovation Campus, Aurora Facility
Bozeman, Montana
MSU, Norm Asbjornson Hall
Bozeman, Montana
Saddle Peak Elementary, Renovation
Belgrade, Montana
251
A -EXPERIENCE | 15
Walt brings with him over 14 years of experience in the construction industry. With expertise in diverse
prior roles — from carpenter to owner’s representative — he blends boots-on-the-ground construction
knowledge with financial acumen to support the delivery of comprehensive, integrated, and innovative
design solutions for A&E Design’s clients.
WALT FRANCIS
Construction Project Manager
REGISTRATION
OSHA 10; OSHA 30
SELECT EXPERIENCE
Big Sky School District, Expansion & Renovation
Big Sky, Montana
MSU, 7th Ave Tunnel
Bozeman, Montana
West Yellowstone Airport
West Yellowstone, Montana
*Haynes Administration Office, Renovation
Yellowstone National Park. Wyoming
*Canyon Lodges
Yellowstone National Park. Wyoming
*Projects completed prior to joining A&E Design
Kip has nearly three decades of experience. During his initial five years, he gained extensive skills in project
design, estimation, and commercial construction management while working at U.S. Fire Protection. His
current responsibilities include fire sprinkler systems design and HVAC systems design, which includes air
side (constant to variable volume) and hydronic (fin tube, reheat, radiant) systems.
KIP WEEDA, PE
Mechanical Engineer
REGISTRATION
Professional Engineer: MT, AZ, CO, WY; LEED Accredited Professional
SELECT EXPERIENCE
Northwestern Energy, Expansion & Renovation
Bozeman, Montana
Meateater Office Building, Renovation
Bozeman, Montana
Bozeman Public Safety Center
Bozeman, Montana
Park County Public Transit Facility
Livingston, Montana
Bozeman N. Central Block 3.4
Bozeman, Montana
Wildwest Land, N. Rouse Property
Bozeman, Montana
252
16 | A - EXPERIENCE
Patrick has nearly 25 years of experience in the electrical engineering field, including consulting systems
design and contract management. Through his various projects, Patrick has participated in all phases of
commercial electrical design and construction from design development, cost estimation, drawing, and
specification preparation to construction administration.
PATRICK KNOLL, PE
Electrical Engineer
REGISTRATION
Professional Engineer: MT, ID, SD, UT, WA, WY
SELECT EXPERIENCE
Capitol Hill Building A
Helena, Montana
Butte Justice Center
Butte, Montana
Salish Kootenai Tribes, New Office Building
Pablo, Montana
Creamery Building, Renovations
Missoula, Montana
1821 Building, 5th Floor Remodel
Missoula, Montana
Armed Forces Reserve Center
Missoula, Montana
Jason is a Principal and founder of Hicks Engineering, PC. Since its inception in 2003, Jason has been
involved in the structural design of residential and commercial buildings throughout Montana and the
United States. He has worked in the capacity as Engineer of Record for architectural, governmental, and
private clients with a vast history of successful projects.
JASON M. HICKS PE
Structural Engineer
REGISTRATION
Professional Engineer: MT
SELECT EXPERIENCE
Anderson School, Remodel
Bozeman, Montana
Easton Office Headquarters
Belgrade, Montana
Million Air Hangar Renovation & Office Addition
Belgrade, Montana
Creekside Apartments
Bozeman, Montana
MAP Brewing Company
Bozeman, Montana
Summit Aviation North Offices
Belgrade, Montana
253
B - FIRM BACKGROUND | 17
A&E Design is one of the largest and longest-standing design firms in the region. Founded as A&E
Architects, PC, in 1973, we have been dedicated to providing a fresh and innovative approach to
architectural design for 50 years.
Continued growth and success led to our subsequent expansion to serve a multitude of industry sectors
from several locations across the Northwest. After opening our third office in Bozeman, Montana, in 2014,
our firm rebranded as A&E Design.
Today, A&E Design is a multidisciplinary design firm with four offices in Montana (Billings, Bozeman,
Missoula, and Kalispell). As a collection of innovators, we are united for a single purpose: to create
impactful experiences for our clients. We offer architecture, interior design, historic preservation, and
graphic design in one, comprehensive package. Together, we are a team of over 90 diversely talented
professionals with a strong commitment to client satisfaction, quality design, and improving the world
around us.
ANNUAL VOLUME OF BUSINESS
$25.49 Million
FINANCIAL CAPACITIES
• $1.8 Million Line-of-Credit with Zero Balance
• Consistent Positive Cash Flow
• Properly Insured (copies available upon request)
MARKETPLACE HEALTH
A&E Design is a financially stable firm that has successfully reached annual revenue and growth goals
as identified in strategic planning initiatives. We consistently manage a full workload of projects and are
sought after due to our ability to complete projects on time and within budget.
our history.
254
18 | B - FIRM BACKGROUND
our strength.
With extensive experience with complex remodels, expansions, and renovations, and an existing
relationship with City of Bozeman, A&E Design is equipped to exceed expectations on this project. Our
strength lies in our team’s planning and design approach. It is centered around a three-step strategy:
listen, collaborate, and apply. This process engenders an atmosphere of teamwork and mutual respect
to produce greater value, heightened innovation, and a more enjoyable experience successfully fulfilling
project aspirations.
There are several components to this approach. First, it is important that all stakeholders understand
that a high level of commitment, communication, and transparency are integral cornerstones of a
successful project. In addition, it is paramount to incorporate all stakeholders into discussions early so
clear, shared expectations of the process, design goals, and project outcomes can be established.
One of the facets of our firm is the integration of construction administration into our process. We have
a dedicated CA team to provide our clients with the option of full-time representation and a seamless
tie between design and construction. This service is one which we feel represents the owner's interests by
protecting the design intent and quality of construction.
After 50 years in the industry, A&E Design has resolved any weaknesses in our process to provide the
best possible service to our clients. However, we continue to learn and explore, understanding that design
is an evolving field requiring an open mind and the flexibility to adopt new methods.
Listen:
We begin by developing
strategies to listen and
understand the needs, wants,
and desires of all stakeholders,
utilizing a variety of interactive
workshops to identify and
create meaningful project
goals.
Collaborate:
We consistently collaborate
with all stakeholders through
a transparent process to share
design progress and ensure
alignment between program
needs, values, and budget.
Apply:
We never start or end with
a preconceived solution, but
rather allow the design to
develop naturally. Our approach
results in the discovery and
application of the best solution
by incorporating research and
feedback into a unique design
plan.
255
C - FIRM WORKLOAD & D - CLAIMS | 19
Our staff of over 90 professionals currently has the capacity to maintain a team dedicated to your
project. We are available to start work immediately and will remain completely committed to your project
throughout the process. We understand that maintaining a consistent and focused team is of the utmost
importance, and we promise to do that. As consultants, we are only as good as the service we provide,
and we only take on as much work as we can complete at the highest level. The openings in our current
and projected workload allow this project to seamlessly integrate into our schedule.
capability to meet time and project budget requirements.
A&E Design holds immense experience with projects of similar size and complexity to this scope of
work. This means we have the skills to ensure your time and money will be optimized and protected. We
provide consistency between the design team, contractor, owner, and owner's representative. Using a
collaborative approach, we deliver efficient, successful project outcomes, protecting the design intent
and owner's goals during the process.
At the beginning of a project, we carefully develop a detailed project schedule with input from the owner
and contractor. This results in a realistic schedule where every milestone is identified and external factors
are considered. Once approved, we monitor progress to keep all parties compliant. If any aspect of the
schedule falls behind, all parties are notified to determine appropriate action. Because of our total staff
size, experience, and project management skills, along with strong support from our network of loyal
consultants, we are able to consistently meet our project schedules and deadlines.
Because the decisions made early in the design process tend to have the greatest impact on project
cost, our cost control begins during planning and programming. Our early estimates utilize “square foot”
costs and industry multipliers based upon recent projects, our knowledge of current market conditions,
and our intuition. As the project evolves from concept through construction documents, our estimates
evolve into greater detail with each of our consultants providing cost input for their portions of the
work. Our team compiles this data and organizes it into a consistent format for ease of evaluation and
comparison with previous estimates.
As a result of careful forecasting and diligent cost control, we have a strong record of completing
projects on time and within budget.
our workload.
prior claim.
A&E Design holds a strong reputation for ethical business practices and serving our clients fairly and
respectfully to achieve long-term relationships and successful projects. In the last five years, we have not
experienced litigation issues with a public owner.
256
20 | E - REFERENCES
our references.
NICK BORZAK
Chief Operations Officer
Gallatin County
406.209.0044
Nick.Borzak@gallatin.mt.gov
DANNY KALUZA
Director of Support Services
NorthWestern Energy
888.467.2669
Daniel.Kaluza@northwestern.com
STEPHANIE RAY
Community/Economic Development Director
Stillwater County
406.322.8056
sray@stillwatercountymt.gov
CASEY GANNON
Management Analyst
Missoula County
406.258.3399
cgannon@missoulacounty.us
ANNE HUGHES
Chief Operating Officer
Missoula County
406.258.3160
ahughes@missoulacounty.us
257
E - REFERENCES | 21
schedules/
attachment a.
258
22 | APPENDIX
comprehensive schedule.
JAN FEB MAY JUNE JULY AUGOCT
2023
schematic design
2024
NOV DEC MAR APR
50% SDcost model
design development
programming phase
preliminary program cost-model
100% SDcost model
costrecon.
50% DDcost model
BOZEMAN CITY HALL
100% DDcost model
259
APPENDIX | 23
SEP OCT NOV
building permit
bidding
DEC JAN FEB MAR APR MAY JUNE JULY
2025
construction documents
construction
Open TBD*
costrecon.
260
24 | APPENDIX2023 OCTOBER
A: BUILDING COMMITTEE
E: COST REVIEW
C: COMMISSION GROUP KEY:
Programming Workshop - A2
15wednesday
Location: tbd
Time: 2 hours
• Hopes and Fears Results
• Guiding Principles
• Facility Opportunities and Constraints
• Preliminary Program
• Needs vs Wants
• COB Planning Standards
D: CRAFT SYSTEMS
Programming Workshop - A3
06
wednesday
Location: tbd
Time: 2 hours
• Programming | Planning Workshop
• Human Resources Program
• Finance Program
• Economic Development Program
• City Manager Program
• TBD Program
• Program | Planning Diagrams
• Space Requirements
Programming Wrap-up - A4
03wednesday
Location: tbd
Time: 2 hours
• Program | Planning Refinement
• Guiding Principle | Goals Review
• Building Organization Review
• Safety | Security
Department Workshop - B1
15wednesday
Location: tbd
Time: 6 hours
• Department Planning Workshops
B: DEPARTMENT WORKSHOPS
26
Facility Assessment Update - F2
06
wednesday
Location: tbd
Time: 1 hour
• Collect any outstanding data | info
Programming Kick-Off - A1
25wednesday
Location: tbd
Time: 2 hours
• Project Schedule
• Programming Introduction
• Goals Workshop
• Group Exercise: Hopes & Fears
• Building Assessment Reviews
• Building Deficiencies
• Systems Analysis
• Existing Program | Utilization
• Existing Facility Program Review
Facility Assessment - F1
25
wednesday
Location: tbd
Time: 4 hours
• Building Deficiencies
• Systems Analysis
• Existing Program Development
• Staff Reviews
DECEMBER
Commission Presentation - C1
TBDas-needed
Location: tbd
Time: tbd
• Presentation | Q&A
F: FACILITY ASSESSMENT
NOVEMBER
JANUARY
Preliminary Cost Review - E1
Location: tbd
Time: 1 hour
• Preliminary Cost Analysis
20wednesday
261
APPENDIX | 25
MARCH
2024JANUARY (cont.)
Cost Review - E2
Location: tbd
Time: 1 hour
• Program Loaded Cost Analysis
24
FEBRUARY
Schematic Design Kickoff - A5
24
wednesday
Location: tbd
Time: 3 hours
• Project Schedule
• Goals | Program Review
• Building and Site Review
• “Blink” Exercise
• Staff Survey Analysis
• Case Studies
• Space Adjacency Workshop
wednesday
Schematic Design - A2
14
wednesday
Location: tbd
Time: 3 hours
• Program Updates | Review
• Case Study Review | Thoughts
• Space Adjacency Update Workshop
• Building Organization Workshop
• Scenario Mapping | User Experience
Schematic Design - A3
06
wednesday
Location: tbd
Time: 2 hours
• Floor Plan Diagrams
• Space Adjacency Review
• 3D Model | Virtual Reality
Interior Design Concepts
• Material Review
Schematic Design - A4
27wednesday
Location: tbd
Time: 2 hours
• Updated Floor Plan Diagrams
• Updated Building Massing
Interior Design Concepts
• Updated Cost Review
Schematic Design - A5
17
tuesday
Location: tbd
Time: 2 hours
• Final Schematic Design Presentation
• Floor Plan Diagrams
• Scenario Mapping | User Experience
• Building Massing
Interior Design Concepts
• Final Renderings
APRIL
Craft (Systems) Workshop - C1
14
tuesday
Location: Virtual meeting
Time: 2 hours
• Review Facilities Systems and
Recommendations / Goals
Craft (Systems) Workshop - C2
06
tuesday
Location: tbd
Time: 2 hours
• Building Systems Review
• Sustainable Strategies
Department Workshop - B2
28wednesday
Location: tbd
Time: 6 hours
• Department Planning Workshops
Cost Review - E3
Location: tbd
Time: 1 hour
• 50% SD Cost Analysis
20wednesday
262
26 | APPENDIX
Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(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, ____________________________________(name of entity submitting) hereby affirms it will
abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has
visited the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read
the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
Brad Doll, Principal
A&E Design
A&E Design
263
APPENDIX | 27
thank you.
264
What can we help you create?
515 W Aspen St., Suite 200A
Bozeman, MT 59715
406.451.7310
www.ae.design
265
Page 1 of 20
REQUEST FOR QUALIFICATIONS (RFQ)
CITY HALL RENOVATION – PROJECT ARCHITECT
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
August 2023
266
Page 2 of 20
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking qualifications from firms to provide
Architectural services related to the renovation of Bozeman City Hall. The selected firm is to serve as the
Project Architect, generate designs and plans for reconfiguration and optimization of office space,
generate cost estimates, and provide construction administration services for the project.
Copies of the Request for Qualifications are available on the City’s website
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 below. Respondents are advised that Recipient’s
email attachment size limit is 25MB and that only one 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 the City Clerks’ Office 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.
Deliver RFQs via email to the City Clerk by September 13th, 2023 at 2:00 PM 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.
The email address for submission is: agenda@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFQ on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender
identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded
entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting entity,
or entities, affirms in writing 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 which also recognizes the eventual contract will contain a provision prohibiting
discrimination as described above and that this prohibition on discrimination shall apply to the hiring and
treatment of the submitting entity’s employees and to all subcontracts.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ
and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the
Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of
Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication
and has read the material.
Failure to comply with the above may be cause for the City to deem the submittal non-responsive.
267
Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk
(406) 582-2321, agenda@bozeman.net.
Questions relating to the RFQ should be directed to: Max Ziegler, Facilities Project Coordinator, (406) 582-
2439, wziegler@bozeman.net.
DATED at Bozeman, Montana, this August 19th, 2023
Mike Maas
City Clerk
City of Bozeman
For publication on:
Saturday, August 19, 2023
Saturday, September 2, 2023
268
I. INTRODUCTION
The City of Bozeman (Owner), is seeking qualifications from firms to undertake Architectural and
Construction Administration services related to the renovation of Bozeman City Hall.
The Owner intends to enter into a contract with the selected firm that will include working with various
departments located at City Hall to identify facility and space needs, creating designs and plans for the
renovation work, generating project cost estimates, and providing Construction Administration services
for the project.
This RFQ 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 RFQ 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 RFQ,
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. SCOPE OF PROJECT - PROJECT BACKGROUND AND DESCRIPTION
Introduction
Bozeman City Hall, located at 121 N Rouse Ave, Bozeman, MT, was originally constructed in 1980 as a
public library. Following the opening of the current Bozeman Public Library on Main St. in 2006, the old
library was converted for use as Bozeman’s City Hall and was renovated for that purpose in 2008.
In the time that the building has served as City Hall, the City has experienced significant growth in
population and City staff. To meet the current needs of City Hall, a renovation is required to maximize
usable square footage within the building as well as increase the functionality and security of the facility.
Goals for this project include:
Improved safety and security through redesign of the Finance Department front counter located
on the first floor.
Additional office space for several Departments, including but not limited to, Human Resources,
Economic Development, Finance, and the City Manager Office.
Consideration of space needed for records storage.
Improved energy efficiency through recommissioning efforts.
269
The City is seeking an architectural firm to work with the various departments. to identify the current
and future needs of their offices, develop designs and construction documents for a renovation which
meets those needs, and then provide construction administration services as the Project Architect.
III. SCOPE OF SERVICES
The Scope of Services for the proposed contract is final design on the City Hall Renovation project. The
successful firm will provide all services necessary to complete the design, develop construction bid
documents, assist in bidding the project and coordinate in oversight of the construction activities. All
work must be in compliance with all applicable requirements under Montana and Federal laws and
regulations.
Preliminary Design
Determine office space and facility needs for departments located in City Hall
Schematic Design Phase
Preliminary cost estimation and budget development
Design Development Phase
Construction Documents
Construction Documents – to include all Design Documents which will specify all elements and
other information necessary to complete the construction project, including all permiting and
regulatory approvals required.
Bidding – creation of drawings and contract documents required to put project out to bid. The
selected firm will assist the City in preparing bid documents, soliciting and evaluating bids, and all
other bidding activities.
Administration of Construction Contract
Professional services as normally required for oversight and execution of the construction
contracts during the preconstruction and construction phases of this project.
Detailed project schedules will be established during task order negotiations. Proposals must clearly
demonstrate the firm’s ability to rovide the servies detailed above given their current staffing.
IV. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
Deliver RFQs via email to the City Clerk (agenda@bozeman.net) by September 13, 2023 at 2:00 PM
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. All proposals must be
provided as a single, searchable PDF document file and be submitted digitally as an email attachment
to the RFQ Recipient email address agenda@bozeman.net. Respondents are advised that Recipient’s
email attachment size limit is 25MB and that only one PDF file will be allowed per response. The
subject line of the transmittal email shall clearly identify the RFQ title, company name and due
date/time. File sizes greater than 25MB in size may be uploaded to an alternate submission method
270
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.
A. Contact Information
ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ MUST BE SUBMITTED IN WRITING TO:
Max Ziegler – Facilities Project Coordinator
P.O. Box 1230
Bozeman, MT 59771-1230
(406) 582-2250
wziegler@bozeman.net
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 12:00 PM MST on September 8, 2023
B. Selection Timeline
Advertising dates: August 19 and September 2, 2023
Receipt of RFQs: No later than 2:00 p.m. MST September 13, 2023
RFQ Review Complete by Committee: September 20, 2023
Interviews: September 29, 2023
Selection: October 10, 2023
With the exception of the advertising dates and advertised due date, the City reserves the right to
modify the above timeline.
V. SELECTION PROCEDURE
A. STATEMENT OF QUALIFICATIONS
Respondents must comply with the mandatory requirements provided in this solicitation.
The selection process shall be conducted pursuant to all applicable Montana law including
those criteria set forth in §18-8-204, MCA and applicable City policy.
1. Evaluation of RFQs. The selection committee shall consist of no less than
three persons representing the City. The selection committee will review
conforming RFQ responses using the criteria listed above. RFQ responses that do
not contain the required documentation will be deemed nonresponsive to this
solicitation and may be rejected.
271
2. Revisions. Responses will be accorded fair and equal treatment with
respect to opportunity for discussion and revision of responses, and such revisions
may be permitted, after submissions and prior to award for the purpose of
obtaining best and final responses.
3. Evaluation & Elimination. After evaluating all conforming responses based
on the criteria herein the selection committee may eliminate one or more or all
Respondents from further review if they do not meet the qualification criteria
specified herein. Any Respondents eliminated by the selection committee, at any
time, or for any reason, shall have no opportunity to make revisions or participate
further in the selection process.
4. Interviews. After reviewing conforming RFQ responses, the selection
committee may decide to schedule interviews with qualified respondents.
Interviews will be held on September 29, 2023 at 10:00 AM at the Professional
Building, 20 East Olive Street (basement conference room), Bozeman MT 59715.
Each firm selected for interview will be notified of the specific time for their
interview. The format of the interview will be left up to the proposing firm;
however, interviews will be [45] minutes inclusive of questions from the selection
committee, with 15 minutes between interviews for transitions and set up
between Respondents.
5. Selection and Final Recommendation. The selection committee will tally
the scores for the RFQ. At that time contract negotiations will take place between
the City and successful Respondent. The City may negotiate a contract with the
next highest ranked Respondent if a contract cannot be made.
B. RFQ – FORM AND CONTENTS
Deliver one (1) digital copy prepared as follows:
i. General Instructions:
a. RFQ responses must be signed by an officer or principal of your firm.
b. RFQ responses must be contained in a single searchable PDF document not to
exceed 20 pages total including whatever pictures, charts, graphs, tables, and
text the firm deems appropriate to be part of the review of the firm's
qualifications. A separate transmittal letter, cover page, cover sheets, and
dividers are exempted from the page limit.
c. Schedules may be submitted in addition to the page limit.
ii. Firm Information:
a. Experience. Respondent must demonstrate successful experience and capacity
to act as a contractor on projects of similar size, type and complexity. Provide
the name and location of each project, the client, and the contact person and
phone number. Describe experience and qualifications of the professional
personnel to be assigned to this project. Describe your recent and current work
for the City of Bozeman, if any.
272
b. Firm Background. Provide information about the firm, including location.
Describe the firm’s history. Include information identifying the firm’s annual
volume of business, financial/bonding capacities, and speak to the firm’s
stability in the marketplace. Information identifying the firm’s strengths and
weaknesses along with special capabilities that may be appropriate to the
Project will assist in the evaluation.
c. Firm Workload. Provide the status of current and anticipated work within the
firm in terms of time and magnitude for the anticipated Project schedule as it
relates to availability of key personnel and your firm. Describe the firm’s
capability to meet time and project budget requirements.
d. Claims. At any time in the last ten (10) years has your firm been assessed and
paid liquidated damages after completion of a project under a contract with a
public owner?
e. References. Provide detailed contact information for the Owner for at least five
(5) project undertaken by your firm within the past five years.
C. EVALUATION CRITERIA
Qualifications will be evaluated by the Selection Committee who will individually score
them out of a total of 100 possible points based on the criteria below.The scoring criteria
and possible point values are:
1. Respondent’s experience with projects of similar size and design:
Possible Points: 40
2. Firm’s Qualifications:
Possible Points: 20
3. Capabilities to meet time schedule and project budget requirements.
Possible Points: 20
4. Present and projected workloads:
Possible Points: 10
5. Past projects/experience working with the City of Bozeman:
273
Possible Points: 5
6. Office(s) location:
Possible Points: 5
VI. FORM OF AGREEMENT
The form of agreement is attached to this document as Attachment B
VII. CITY RESERVATION OF RIGHTS
All proposals submitted in response to this RFQ 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 RFQ 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 RFQ, all Respondents who submitted will be notified using email.
B. The City reserves the right to accept or reject any and all submissions; to add or delete
items and/or quantities; to amend the RFQ; to waive any minor irregularities,
informalities, or failure to conform to the RFQ; 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 RFQ and if multiple awards are
determined by the City to be in the public interest.
C. The City reserves the right to reject the submission of any person/firm who previously
failed to perform properly to the satisfaction of the City, or complete on time agreements
of similar nature, or to reject the submission of any person/firm who is not in a position
to perform such an agreement satisfactorily as determined by the City.
D. The City reserves the right to determine the best qualified Respondents and negotiate
a final scope of service and cost, negotiate a contract with another Respondents if an
agreement cannot be reached with the first selected Respondents, or reject all
proposals.
E. The successful Respondents will be required to enter into a contract with the City,
which will incorporate the Respondents' scope of service and work schedule as part of
274
the agreement.
F. This RFQ does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by Respondents in responding to this request for
qualifications or 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 Respondents, by submitting a response to this RFQ, waives all
right to protest or seek any legal remedies whatsoever regarding any aspect of this
RFQ.
G. This project is subject to the availability of funds.
VIII. 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.
IX. 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, its officers, employees,
contractors, or consultants. Respondents shall have the responsibility of all salaries, wages,
275
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 SOQ 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.
X. ATTACHMENTS
The following exhibits are incorporated in this RFQ:
Appendix A: Non-Discrimination Affirmation
END OF RFQ
276
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(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, ____________________________________(name of entity submitting) hereby affirms it will
abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has
visited the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has
read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
277
ATTACHMENT B
PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 20___ (“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, ____________, _______________, hereinafter referred to as “Consultant” or “Architect.”
The City and Architect 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 hire Consultant as an independent 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. Effective Date: This Agreement is effective upon the Effective Date and will expire on the
_____ day of ____________, 20___, unless earlier terminated in accordance with this Agreement.
3. Scope of Work: Consultant will perform the work and provide the services in accordance
with the requirements of the Scope of Services attached hereto. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Architect ________________ Dollars ($_________) for
services performed pursuant to the Scope of Services. In addition, production of reproducible record
drawings will be billed at the hourly rate, not to exceed ________________ Dollars ($_________). Any
alteration or deviation from the described work that involves additional costs above the Agreement amount
will be performed by Architect after written request by the City, and will become an additional charge over
and above the contract amount. The parties must agree in writing upon any additional charges.
5. Consultant’s Representations:
To induce City to enter into this Agreement, Architect makes the following representations:
a. Architect 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, growth policies, adopted plans of
the City, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of
the Scope of Services.
278
b. Architect 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: The parties agree that Architect is an independent
contractor for purposes of this Agreement and is not to be considered an employee of the City for any
purpose. Architect 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. Architect is not
authorized to represent the City or otherwise bind the City in any dealings between Architect and any third
parties.
Architect 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. Architect shall maintain workers’ compensation coverage for all members and
employees of Architect’s business, except for those members who are exempted by law.
Architect 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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to
the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold the City, its agents,
representatives, employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be
asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including
but not limited to, personal injury, including bodily injury or death, property damage, occasioned by,
growing out of, or in any way arising or resulting from any intentional or negligent act on the part of
Architect or Architect’s agents or employees.
For the professional services rendered, to the fullest extent permitted by law, Architect 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 Architect or Architect’s agents or employees.
Architect 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.
279
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 City be required to bring an action against the
Architect to assert its right to defense or indemnification under this Agreement or under the Architect’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 Architect was obligated to defend the claim(s) or was obligated to indemnify
the City for a claim(s) or any portion(s) thereof.
The obligations of this Section shall survive termination of this Agreement and the services
performed hereunder.
In addition to and independent from the above, Architect shall secure insurance coverage acceptable
to the City and furnish to the City an accompanying certificate of insurance issued by a company authorized
to do business in the State of Montana 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; $2,000,000 annual
aggregate
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
The City of Bozeman shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The insurance and
required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day
notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements
prior to the Architect commencing work.
8. Professional Service: Architect agrees that all services and work performed hereunder will
be accomplished in a professional manner.
9. Compliance with Laws: Architect agrees to comply with all federal, state and local laws,
ordinances, rules and regulations, including the safety rules, codes, and provisions of the Montana Safety
Act in Title 50, Chapter 71, MCA. Architect agrees to purchase a City business license.
10. Nondiscrimination and Equal Pay: The Architect agrees that all hiring by Architect of
persons performing this Agreement shall be on the basis of merit and qualifications. The Architect will have
a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-
discrimination laws, regulations, and contracts. The Architect 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
280
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 Architect 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.
Architect 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).
Architect must report to the City any violations of the Montana Equal Pay Act that Architect has been found
guilty of within 60 days of such finding for violations occurring during the term of this Agreement.
Architect shall require these nondiscrimination terms of its subcontractors providing services under
this Agreement.
11. Default and Termination: If either Party fails to comply with any condition of this
Agreement at the time or in the manner provided for, the other Party, at its option, may terminate this
Agreement and be released from all obligations if the default is not cured within ten (10) days after written
notice is provided to the defaulting Party. Said notice shall set forth the items to be cured. Additionally,
the non-defaulting Party may bring suit for damages, specific performance, and any other remedy provided
by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the
others. Notices shall be provided in writing and hand-delivered or mailed to the Parties at the addresses set
forth in the first paragraph of this Agreement.
12. Modification and Assignability: This document contains the entire agreement between the
parties and no statements, promises or inducements made by either party or agents of either party, which
are not contained in this written Agreement, may be considered valid or binding. This Agreement may not
be enlarged, modified or altered except by written agreement signed by both parties hereto. The Architect
may not subcontract or assign Architect’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.
13. Ownership and Publication of Materials: All reports, information, data, and other
materials prepared by the Architect pursuant to this Agreement, except those separately identified in the
Scope of Services or in other written agreements between the parties, are jointly owned by the Architect
and the City. The City has authority to release, publish or otherwise use, in whole or part, reports,
information, data and other materials prepared by Architect pursuant to this Agreement, except those
separately identified in the Scope of Services or in other written agreements between the parties. Any re-
use without written verification or adaptation by the Architect for the specific purpose intended will be at
the City’s sole risk and without liability or legal exposure to the Architect. No material produced in whole
or in part under this Agreement may be copyrighted or patented in the United States or in any other country
without the prior written approval of the City.
14. Representatives and Notices:
281
a. City’s Representative: The City’s Representative for the purpose of this Agreement
shall be _________________ 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, Architect 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. Architect’s Representative: The Architect’s Representative for the purpose of this
Agreement shall be _____________________ or such other individual as Architect shall designate
in writing. Whenever direction to or communication with Architect is required by this Agreement,
such direction or communication shall be directed to Architect’s Representative; provided, however,
that in exigent circumstances when Architect’s Representative is not available, City may direct its
direction or communication to other designated Architect 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.
15. Applicability: This Agreement and any extensions hereof shall be governed and construed
in accordance with the laws of the State of Montana.
16. Reports/Accountability/Public Information: Architect agrees to develop and/or provide
documentation as requested by the City demonstrating Architect’s compliance with the requirements of this
Agreement. Architect 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
Architect pursuant to this Agreement was used in compliance with this Agreement and all applicable
provisions of federal, state, and local law. The Architect shall not issue any statements, releases or
information for public dissemination without prior approval of the City.
17. 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.
18. Counterparts: This Agreement may be executed in counterparts, which together constitute
one instrument.
282
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate
employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel from each party
duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties
may invite an independent, disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the date
the dispute was first raised, then such dispute may only be resolved in a court of competent
jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which
they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives, successors, and assigns of the parties.
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. 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.
29. 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.
283
30. 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
__________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
284
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above
written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
ARCHITECT (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
285
Memorandum
REPORT TO:City Commission
FROM:Bob Murray, Project Engineer
Shawn Kohtz, City Engineer
SUBJECT:Authorize City Manager to sign Amendment No. 3 to the Professional
Services Agreement with Robert Peccia and Associates for the Sourdough
Transmission Main Phase 2 Project.
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign Amendment No. 3 to the Professional
Services Agreement with Robert Peccia and Associates for the Sourdough
Transmission Main Phase 2 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. 3 with Robert
Peccia and Associates for the Sourdough Transmission Main Phase 2 Project.
The document is in the City’s standard format.
During the course of construction, the project experienced several delays
related to material shortages. The delays also caused the project to go
through a winter shut down requiring the contractor to come back this year
and complete the chip sealing of the road. All of this resulted in additional
construction inspection and management be complete by the consultant on
the project. This amendment is needed to cover the extra time for those
engineering services.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:$18,900 from ARPA grant funds. The construction of the project was
complete $43,773.08 under the award amount. With the additional
engineering, it will be $24,873.08 under budget.
Attachments:
Amendment 3 Sourdough Transmission Main - Additional
Work During Construction.pdf
286
Report compiled on: February 1, 2024
287
1
Amendment No. 3 to Professional Services Agreement for
Bozeman Sourdough Phase 2 Additional Work During Construction
THIS AGREEMENT is made as of this ________ day of January, 2024, between THE
CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER and Robert Peccia and Associates, an Engineering Consulting Firm of Helena, Montana, herein referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement dated April
20, 2020, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows: The conditions and provisions set forth in the attached exhibits to this AMENDMENT THREE to the Original Agreement; EXHIBIT G (Engineering Fee Proposal for Construction Phase
Services Due to Additional Work During Construction) and EXHIBIT H (Schedule of
Reimbursable Expenses) are hereby incorporated in and made part of this Agreement. EXHIBIT A (Engineer’s Status During Construction), EXHIBIT B (Listing of the Duties, Responsibilities and Limitations of Authority of the Resident Project Representative), EXHIBITS C, D, E (Fee Proposals), and EXHIBIT F (Schedule of Reimbursable Expenses)
which were attached to Amendment No. 2 remain in effect for this amendment.
This Amendment 3 shall cover engineering expenses due to Change Order increased inspection time of 12 days, additional geotechnical investigation and testing on imported road subgrade gravel, and additional survey for asphalt to determine quantities to be paid.
ARTICLE 1 - ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows:
The engineering proposed work consists of construction of a new 30” DI water
transmission main along Sourdough Road with 3 tie-ins to existing water main. This project includes construction of approximately 7,800 feet of 30” buried DI water piping, hot taps, fittings, valves, fire hydrant and related improvements. Major work tasks for the bid phase include bid advertisement, conducting a pre-bid conference, distribution of
bid documents and plan holders list, answering bidder questions, preparation of addenda,
288
2
attending bid opening, preparation of certified bid tabulations and make recommendation for award to the City and related items. Major work tasks for the construction phase
include conducting a pre-construction conference, providing project survey control points
for the construction contractor, review of contractor submittals, preparation of progress reports, preparation of work orders and change orders, construction inspection, preparation of as-built drawings and project closeout services.
1.2. The scope of services under this contract is set forth in the Original Agreement and this
Amendment Three to the Original Agreement and the attached EXHIBIT(S). ARTICLE 4 - BASIC ENGINEERING SERVICES
4.5 ADDITIONAL WORK DURING CONSTRUCTION PHASE The responsibilities of the ENGINEER during the Additional Work During Construction Phase
are summarized in Amendment 3 and as follows:
4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER'S representative as provided in EXHIBIT A - ENGINEER'S STATUS DURING CONSTRUCTION, attached to Amendment 2
and made part of this Agreement and may be further provided under the General
Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of the ENGINEER on the construction job site as assigned here-in shall not be modified except as the ENGINEER may otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through ENGINEER who
will have authority to act on behalf of OWNER to the extent provided in the General
Conditions except as otherwise provided in writing. 4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident Project Representative at the job site to provide observation of the work as provided in
EXHIBIT B - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE, (attached to Amendment 2) and as outlined and discussed in Amendment 2.
ARTICLE 6 – COMPENSATION FOR ENGINEERING SERVICES
Except as specifically amended herein, the original agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein.
289
3
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under section 4.5 shall be compensated in accordance with the following: 6.2.1 The OWNER shall pay for Construction Phase Services an amount not to exceed
$18,900 except as provided under 6.2.1.2 and 6.2.4. See attached Exhibit to this
Amendment Three: Exhibit G Engineering Fee Proposal for Construction Phase Serviced Due to Additional Work during Construction for a summary of the construction phase engineering services costs.
6.2.1.1 Costs Compensation. Compensation for these services shall be based on
the ENGINEER's Direct Labor Cost times a factor of 3.0475 for services rendered which shall cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit.
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 of the original agreement.
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 $2,559.00. The estimated reimbursable expenses are identified in the attached Exhibits to this Amendment: Exhibits "G (Additional Work During Construction Phase) and H
(Schedule of Reimbursable Expenses)".
290
4
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the
day and year first above written. CITY OF BOZEMAN By:
______________________________________
ATTEST: ________________________________________
Mike Mass
City Clerk APPROVED AS TO FORM
By:____________________________________ City Attorney ENGINEER
ROBERT PECCIA AND ASSOCIATES
By:_______________________________________ President ATTEST:
By:___________________________________
291
5
EXHIBIT G
ESTIMATE OF ADDITIONAL WORK DURING CONSTRUCTION PHASE COSTS
292
ROBERT PECCIA & ASSOCIATES Bozeman Sourdough Phase 2
CIVIL ENGINEERING SERVICES CONTRACT Bozeman, MontanaSCHEDULE OF ESTIMATED COSTS
ADDITIONAL WORK DURING CONSTRUCTION PHASE City of Bozeman30-Inch Transmission Pipeline
RPA Project No. 20702
Date: January 16, 2024
Person HoursGroup Project Project Project Survey Surveyor Survey Crew Accountant CADD CADD Admin.TotalWork Item/Subtask Manager Manager Engineer Inspector Manager Chief Manager Operator Person$73.70 $62.40 $54.23 $35.93 $55.91 $42.36 $55.67 $55.67 $49.42 $38.37 $33.80 Hours
ADDITIONAL WORK DURING CONSTRUCTION PHASEProject Management 4.00 4.00 2.00 10.00Construction Administration 32.00 32.00Construction Surveying 4.00 24.00 28.00
Additional Construction Inspection 32.00 32.00
TOTAL PERSON-HOURS:4.0 36.0 0.0 32.0 4.0 0.0 24.0 2.0 0.0 0.0 0.0 102.0LABOR COST PER EMPLOYEE:$294.80 $2,246.40 $0.00 $1,149.76 $223.64 $0.00 $1,336.08 $111.34 $0.00 $0.00 $0.00 $5,362.02
DIRECT EXPENSES Assumptions / Exclusions:
Equipment (Survey GPS $400/day)$400.00Equipment (Computers)$484.00Per Diem - Day $150.00
Per Diem - Overnight $800.00Mileage $475.00Telephone and Fax $150.00Printing$100.00Misc. Supplies $0.00Total:$2,559.00
SUMMARY OF ENGINEERING SERVICES
Loaded Labor Cost $16,340.76Direct Expenses $2,559.00
Total Engineering Fee:$18,900
AMENDMENT NUMBER THREE EXHIBIT G FEE PROPOSAL FOR ADDITIONAL WORK DURING CONSTRUCTION PHASE SERVICES
293
6
EXHIBIT H SCHEDULE OF REIMBURSIBLE EXPENSES
294
TRAVEL EXPENSES:
Standard Mileage Rate (Required on Government projects) $0.655 per mile or Federally Allowable Rate
Regular Mileage Rate $0.705 per mile
SUE Truck - Mileage $1.00 per mile
Per Diem State or Federally Allowable Rates
Cessna 172 $160.00 per hour
Other $ at actual cost
PRODUCTION EXPENSES:
Plain Paper Photocopies $0.10 per copy
Color Photocopies $0.75 per copy
All Other Outside Printing Expenses $ at actual cost
Photographic Developing Charges $ at actual cost
CONSTRUCTION ENGINEERING & SURVEYING EQUIPMENT:
4-Wheeler $100.00 per day
Borescope Inspection Cameria $40.00 per day
Confined Space Entry Equipment $100.00 per day
Controlotron Ultrasonic Flow Meter $15.00 per hour/$100.00 per day
Digital Level $75.00 per day/$350 per week/$1000 per month
Echosounder $80.00 per day/$400 per week/$1,200 per month
GPS - Rover $200.00 per day
GPS - RTK System $400.00 per day
Laser Level $20.00 per day/$75 per week/$225 per month
Line Locator $75.00 per day
Nuclear Densometer $100.00 per day/$200 per week/$650 per month
Open Channel Flow Meter (Flo Dar) $100.00 per day
Structural Rebar Locator / Cover Meter $150.00 per day
Robo - 5600 $150.00 per day
Robot S6 $325.00 per day
SUE - Vacuum Truck Usage $150.00 per hour
Trimble Handheld GPS $50.00 per day
Troll 9500 (Water Quality Sampler) $560.00 per month
ZIPLEVEL Pro-2000 High Precision Altimeter $50.00 per day
TRAFFIC & TRANSPORTATION EQUIPMENT:
Traffic Counters/Miovision Scout $100.00 per day
OFFICE EQUIPMENT & SUPPLIES:
PC Time $2.50 per hour
CAD Time $7.00 per hour
Shipping / Postage Costs $ at actual cost
Other Office Supplies (Specifically purchased for project) $ at actual cost
SUBCONTRACTORS:
Invoiced at actual cost incurred by Consultant plus administrative charges.
OTHER EQUIPMENT:
All other equipment is included in the hourly rate charge, and the client will not be charged separately
for such items. This policy is subject to change in the future. The above equipment list may be
amended as necessary for future equipment purchases.
APPROVED BY: RPA BOARD OF DIRECTORS Date: August 29, 2023
ROBERT PECCIA & ASSOCIATES, INC.
SCHEDULE OF REIMBURSABLE EXPENSES
January 1, 2023
Revised August 29, 2023
F:\Acctg\ADMIN\Reimbursable Expenses\Reim Exp Schedule\REIMBEXP 2023 Revised 08_29_23
295
Breakfast 13.00$
Lunch 15.00$ Full Day Meals Per Diem Total 59.00$
Dinner 26.00$
Incidental Expenses 5.00$
Lodging 107.00$
Full Day Total 166.00$
Robert Peccia & Associates
FY2024 Standard Per Diem Rates
Effective 10/01/2023 - 09/30/2024
}
296
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5541 Modification of Special Improvement Lighting District 772
for Blackwood Groves to include all remaining phases.
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Commission Resolution No. 5541
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 772 was created in November of 2021 to include only phases 1 & 9
of the Blackwood Groves Subdivision. This modification expands the district
to include all properties in all phases of Blackwood Groves Subdivision 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
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 $43.41 per acre within the district or $2,629.08 annually
297
for the entire district.
Attachments:
Resolution 5541-Modify SILD 772-Blackwood Groves.doc
Report compiled on: February 8, 2024
298
Page 1 of 4
RESOLUTION 5541
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 772
(BLACKWOOD GROVES) TO INCLUDE ALL REMAINING PHASES 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 January 23, 2024, adoptedResolution No
5540 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
modify a special lighting district, designated as Special Lighting District No. 772 (Blackwood
Groves)oftheCity(the “District”), under MontanaCode 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 paying costs 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
299
Resolution 5541, Modification of SILD 772
Page 2 of 4
“Protest Period”).
Section 3
Protests. Within the Protest Period, no protests were 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 Tuesday 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. 772 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.
300
Resolution 5541, Modification of SILD 772
Page 3 of 4
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
February 27, 2024.
___________________________
TERENCE CUNNINGHAM
ATTEST:Mayor
____________________________________
ALEX NEWBY
Deputy City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
301
Resolution 5541, Modification of SILD 772
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 No5541
entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO 772
(BLACKWOOD GROVES) TO INCLUDE ALL REMAINING PHASES TO THIS DISTRICT
FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO
BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.”5541 (the
“Resolution”), is on file in the original records of the City in my legal custody; that the Resolution
wasduly adopted by the City Commission of the City at a meeting on February 27, 2024andthatthe
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 27th day of February 2024.
___________________________________
Alex Newby
Deputy City Clerk
302
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5572 Creation of Special Improvement Lighting District 783,
Phases A & C of Sundance Minor Subdivision
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5572 Creation of Special Improvement
Lighting District 783, Phases A & C of Sundance Minor Subdivision
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 Commission did on January 23, 2024, adopt Commission Resolution No
5571 Intent to Create Special Improvement Lighting District 783, Phases A &
C of Sundance Minor Subdivision as per MCA 7-12-4301. The property owner
has been noticed of the public hearing on this date. Creating a lighting
district is a requirement of final plat approval.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
estimated to cost $56.08 per acre within the district or $885.60 annually for
the entire district.
Attachments:
Resolution 5572-Creation of SILD 783.doc
Report compiled on: February 8, 2024
303
Page 1 of 4
RESOLUTION 5572
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 783 PHASES A & C OF
SUNDANCE MINOR SUBDIVISION CREATING THE DISTRICT FOR THE PURPOSE
OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
MAINTENANCE AND ENERGY THEREFOR 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 January 23, 2024, adoptedResolution No.
5571 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
create a special lighting district, designated as Special Lighting District No.783 (Phases A & C of
Sundance Minor Subdivision 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 paying costs incidental thereto,
including costs associated with the creation 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
304
Resolution 5572, Creation of SILD 783 – PHASES A & C OF SUNDANCE MINOR SUBDIVISION
Page 2 of 4
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”).
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
Creation 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 Intention. 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 783 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
305
Resolution 5572, Creation of SILD 783 – PHASES A & C OF SUNDANCE MINOR SUBDIVISION
Page 3 of 4
pay costs of the Improvements.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 27
th day of February 2024.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
________________________________________
ALEX NEWBY
Deputy City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
306
Resolution 5572, Creation of SILD 783 – PHASES A & C OF SUNDANCE MINOR SUBDIVISION
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. 5572 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 783(PHASES A & C
OF SUNDANCE MINOR SUBDIVISION); CREATING THE DISTRICT FOR THE
PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE
COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTEDPROPERTY
BYTHE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records
of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the
City at a meeting on February 27, 2024 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 27th day of February 2024.
___________________________________
ALEX NEWBY
Deputy City Clerk
307
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Resolution 5510, Adoption of the Gran Cielo II Annexation, Annexing
Approximately 81.468 acres and Adjacent Rights-of-Way, Application 22090
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution 5510
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The Commission approved Application 22090 on June 13, 2023, to annex
81.468 acres and establish an initial zoning designation of R-4, Residential
High-Density District and R-3, Residential Moderate Density District, subject
to terms of annexation and contingencies for zoning. Final documents and
easements were received by the Applicant on February 6, 2024. A signed
annexation agreement was received on November 21, 2023.
The Commission voted (4:1) to approve the annexation, Commissioner
Madgic dissenting. The Commission unanimously approved the zone map
amendment for the property. The adoption of the Resolution annexaing the
property must be approved before the initial zoning can be established.
Therefore, staff created "Consent III" to address this situation.
The property is located south of West Graf Street between South 27th
Avenue and Fowler Lane. The application received public comment. Based
on the public the comment the applicant revised their application to include
a mix of R-3 and R-4. The final action approved the mix of R-3 and R-4 as
shown on the attached zoning map.
The proposed annexation would bring in additional right of way to build out
sections of Kurk Drive, West Graf Street, Fowler Lane, and upon future
development additional internal local street network.
The property is currently vacant with no existing development or city
308
services on the parcel. Nearby municipal zoning includes R-4 on a portion of
the southern border, R-3 on the south, east, and northeast sides. The
remaining area is bordered by un-annexed property zoned A-S in the Gallatin
County Bozeman Area Zoning District. The subject properties are within the
urban planning and municipal service area for the City.
UNRESOLVED ISSUES:There are no unresolved issues with this Resolution.
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
22090 GC II Resolution 5510.pdf
010 Gran Cielo II Annexation Exhibit - 24x36.pdf
Report compiled on: February 13, 2024
309
Version April 2020
Page 1 of 3
RESOLUTION 5510
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF
THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS
GRAN CIELO II ANNEXATION, APPLICATION 22090.
WHEREAS, the City of Bozeman received a petition for annexation from Bozeman Haus
Two, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as
to include an area of land containing approximately 81.468 acres, described herein; and
WHEREAS, an annexation staff report was prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on May 2 and
June 13, 2023; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
May 2 and June 13, 2023; and
WHEREAS, the City did not receive written protest from the real property owners of the
area to be annexed; and
WHEREAS, on February 27, 2024, the Commission received the executed annexation
agreement addressing all recommended terms of annexation; and
WHEREAS, the provision of available services, including, but not limited to, streets,
rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's,
and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written
agreement between the City and the Landowner; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this
contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof.
310
Version April 2020
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the
following-described property, which is contiguous to the municipal boundaries of the City of
Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended
so as to embrace and include such approximately 81.468 acres, to wit:
Legal Description
An area of land comprised described as follows:
An area of land being Tracts A, B, and C of C.O.S. 3098, located in Section 23,
Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County and
being further described as follows:
A tract of land being Tract 1 of Certificate of Survey No. 2074 and Tract A of Certificate
of Survey No. 1861, all located in the North Half of the Southwest Quarter of Section 23,
Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly
described as follows;
BEGINNING at the One-Quarter corner common to Section 22 & 23 of said Township
and Range, which is a 1.5" aluminum cap;
thence N 89°48'37" E a distance of 1335.12' to a 2" aluminum cap "4955S" at the CW
1/16 corner of said Section 23;
thence N 89°46'57" E a distance of 1335.02' to a calculated point at the center of said
Section 23;
thence S 00°10'17" W a distance of 1332.94' to a calculated point at the CS 1/16 corner of
said Section 23;
thence S 89°52'06" W a distance of 1332.12' to a 2" aluminum cap "4955S" at the SW
1/16 corner of said Section 23;
thence S 89°49'11" W a distance of 1331.64' to a 2" O.D. iron pipe at the S 1/16 corner
common to said Sections 22 & 23;
thence N 00°06'11" W a distance of 1330.70' to the point of beginning,
containing 81.512 acres, more or less.
SUBJECT to all easements of record or apparent from visual inspection of the property.
All as depicted on the GRAN CIELO II Annexation Map.
311
Version April 2020
Page 3 of 3
Section 2
The effective date of this annexation is February 27, 2024.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the ___th day of _____________, 2024.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
312
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXOHP
OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOH
P
O
H
P
O
H
P XXXX X X X XUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGP
UGP UGP UGP UGP UGP UGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGP
UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIB UG-FIBUG-TELE
UG-TELEUG-TE
LE
UG-TE
LE
UG-TE
LE
UG-TEL
E
UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UG-TELE
GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS
SWR SWR SWR SWR
STM
STM STM STM STM
STMSWRSWRSWRSWRSWRSWRSWR SWR SWR SWR SWR SWR SWR
SWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWR SWR SWR SWR
SWRSWRSWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR
SWRSWRSWRSWRSWRSWRSTMSTMSTMSTMSTMSTMSTMSTMSTMSTM STM
STMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTM STM STMSTMSTMSTMSTMSTMSTMSTM SWRSWRSWRSWRSWRSWRSWRGASGAS
GAS
GASUGP
UGP
UGP
UGP
GAS GAS GAS GAS GAS GASUGPUGPUGPUGPUGPUGPUGP UGPUG-TELE UG-TELE UG-TELE UG-TELE UG-TELE UGPUGPUGPUGPUGPGAS GAS GAS GAS GAS GAS
GASGASGASGASUG-TELEUG-TELEUG-TELEGRAF STREET
KURK DRIVE S 27TH AVENUEFOWLER AVENUEPROPOSED ANNEXATION
SHEETMADISON ENGINEERING895 TECHNOLOGY BLVD, SUITE 203BOZEMAN, MT 59718(406) 586-0262GRAN CIELO II
ANNEXATION
EX. AGRAN CIELO IIANNEXATION EXHIBITBOZEMAN MTEXHIBIT A
GRAN CIELO II ANNEXATION to
BOZEMAN MONTANA
A TRACT OF LAND SITUATED IN THE
SW 1/4 OF SECTION23 T2S, R5E
P.M.M. GALLTIN COUNTY MT
TRACT 1 COS 2074
NW 1/4 SW 1/4 SECTION 28, T2S, R5E
40.735 ACXES 1,774,417 S.F.
CURRENT ZONING: COUNTY
(AGRICULTURAL SUBURBAN)
PROPOSED ZONING: R4
PARCEL A COS 1861
NW 1/4 SW 1/4 SECTION 28, T2S, R5E
40.733 ACRES 1,776,072 S.F.
CURRENT ZONING: COUNTY
(AGRICULTURAL SUBURBAN)
PROPOSED ZONING: R3 & R4
1" =
0
SCALE
100'
200'50'100'
GRAN CIELO II ANNEXATION LEGAL DESCRIPTION:
A TRACT OF LAND BEING TRACT 1 OF CERTIFICATE OF SURVEY NO. 2074 AND TRACT A OF CERTIFICATE OF SURVEY NO. 1861, ALL LOCATED IN THE NORTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE ONE-QUARTER CORNER COMMON TO SECTION 22 & 23 OF SAID TOWNSHIP AND RANGE, WHICH IS A 1.5" ALUMINUM CAP;
THENCE N 89°48'37" E A DISTANCE OF 1335.12' TO A 2" ALUMINUM CAP "4955S" AT THE CW 1/16 CORNER OF SAID SECTION 23;
THENCE N 89°46'57" E A DISTANCE OF 1335.02' TO A CALCULATED POINT AT THE CENTER OF SAID SECTION 23;
THENCE S 00°10'17" W A DISTANCE OF 1332.94' TO A CALCULATED POINT AT THE CS 1/16 CORNER OF SAID SECTION 23;
THENCE S 89°52'06" W A DISTANCE OF 1332.12' TO A 2" ALUMINUM CAP "4955S" AT THE SW 1/16 CORNER OF SAID SECTION 23;
THENCE S 89°49'11" W A DISTANCE OF 1331.64' TO A 2" O.D. IRON PIPE AT THE S 1/16 CORNER COMMON TO SAID SECTIONS 22 & 23;
THENCE N 00°06'11" W A DISTANCE OF 1330.70' TO THE POINT OF BEGINNING,
CONTAINING 81.512 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS OF RECORD OR APPARENT FROM VISUAL INSPECTION OF THE PROPERTY.
313
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2148, Provisional Adoption, Establishing a Zoning Designation of
R-4, Residential High-Density District, and R-3, Residential Moderate Density
District, in Association with the Annexation of 81.468 Acres, the Gran Cielo II
Annexation, Application 22090
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Provisionally adopt Ordinance 2148
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The Commission approved Application 22090 on June 13, 2023, to annex
81.468 acres and establish an initial zoning designation of R-4, Residential
High-Density District and R-3, Residential Moderate Density District subject
to terms of annexation and contingencies for zoning. Final documents and
easements were received by the Applicant on February 6, 2024. A signed
annexation agreement was received on November 21, 2023.
The Commission voted (4:1) to approve the annexation, Commissioner
Madgic dissenting. The Commission unanimously approved the zone map
amendment for the property. The adoption of the Resolution annexing the
property must be approved before the initial zoning can be established.
Therefore, staff created "Consent III" to address this situation.
The property is located south of West Graf Street between South 27th
Avenue and Fowler Lane. The application received public comment. Based
on the public the comment the applicant revised their application to include
a mix of R-3 and R-4. The final action approved the mix of R-3 and R-4 as
shown on the attached zoning map.
The proposed annexation would bring in additional right of way to build out
sections of Kurk Drive, West Graf Street, Fowler Lane, and upon future
314
development additional internal local street network.
The property is currently vacant with no existing development or city
services on the parcel. Nearby municipal zoning includes R-4 on a portion of
the southern border, R-3 on the south, east, and northeast sides. The
remaining area is bordered by un-annexed property zoned A-S in the Gallatin
County Bozeman Area Zoning District. The subject properties are within the
urban planning and municipal service area for the City.
UNRESOLVED ISSUES:There are no issues with this Ordinance.
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
22090 GC II Ordinance 2148.pdf
011 Gran Cielo II Zone Map Amendment Exhibit - 24x36.pdf
Report compiled on: February 13, 2024
315
Ord 2148
Page 1 of 6
ORDINANCE 2148
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 81.468 ACRES AS R-4, RESIDENTIAL HIGH-DENSITY DISTRICT AND
R-3, RESIDENTIAL MODERATE DENSITY DISTRICT, KNOWN AS THE GRAN
CIELO II ZONE MAP AMENDMENT, APPLICATION 22090.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to establish a zoning classification of R-4 (Residential High Density) and
R-3 (Residential Moderate Density District) for approximately 47.478 acres and 34.034 acres
respectively has been properly submitted, reviewed, and advertised; and
316
Ordinance No. 2148, Gran Cielo II ZMA
Page 2 of 6
WHEREAS, after proper notice, the Bozeman Community Development Board acting in
their capacity as the Zoning Commission held a public hearing on March 20, 2023 to receive and
review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the Bozeman Zoning Commission did not recommend the Bozeman City
Commission that application No. 22090 the Gran Cielo II Zone Map Amendment, be approved as
requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on May 2
and continued to June 13, 2023 to receive and review all written and oral testimony on the request
for the zone map amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, has found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
317
Ordinance No. 2148, Gran Cielo II ZMA
Page 3 of 6
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
application.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of the Gran Cielo
II Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby designated as
R-4, Residential High-Density District:
An area of land comprised described as follows:
A tract of land being Tract 1 of Certificate of Survey No. 2074 and portions of Tract A of
Certificate of Survey No. 1861, all located in the North Half of the Southwest Quarter of
Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, more
particularly described as follows;
BEGINNING at the One-Quarter corner common to Section 22 & 23 of said Township
and Range, which is a 1.5" aluminum cap;
thence N 89°48'37" E a distance of 1335.12' to a 2" aluminum cap "4955S" at the CW
1/16 corner of said Section 23;
thence N 89°46'57" E a distance of 129.42' to a calculated point;
thence S 00°00'23" W a distance of 295.06' to a calculated point;
thence N 89°48'37" E a distance of 118.08' to a calculated point;
thence S 00°10'17" W a distance of 1036.19' to a calculated point;
thence S 89°52'06" W a distance of 245.46' to a 2" aluminum cap "4955S" at the SW 1/16
corner of said Section 23;
thence S 89°49'11" W a distance of 1331.64' to a 2" O.D. iron pipe at the S 1/16 corner
common to said Sections 22 & 23;
318
Ordinance No. 2148, Gran Cielo II ZMA
Page 4 of 6
thence N 00°06'11" W a distance of 1330.70' to the point of beginning,
containing 47.478 acres, more or less.
SUBJECT to all easements of record or apparent from visual inspection of the property.
That the zoning district designation of the following-described property is hereby designated as
R-3, Residential Moderate Density District:
An area of land comprised described as follows:
A tract of land being portions of Tract A of Certificate of Survey No. 1861, located in the
North Half of the Southwest Quarter of Section 23, Township 2 South, Range 5 East,
P.M.M., Gallatin County, Montana, more particularly described as follows;
BEGINNING at a calculated point at the center of said Section 23;
thence S 00°10'17" W a distance of 1332.94' to a calculated point at the CS 1/16 corner of
said Section 23;
thence S 89°52'06" W a distance of 1086.66' to a calculated point;
thence N 00°10'17" E a distance of 1036.19' to a calculated point;
thence S 89°48'37" W a distance of 118.08' to a calculated point;
thence N 00°00'23" E a distance of 295.06' to a calculated point;
thence N 89°46'57" E a distance of 1205.60' to the point of beginning,
containing 34.034 acres, more or less.
SUBJECT to all easements of record or apparent from visual inspection of the property.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
319
Ordinance No. 2148, Gran Cielo II ZMA
Page 5 of 6
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
320
Ordinance No. 2148, Gran Cielo II ZMA
Page 6 of 6
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___th day of _______________, 2024.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of
________________, 2024. The effective date of this ordinance is _____________, ____, 2024.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
321
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXOHP
OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOH
P
O
H
P
O
H
P XXXX X X X X
SWR SWR SWR SWR
STM
STM STM STM STMSTMSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWR
SWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWR SWR SWR SWR
SWRSWRSWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR
SWRSWRSWRSWRSWRSWRSTMSTMSTMSTMSTMSTMSTMSTMSTMSTM STM
STMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTM STM STMSTMSTMSTMSTMSTMSTMSTM SWRSWRSWRSWRSWRSWRSWRGRAF STREET
KURK DRIVE S 27TH AVENUEFOWLER AVENUER4 - PROPOSED
ZONING
47.478 ACRES
R3 - PROPOSED
ZONING
34.034 ACRES
R4 - PROPOSED INITIAL
ZONING DESIGNATION
R3 - PROPOSED INITIAL
ZONING DESIGNATION
1" =
0
SCALE
100'
200'50'100'
GRAN CIELO II
ZMA
EX. B
SHEETMADISON ENGINEERING895 TECHNOLOGY BLVD, SUITE 203BOZEMAN, MT 59718(406) 586-0262EXHIBIT B
GRAN CIELO II ANNEXATION to
BOZEMAN MONTANA
A TRACT OF LAND SITUATED IN THE
SW 1/4 OF SECTION23 T2S, R5E
P.M.M. GALLTIN COUNTY MT
GRAN CIELO IIINITIAL ZONINGDESIGNATION EXHIBITBOZEMAN MTTRACT 1 COS 2074
NW 1/4 SW 1/4 SECTION 28, T2S, R5E
40.735 ACXES 1,774,417 S.F.
CURRENT ZONING: COUNTY
(AGRICULTURAL SUBURBAN)
PROPOSED ZONING: R4
PARCEL A COS 1861
NW 1/4 SW 1/4 SECTION 28, T2S, R5E
40.733 ACRES 1,776,072 S.F.
CURRENT ZONING: COUNTY
(AGRICULTURAL SUBURBAN)
PROPOSED ZONING: R3 & R4
GRAN CIELO II ANNEXATION LEGAL DESCRIPTION:
A TRACT OF LAND BEING TRACT 1 OF CERTIFICATE OF SURVEY NO. 2074 AND TRACT A OF CERTIFICATE OF SURVEY NO. 1861, ALL LOCATED IN THE NORTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE ONE-QUARTER CORNER COMMON TO SECTION 22 & 23 OF SAID TOWNSHIP AND RANGE, WHICH IS A 1.5" ALUMINUM CAP;
THENCE N 89°48'37" E A DISTANCE OF 1335.12' TO A 2" ALUMINUM CAP "4955S" AT THE CW 1/16 CORNER OF SAID SECTION 23;
THENCE N 89°46'57" E A DISTANCE OF 1335.02' TO A CALCULATED POINT AT THE CENTER OF SAID SECTION 23;
THENCE S 00°10'17" W A DISTANCE OF 1332.94' TO A CALCULATED POINT AT THE CS 1/16 CORNER OF SAID SECTION 23;
THENCE S 89°52'06" W A DISTANCE OF 1332.12' TO A 2" ALUMINUM CAP "4955S" AT THE SW 1/16 CORNER OF SAID SECTION 23;
THENCE S 89°49'11" W A DISTANCE OF 1331.64' TO A 2" O.D. IRON PIPE AT THE S 1/16 CORNER COMMON TO SAID SECTIONS 22 & 23;
THENCE N 00°06'11" W A DISTANCE OF 1330.70' TO THE POINT OF BEGINNING,
CONTAINING 81.512 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS OF RECORD OR APPARENT FROM VISUAL INSPECTION OF THE PROPERTY.
322
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Cancellation of Public Hearing for Annexation and Zone Map Amendment
Requesting Annexation and the Establishment of an Initial Zoning
Designation of R-4 and R-5 on 81.468 Acres, the Baxter 80 Annexation,
Application 23208
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:No action required.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant and property owners seek to annex two parcels totaling
81.468 acres plus adjacent rights-of-way into the City limits and establish an
initial zoning of R-5, Residential High Density Mixed District, and R-4,
Residential High-Density District. The property is currently zoned
“Agriculture Suburban” (AS) within the County administered Gallatin County
Bozeman Area Zoning District (the Donut).
Staff’s examination for the submitted public notice information revealed an
error in the adjacent property owners pursuant to State Law. As a result, the
applicant must revise the adjoining property owner list and resubmit the list
to the City to re-notice the application before the Commission can
reconsider the application. The application will be rescheduled when the
City receives the revised information.
UNRESOLVED ISSUES:There are no identified conflicts on this application.
ALTERNATIVES:There are no alternatives at this time.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment.
323
Report compiled on: February 14, 2024
324
Memorandum
REPORT TO:City Commission
FROM:Brian Krueger, Development Review Manager
Anna Bentley, Director of Community Development
SUBJECT:Appeal 23214 of the Community Development Director's Conditional
Approval of the Sundance Springs Subdivision, Phase 1B, Commercial Lot 2
Site Plan application 22047
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Uphold the Director's decision.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:Site Plan development application 22047 proposes to develop one
commercial lot within the commercial node in the Sundance Springs PUD,
located near the intersection of Goldenstein Lane and South 3rd Avenue.
The application was conditionally approved by the Community Development
Director on June 28, 2023.
Appellants are neighbors of the proposed development. They challenge the
City's approval based on several grounds, including the following allegations:
the PUD's approved Final Plan is missing and without it the City cannot
approve the site plan application; the site plan violates several requirements
found in the PUD covenants, historic Bozeman Municipal Code, and in the
surviving record and the City ignored or failed to enforce those
requirements; and the City's calculation of parking spaces and approval of
departures for Block Frontage Standards was in error.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Uphold the Director’s conditional approval decision for Application
22047 as written in her June 28, 2023 letter.
2. Amend the conditional approval after making findings as to which of
the criteria are met or not met, modify the conditions of approval, and
approve the amended Conditional Approval of the Sundance Springs
Subdivision Phase 1B, Commercial Lot 2 Site Plan Application 22047.
3. Overturn the Director’s decision. Find that the Director’s decision was
in error, make alternative findings, and deny Application 22047.
325
FISCAL EFFECTS:None.
Attachments:
23214 Sundance Springs Appeal staff report.pdf
Report compiled on: February 15, 2024
326
Commission Memo
Sundance Springs Appeal
Appeal number 23214
Report To: Mayor and City Commission
From: Anna Bentley, Community Development Director
Subject: Appeal #23214 Filed by Tim & Nancy Swanson and Geoffrey
Poole Regarding Conditional of Approval of the Sundance Springs
Subdivision, Phase 1B, Commercial Lot 2 Site Plan, Application
#22047
Meeting Date: February 27, 2024
Agenda Type: Action
Project Location: Corner of South 3rd Avenue and Little Horse Drive
CITY COMMISSION ACTION:
At the conclusion of consideration of the appeal, the City Commission may uphold,
amend, or overturn the administrative project approval decision for the Sundance
Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan Application 22047. The
decision may be overturned or amended upon the finding that the final
administrative decision was erroneous.
Report Date: February 15, 2024
EXECUTIVE SUMMARY:
This appeal, filed by Tim & Nancy Swanson and Geoffrey Poole, seeks to overturn
the Director of Community Development’s (Director) administrative decision approving
site plan application 22047 (decision) for three reasons: (i) “the City has lost the PUD’s
Approved Final Plan; without the Approved Final Plan, the City’s approval of Site Plan
#22047 violates the Bozeman Municipal Code (BMC);” (ii) “[t]he City ignored (and Site Plan
#22047 violates) many PUD requirements that are known from the surviving record;” and
(iii) “the City’s approval of departures requested by the applicant violated the BMC.”
The project at issue proposes to develop one commercial lot within the Sundance
Springs Planned Unit Development (PUD). Sundance Springs PUD is a neighborhood in the
southwest area of the city near the intersection of Goldenstein Lane and South 3rd Avenue.
In 1996, the Sundance Springs PUD received preliminary approval and in 1998 it received
final approval. The development proposed both residential components and a commercial
327
Page 2 of 24
node, to be developed in phases. The commercial node consists of two lots. The residential
portions of the PUD began construction immediately, but the only proposal to develop the
commercial node came over a decade later with the site plan application that is the subject
of this appeal.
A brief review of the PUD approval process and past applications in the Sundance Springs
subdivision may be helpful. In the 1990’s, Sundance Springs submitted several applications
simultaneously to plat the property, establish zoning through a phased PUD, and get
approval to develop the first phase of the subdivision. To establish a PUD, Sundance
Springs went through three procedural steps: concept plan review; preliminary plan
approval, which analyzes the “type, size, and location of the principal design elements of
the PUD;” and final plan approval, which merely checks for “compliance with the approved
preliminary plan and/or development guidelines.” 18.54.050 and 18.54.050.C.2, BMC
(1/23/1992)1. A Master Plan of the overall PUD provides information regarding “building
location, open spaces, vehicular and pedestrian circulation, and boundaries of the
individual phases of the PUD.” 18.54.080.D.1, BMC (1/23/1992). The information need
only be a “conceptual (sketch) drawing showing the proposed location of the uses of land,
major streets and other significant feature on the site and within one-half mile of the site.”
18.54.060.A.2, BMC (1/23/1992). Development guidelines are required for future phases
of the development that are not fully detailed in the PUD application pursuant to
18.54.050.B.1, BMC (1/23/1992). A site plan application containing specific and detailed
information is required to develop any phase of the development in the future after Final
PUD approval2. Application 22047, the subject of this appeal, is one such site plan.
The site plan application proposes two commercial buildings with second-floor
offices and ground-level grocery/retail/restaurant space, along with patio space, landscape
features, and trail connectivity, on a currently undeveloped lot. 406 Coal Blowers, LLC is
the property owner (the Developer) and submitted the site plan application (#22047) that
is the subject of this appeal.
1 The Final PUD was approved in 1998. However, the City cites to the 1992 Bozeman Municipal Code because
Community Development records indicate that the City’s subdivision and zoning regulations went through a
major overhaul in 1992. The City has a complete copy of the 1992 code, but does not have a copy of the code
as it existed in 1998. However, the City has detailed records tracking each amendment to the code after the
1992 code adoption and no amendments to Chapter 18.54 Planned Unit Development are reflected in those
records. Therefore, the City is confident that the 1992 code cited to and attached to this report is the code
that governed PUDs in 1998 when the Sundance Springs PUD received final approval.
2 The PUD regulations in effect in 2022 when the City received application 22047 contained essentially the
same process as the 1992 codes. Since that time, the City Commission has repealed those PUD regulations
and adopted regulations for Planned Development Zones through Ordinance 2104, now codified at Division
38.430, BMC.
328
Page 3 of 24
This application for appeal was submitted by attorney Robert Farris-Olsen of the
Helena law firm Morrison, Sherwood, Wilson, Deola PLLP on behalf of his clients, Tim and
Nancy Swanson and Geoffrey Poole, who each live in Bozeman, Montana within the
Sundance Springs subdivision (Appellants).
Appeals of administrative project decisions are governed by 38.250.030 BMC. For a
discussion of the procedures governing this appeal, see below. The record of review for
this matter consists of: the Appeal Application and supporting documents, which include
Appellants’ cover letter, power point, and document entitled “Detail: Grounds and
allegations for the appeal of approval of Site Plan #22047;” the Director’s Decision Letter
Conditionally Approving the Sundance Springs Subdivision, Phase 1B, Commercial Lot 2
Site Plan and incorporated Staff Report for Application 22047; all application materials
submitted by the Developer; and all public comment from 2022 and 2023 and
correspondence regarding application 22047.
Only “aggrieved persons” may appeal an administrative decision in accordance with
section 38.250.030.A BMC. Appellants contend that they are aggrieved persons as defined
in section 38.700.020 BMC3 because they reside in the Sundance Springs Subdivision,
within sight and earshot of the proposed development. Mr. Poole lives within two hundred
feet of the subject property and his deck overlooks the site.
Appeals are limited to specific issues raised during the public comment period.
38.250.030.B, BMC. The City of Bozeman (City) received 191 public comments on
application 22047 in total. Appellants and their attorneys submitted 8 public comments,
which appear to discuss the issues raised on appeal.
At the conclusion of consideration of the appeal, the City Commission may uphold,
amend, or overturn the administrative project decision for Application 22047. The
decision may be overturned or amended upon the finding that such final administrative
decision was erroneous.
3 Aggrieved person. A person, as defined in this division 38.700, who has a specific, personal and legal interest
in the final decision of an agency, board or commission, as distinguished from a general interest such as is the
concern of all members of the community, and which interest would be specifically and personally prejudiced
by the decision or benefited by its reversal.
329
Page 4 of 24
Consider the Recommended Motion:
Having reviewed and considered Appeal number 23214 seeking to overturn the decision of the
Director of Community Development conditionally approving the Sundance Springs Sundance
Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan Application number 22047, the
record of review, the presentation of staff and the Appellant, public comment, and all
information presented, I move to uphold the decision of the Director of Community
Development reflected in her June 28, 2023 conditional approval letter.
330
Page 5 of 24
Table of Contents
EXECUTIVE SUMMARY: ........................................................................................................................................ 1
TABLE OF CONTENTS: .......................................................................................................................................... 5
BACKGROUND:……………………………………………………………………………………………………….….6
Site Plan Application 22047……………………………………….…………………………………………6
Timeline of the Sundance Springs Site Plan Application and Appeal…………...…………..6
38.250.030.A “Aggrieved Person”….………………………………………………………………………7
38.250.030.B – Issue Preclusion……………………………………………………………………………7
BASIS OF THE APPEAL:………………………………………………………………………………………………7
Staff Evaluation and Director’s Conditional Approval of the Application……………………………8
A. Procedural Issues…………………………………………………………………………………………………8
1. Missing Final PUD Binder and Reviewed Documents.…………………………….8
2. The Surviving Record and Covenants.…………………………………………………11
3. Application of Current Code Standards.………………………………………………16
B. Substantive Issues……………………………………………………………………………………………..18
1. Parking………………………………………………………………………………………………………..18
2. Departures from Block Frontage Standards……………………………………….………….19
APPEAL OF THE ADMINISTRATIVE DECISION………………………………………………………….21
APPEAL PUBLIC NOTICE:………………………………………………………………………………………….22
APPEAL PUBLIC COMMENT:…………………………………………………………………………………….22
EVALUATION OF THE APPEAL:………………………………………………………………………………...22
Authority of the City Commission under the Bozeman Municipal Code…………………22
City Commission May Act as a Board of Adjustment…………………………………………….22
APPEAL PROCEDURE:………………………………………………………………………………………………23
UNRESOLVED ISSUES:………………………………………………………………………………………………23
ALTERNATIVES:……………………………………………………………………………………………………….23
FISCAL EFFECT:……………………………………………………………………………………………………..…23
ATTACHMENTS:………………………………………………………………………………………………………24
331
Page 6 of 24
BACKGROUND:
Site Plan, Application 22047
The site plan for the Sundance Springs Subdivision Phase 1B, Commercial Lot 2, was
submitted originally on February 4, 2022, and conditionally approved by the Director of
Community Development on June 28, 2023. No building permits have been issued for this
approved site plan.
The Development Review Committee considered the application and found that the
application was adequate, conforms to standards, and is sufficient for approval with
conditions and code provisions.
Timeline of the Sundance Springs Subdivision Phase 1B, Commercial Lot 2 Site Plan
Approval and Appeal
22047 Application Submitted February 4, 2022
Development Review Committee adequacy determination August 17, 2022
Notice and public comment period open Sept. 30, 2022 to
Oct. 30, 2022
Notice and public comment 1st deadline extension Nov. 13, 2022
Notice and public comment 2nd deadline extension Dec. 13, 2022
Letter re: legal analysis received from applicant’s attorney Dec. 13, 2022
Request to pause application review submitted by applicant Dec. 22, 2022
Letter re: public comment submitted by applicant’s attorney Dec. 29, 2022
Request to resume application review submitted by applicant January 2, 2023
Additional information requested by city January 6, 2023
Additional information provided by applicant March 3, 2023
Letter re: guidance on City’s review from City Attorney to applicant May 19, 2023
Notice and public comment open, limited to new information May 29, 2023 to
June 13, 2023
Final staff report prepared for Director June 28, 2023
Director decision conditionally approving application 22047 June 28, 2023
Appeal 23214 submitted by Appellants July 11, 2023
Notice of appeal hearing and public comment period August 11, 2023 to
Sept. 26, 2023
Request by Appellants to stay the appeal pending mediation Sept. 20, 2023
Rescheduled notice of appeal hearing and public comment period Feb. 2, 2024 to
Feb. 27, 2024
Commission Hearing Feb. 27, 2024
332
Page 7 of 24
38.250.030.A Aggrieved Person:
Based on the proximity of Appellants’ homes to the proposed development, the City
Attorney advises Appellants likely meet the definition of “aggrieved persons” pursuant to
Bozeman Municipal Code section 38.700.020 with standing to bring this appeal. The City
reserves the right to dispute any claimed impact of this decision, monetary or otherwise, on
Appellants.
38.250.030.B - Issue Preclusion
Pursuant to the Bozeman Municipal Code, “failure to raise an issue during the
provided public comment opportunity, in person or in writing, or the failure to provide
statements or evidence sufficient to afford the administrative review authority an
opportunity to respond to an issue, precludes an appeal based on that issue, unless the
issue could not have been reasonably known by any party during the time of the public
comment opportunity.” 38.250.030.B, BMC. All issues raised in this appeal were discussed
in public comment submitted regarding application 22047.
BASIS OF THE APPEAL:
The appeal raises several arguments, organized in different ways in the Appellants’
cover letter, power point titled “Narrative: Grounds and Allegations for Appealing Approval
of #22047,” and document titled “Detail: Grounds and allegations for the appeal of approval
of Site Plan #22047.” The arguments can generally be grouped as procedural issues and
substantive issues.
Appellants’ procedural issues focus on the City’s process of reviewing the
development application and the information the City considered in its review. Among the
procedural issues raised by Appellants are:
1. Missing Final PUD File and Reviewed Documents: Appellants allege because
the PUD’s Approved Final Plan is missing, the City cannot evaluate the
development application against it. Therefore, the City cannot approve the
development application;
2. The Surviving Record, and Covenants: Appellants allege the City’s review of
the development application was insufficient because it did not review the PUD’s
Master Plan and the Development Guidelines or other surviving elements of the
PUD’s Approved Final Plan. Additionally, Appellants contend that the City is
responsible for enforcing all of the private covenants this commercial parcel is
subject to, but it failed to do so; and
333
Page 8 of 24
3. Application of current code standards: Appellants allege the City should have
applied 1998-era codes in place at the time the PUD received final approval,
rather than evaluating the development application against the current BMC
standards.
Appellants also allege the City improperly approved the development application
because certain elements of the application are contrary to code standards. These
substantive issues raised by Appellants include:
1. Parking: Appellants allege the proposed development fails to meet 1992-era
parking standards, which are memorialized in the Covenants4; and
2. Departures from Block Frontage Standards: Appellants allege the
development should not have been approved because it proposes buildings that
do not meet block frontage standards in code and the request fails to meet
criteria to obtain a departure from the standards.
Because many of Appellants’ issues listed above are organized differently
throughout the appeal documents and many are interrelated, Staff’s response below is
organized as outlined and summarized above. Each of Appellants’ procedural issues will be
addressed first and substantive issues will be addressed second.
Staff Evaluation and Director’s Conditional Approval of the Application
City staff reviewed the site plan application that is the subject of this appeal for
compliance with all applicable criteria. Staff’s analysis and findings related to each
criterion are contained in the June 28, 2023, staff report, which the Director adopted in her
conditional approval decision. It is part of the record of review and included in the packet
materials for this appeal. Specific to the issues on appeal, staff provides the following
information to explain the analysis and conclusions supporting approval of the application
and to address Appellants’ allegations:
A. Procedural Issues
1. Missing Final PUD File and Reviewed Documents
Appellants contend that approved final PUD file is required to evaluate the instant
site plan application. However, the code provision Appellants rely on for that proposition
is inapplicable because it governs amendments to Final PUD plans5. See section
4 “Covenants” refers to the recorded DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
SUNDANCE SPRINGS Section II Neighborhood Services Property, dated March 4, 1998.
5 There is no difference between the 1992 code and current code in this respect; both contain the exact same
language applicable to amendments to a final plan.
334
Page 9 of 24
38.430.040.A.3.d, BMC (1/3/2022). The application at issue here does not propose to
amend the approved PUD. Because the Sundance Springs PUD is a phased PUD, section
38.430.070 of the 2022 code is relevant to this application. It sets forth the review and
approval procedures for phased PUDs and notably relies upon compliance with the
approved preliminary plan by following the same review procedures as for approval of a
Final PUD.6 Therefore, the City followed the appropriate review procedure in code when it
prioritized the terms and conditions found in the Preliminary PUD Findings of Fact and
Order in analyzing the development Application.
The City has been unable to locate the Final PUD file. Although each PUD is unique,
a Final PUD file would generally include a stamped and signed document from the Director
of Community Development indicating approval of the Final PUD application and providing
documents that memorialize the approval. As noted above, the process for approval of a
PUD principally requires a Final PUD application to demonstrate all conditions of the
Preliminary PUD approval have been satisfied.
The City does have many files related to the Sundance Springs PUD, subdivision
plats, master site plan, and site plan applications, including:
Z-95125 Sundance Springs Planned Unit Development – September 1, 1995
P- 9539 Sundance Springs MaSub Preliminary Plat – September 1, 1995
Z-9753 Sundance Springs 1A & 1B MaSub – November 1997 – July 1998
Z-9812 Sundance Springs Final Plat PUD – January 30, 1998 (working file)
P-0042 Sundance Springs SE MaSub Final Plat – November 27, 2000
The files listed above contain sufficient information about the Final PUD and contain
all critical elements of the approved preliminary PUD to enable the City to evaluate a site
plan application pursuant to 38.430.070.B, BMC (1/3/2022). Additionally, certain
documents associated with the final subdivision plat and PUD files, like the residential and
commercial covenants, were recorded with the Gallatin County Clerk and Recorder. The
City reviewed the files listed above as well as documents available through the Clerk and
Recorder in its efforts to find the Final PUD file and, later, to compile relevant documents
6 The Sundance Springs PUD was originally approved as a phased PUD seeking approval for the initial phase
of the PUD with subsequent phases master planned and subject to development guidelines, pursuant to
18.54.080.A.2, BMC (1/23/1992). See also page 8 of the Preliminary PUD Findings of Fact and Order. This
type of application for a phased PUD exists in current code as well at 38.430.070.A.2, BMC (1/3/2022). The
code provides that “. . . each phase of the PUD may be developed in accordance with the review and approval
procedures set forth in this division 38.430 for final plan reviews.” 38.430.070.B, BMC (1/3/2022). Review
and approval procedures for final plans are set forth in sections 38.430.040.A.3.b and c, BMC (1/3/2022).
Those provisions rely exclusively on evaluating the application against the approved preliminary PUD plan
and any conditions of approval imposed by the Commission on the preliminary plan.
335
Page 10 of 24
that would have been included in the Final PUD file for the review of the site plan
application that is the basis for this appeal.
Within the surviving files, the City reviewed perhaps the two most important
documents reflecting the approval of and conditions associated with the Final PUD: 1) the
Findings of Fact established at the time of the original approval of the Sundance Springs
PUD, dated January 22, 1996, and associated with files Z-95125 and P-9539; and 2) a
document titled Sundance Springs P.U.D. Findings of Fact and Order, found within final plat
file P-0042 (the file is dated November 27, 2000), which provides a detailed response
regarding how the Developer complied with each condition of approval from the
preliminary plat and PUD Findings of Fact.
Findings of Fact provide conclusive evidence of the Commission’s conditional
approval of the Sundance Springs PUD. First, the preliminary PUD Findings of Fact
memorializes the approval of the preliminary PUD application and conditions applied to it.
Second, the Findings of Fact included in the final plat file (#P-0042) provide detailed
documentation of compliance with each condition of approval of the Preliminary PUD.
There is no better reflection of the Commission’s intent in approving the PUD than these
two available Findings of Fact. Therefore, after reviewing all available documents from its
files as well as recorded documents, the City relied heavily on the two Findings of Fact
documents that form the basis of final PUD approval and demonstrate compliance with the
approved preliminary plan and conditions of approval.
Additionally, the City not only reviewed the Covenants, it also incorporated relevant
and City-enforceable Covenants into approval of application 22047. The City specifically
required, as conditions of approval for this application, that all requirements of Exhibit B in
the Covenants remain in full force and effect, including prohibitions against on-street
parking, exterior lighting restrictions, and limited business hours of 7 a.m. to 9 p.m.
Further, the City bolstered the on-street parking prohibition by requiring “No parking”
signs on all roads surrounding the development. In addition to respecting the City-
required covenants, these conditions of approval responded to concerns raised in public
comment.
Faced with the options of denying application 22047 because the City cannot locate
the Final PUD file or rendering a decision on the Application based on key documents that
comprise the Final PUD file, the City chose the latter approach and conditionally approved
the Application. Additionally, the City recognizes that if Appellants’ argument prevails, no
other development application within the Sundance Springs PUD can be evaluated or
approved until the Final PUD file is located, resulting in a moratorium on any development
in the area covered by the PUD. Such a prohibition on development does not serve the
336
Page 11 of 24
expressed purposes of the PUD, which includes a commercial node along with residential
development, or the City’s growth policy.
2. The Surviving Record and Covenants
Appellants argue the City’s review of the development application was insufficient
because it did not review the PUD’s Master Plan and the Development Guidelines or other
surviving elements of the PUD’s Approved Final Plan and the City is responsible for
enforcing all of the Covenants, which the City did not do.
Appellants correctly identify the Master Plan and Development Guidelines as critical
components of the type of PUD for which Sundance Springs was approved. Both
documents exist within the surviving files associated with the Sundance Springs PUD and
were reviewed by the City in approving the development application at issue in this appeal.
An official, stamped copy of the Master Plan exists in the City’s working file for the Final
PUD (file Z-9812) and the development guidelines are incorporated into the property
owners’ association Covenants. However, Appellants build their argument on two
incorrect foundational assertions: a) Appellants incorrectly assert that the Master Plan
provides a level of detail that restricts development to any specific design or use; and b)
Appellants incorrectly conflate the entirety of the Covenants with the design guidelines,
and assert that the City is responsible for enforcing all Covenants.
a. The Master Plan is a sketch drawing that generally depicts
commercial buildings in commercial areas but was never intended to
provide a level of detail sufficient to entitle or restrict development to
a specific design or use.
Appellants correctly note the final Master Plan survives within the City’s working
file for the final PUD. However, Appellants assign a level of importance to the Master Plan
beyond which it was intended and inappropriately rely on it as a set-in-stone depiction of
the commercial development. Under the municipal code in place at the time the original
Sundance Springs PUD was approved, a phased planned unit development had to provide
“… proposed conditions pertaining to such elements as building location, open spaces,
vehicular and pedestrian circulation, and boundaries of the individual phases of the PUD in
as much detail as is required by the findings of the Concept Plan review as outlined in this
Chapter.” 18.54.080.D.1, BMC (1/23/1992). The concept plan review code in place at the
time the PUD was approved required a “conceptual (sketch) drawing showing the proposed
location of the uses of land, major streets and other significant feature on the site and within
one-half mile of the site.” 18.54.060.A.2, BMC (1/23/1992) (emphasis added). The Master
Plan drawing conformed with the code requirement and as such was only required to
provide the various uses of land in proposed locations. The Master Plan was not meant to
337
Page 12 of 24
provide the level of detail sufficient to construct any building, nor does it convey which
specific land uses, such as a brewery, will be ultimately exist on the site.
Currently and at the time the Sundance Springs PUD was approved, a site plan
application is required under the BMC to develop any subsequent phase of a Master Plan
PUD. The site plan provides detail about the precise aspects proposed for development,
including infrastructure, site design, and the size and number of buildings in each
subsequent phase.7 In fact, the Sundance Springs preliminary PUD and plat (file # Z-
95125) recognizes the high-level conceptual nature of the original proposals and that
future development would provide specific site design where it states:
NOTE: Because this application is a PUD subdivision that creates only lots, no
specific structures are proposed at this time. Future construction on individual lots
will be controlled by the Bozeman area zoning and building codes and the covenants
and developmental guidelines for the project, as required in Chapter 18.54.080, A.,
2. of the Bozeman Zoning Ordinance.
File #Z-95125 application, tab 6 PUD Application Criteria, page 1.8
Clearly, the construction of any specific buildings and the precise land use of it
within the available menu of appropriate land uses were matters for future site plan
development applications. The usefulness of the Master Plan sketch is its clear depiction of
the intention to include a commercial node within the Sundance Springs PUD.
Appellants incorrectly suggest that the commercial node could or should be
converted to more residential development. At the time of the approval of the PUD, the
Commission imposed only one condition of approval regarding the commercial node: to
conduct a market study to determine whether the commercial node would be viable. The
market study was conducted and submitted and approved with the final PUD application.
See P-0042 Sundance Springs P.U.D. Findings of Fact, p. 13 (indicating the market study
was addressed during Phase 1). An application to modify the final PUD would be required
to change the designated commercial node to additional residential units. No such
modification application has been filed.
7 See BMC section 38.430.070.A.2 and 38.430.070.B of the January 1, 2022, code and BMC chapter
18.54.080.A.2 and 18.54.080.B of the January 23, 1992, code.
8 This excerpt recognizes that future development will be controlled by zoning and building codes, as well as
the covenants and development guidelines for the project. As discussed in the next subsection of this report,
the covenants will guide the build-out of the PUD, but enforcement of those covenants is primarily the
responsibility of the property owners association.
338
Page 13 of 24
Additionally, Appellants contend that marketing materials, real estate listings, and
the market study from the 1990s present a set-in-stone portrayal of what the PUD’s
ultimate development must look like. However, the proposed buildings described in the
market study, marketing materials, and real estate listings serve only as examples of what
could have been proposed and approved in subsequent development applications. A
private representation of intent or possibilities for development found in marketing
materials or a real estate listing is not binding on the City in the review process. At the
time of the original PUD approval, the owners indicated they had Lot 2 of the commercial
development under contract with a person who intended to design and construct a
convenience store. The parcel was planned to develop during the first phase of
construction along with the first 67 single family residences. Circumstances apparently
changed and a site plan application for a convenience store was never submitted. The mere
fact that a convenience store, or a brewery, were mentioned as potential tenants of
commercial buildings does not commit a developer to only those uses, nor could a
reference to these uses in marketing materials constitute City approval of these possible
uses. Similarly, the market study required as a condition of approval for the PUD was
intended merely to demonstrate that commercial uses could be supported in their
proposed location, with sufficient business generated from both the nearby residences as
well as from customers outside of the PUD.
The City considered all relevant materials from the various historic files, including
the Master Plan, in approving application 22047. Although the Master Plan is not cited in
the Director’s decision, pursuant to requirements in code regarding the level of detail
required for master plans, the City determined it provides only a conceptual level of detail
regarding future development. The Master Plan was therefore of very limited use in
evaluating the detailed site plan application 22047. The approved application is consistent
with the Master Plan in that it proposes commercial development in the area reserved by
the PUD for its commercial node.
b. The design guidelines are not the entirety of the Covenants nor is the
City responsible for enforcing the Covenants, according to the
Covenants.
Appellants argue that many of the design elements proposed in application 22047
run afoul of the recorded Covenants for the Sundance Springs commercial node,
particularly design guidelines encompassed within the Covenants. Appellants assert the
City must enforce all requirements in the Covenants, not just those Covenants the City
required as part of its approval of the PUD found in Exhibit B.
339
Page 14 of 24
Covenants, Conditions, and Restrictions are private contracts commonly entered
between landowners and a property owners’ association (POA) that memorialize an
agreement among all landowner members of a POA to voluntarily limit the way property
within the POA can be used or developed. The City frequently requires new subdivisions to
include in POA Covenants information and requirements about the future maintenance of
required public infrastructure, like stormwater systems, or other code-required amenities,
like open space. When covenants are required by the City, the City usually also requires
that any amendments to those covenants must be approved by the City Commission so that
enduring responsibilities for public infrastructure cannot be easily abandoned or changed.
The City has no duty to enforce private covenants that impose higher standards than
the BMC provisions, according to the BMC and as noted in the City’s May 19, 2023 letter to
the Developer. Further, even as to those covenants required by the City, the code allows
the City to determine whether to enforce them; the code does not require enforcement.
The BMC states:
Sec. 38.100.100 Private restrictions.
This chapter is not intended to affect any existing private agreement or condition
such as a deed restriction or covenant. If any provision of this chapter is more
restrictive or imposes a higher standard than any such private restriction, the
requirements of this chapter control. Where the provisions of any private restriction
are more restrictive or impose higher standards than the provisions of this chapter, the
city has no duty to enforce such private restrictions or advise of their existence. The
city may enforce a private restriction if the city is a party to such covenant or
restriction, if such restriction was required by the city, or if it was relied upon by the
city during the land development process in order to meet the requirements of this
chapter or another required standard. … (emphasis added)
The City does not contend that the entirety of the Covenants are unenforceable.
Rather, the City recognizes that the primary enforcer of Covenants is the property owners’
association (Association) established by the Covenants. The City enforces only those
portions of the Covenants, clearly enumerated in Exhibit B of the Covenants, that the City
was concerned about during approval of the PUD, as evidenced by conditions of approval
memorialized in the Findings of Fact. In fact, the City did enforce the Exhibit B covenants
by including conditions of approval 1 and 3 in the conditional approval of application
22047.9
9 See p. 3 of the Director’s June 28, 2023 Conditional Approval.
340
Page 15 of 24
The Covenants themselves are replete with language that names the Association as
the enforcement authority of the Covenants10. In fact, the entirety of Article XIV
Enforcement within the Covenants does not mention the City at all. Instead, it prescribes
enforcement authority to the original developer, Sundance Springs LLC, or the Association.
See Covenants, Article XIV, p. 35. Additionally, the introduction to the Covenants provides:
It is the Board of Directors duty to implement, administer, and enforce all the
Covenants including the maintenance and management of the Common Open Space,
Trails, Roads, and to carry on the day-to-day activities of the Owners Association.
See Covenants, p. 3 (emphasis added).
Additionally, section 4.2 of the Covenants provides:
4.2 Purpose of the Association. The Association has been formed as a non-profit
corporation in accordance with Chapter 2 of Title 35, Montana Code Annotated for
the purpose of enforcing these covenants and operating the Association for the
benefit of all members therein. See Covenants, p.13 (emphasis added).
Merely because the design guidelines were incorporated into the Covenants
document does not render the entirety of the Covenants enforceable by the City. As noted
in the Intent section of Article VII of the Covenants:
The architectural and design Covenants and guidelines which follow are intended to
compliment the Bozeman Zoning Code and any future protective covenants which
govern this project, and to clarify the intention for the design of buildings for this
project. …” See Covenants, p. 17.
In addition to the express enforcement required of the Board of the Association, the
Covenants establish a Building and Landscape Review Committee (Committee or BLRC) to
evaluate development proposals against design guidelines that exceed standards in City
code. “… [T]he Committee shall review and approve or disapprove all plans and
specifications submitted to it for any proposed development.” See Covenants, page 18.
Regardless of who enforces them, the design guidelines were meant to be guidelines
and not meant to strictly prescribe aesthetics or be used to stifle development:
10 Appellants assert that the property owners’ association was dissolved and cannot be reconstituted.
According to the Montana Secretary of State’s website, the Sundance Springs Neighborhood Services Owners’
Association, Inc. was registered on September 13, 2022 and is in “active-good standing” status. Any
responsibility the Developer may have to obtain approval from the Building and Landscape Review
Committee, pursuant to the Covenants, are not within the City’s purview in reviewing the application, nor is it
among the criteria for approving application 22047.
341
Page 16 of 24
… The intent of these guidelines is to allow as much flexibility as possible while at
the same time define a minimum level of quality and consistency of building design
which will be consistent with and maximize the quality of the overall project. The
unique design elements of the Developer, Building Contractor, Architect, and
Owners for both the landscaping and the buildings will be respected, and individual
expression is encouraged, provided they are harmonious with the overall plan of the
Project. See Covenants, section 7.1, page 17.
Therefore, the Covenants themselves provide ample guidance regarding
enforcement authority of the Covenants and the design guidelines. The enforcement
authority rests with the Association and the BLRC. In its review of the Application, the City
appropriately enforced only City-required Covenants found in Exhibit B and ensured the
application complies with city code requirements. The Director’s decision should be
upheld.
3. Application of Current Code Standards
Appellants argue the City should have applied the code standards that were in place
at the time the original PUD application was approved, rather than applying current
development standards. However, the Covenants expressly state that development within
the Sundance Springs PUD will be evaluated based on current code standards. It also
recognizes that the City of Bozeman’s review of a development proposal is separate from
and in addition to the Building and Landscaping Review Committee of the Association.
Section 8.2 of the Covenants provides:
8.2 General Regulations. All lands within Sundance are subject to the zoning
regulations of the City of Bozeman except for any variances thereto granted by the
City of Bozeman as shown on the Sundance Springs plat as filed in the Gallatin
County Courthouse. All such variances to the zoning requirements of the City of
Bozeman shall be specified on the final plat noted above or within the body of this
Declaration.
In addition to these Regulations, building design may be regulated by City,
County, State and Federal regulatory agencies having jurisdiction. The owner or his
or her agent shall be responsible to ensure conformance with any applicable
regulations, and should check with the City of Bozeman, Gallatin County, and the State
of Montana Building Codes Division to verify that the most recently adopted edition of
any applicable regulation is being used. No construction of, or alteration to, any
improvements … shall be commenced on any lot prior to receiving the written
342
Page 17 of 24
approval of the BLRC and the City of Bozeman. See Covenants, p. 20 (emphasis
added).
Further, State law and local regulations unequivocally state that applications like
22047 are reviewed under regulations in effect at the time an application is deemed
adequate. The City cited the following provisions of Montana law and the BMC to support
its conclusion that current code applies to applications in its May 19, 2023, letter:
Mont. Code Ann. § 7-21-1003(2) (emphasis added).11
Except as provided under 76-2-206 or 76-2-306 or otherwise agreed to in writing
by the applicant, the review approval with conditions, or denial of the site-specific
development plan must be based solely upon the ordinances and regulations in effect
at the time that the complete site-specific development plan was submitted to the local
government entity that has jurisdiction over the application. . . .
And Section 38.200.080.B of the BMC states in relevant part:
Review of nonsubdivision applications will be under such regulations as are in effect
at the time an application for approval of a preliminary site plan is deemed adequate
. . .
Therefore, based on the covenants, Montana law, and local regulations, application
22047 was properly evaluated based on the standards found in the 2022 BMC because the
application was deemed adequate on August 17, 2022.
In conclusion, the City’s processes and procedures in evaluating application 22047
were sufficient to determine application 22047 should be conditionally approved. The City
analyzed all relevant information found in the surviving files, which was sufficient to
conclude that application 22047 complied with the Final PUD. The City did not err in
relying principally on the Findings of Fact, rather than the Master Plan that provided
merely sketch-plan level detail, in analyzing application 22047 for compliance with the
Final PUD. The City properly enforced covenants related to parking, which were among the
few City-enforceable covenants imposed as a condition of approval on the PUD. However,
the City has no responsibility to enforce private covenants prescribing detailed design
specifications. The City analyzed the application against the appropriate development
standards in applying the 2023 Bozeman Municipal Code. The Director’s decision should
be upheld.
11 Section 7-21-1003 was repealed in the 2023 legislative session. However, the provision cited was in effect
at the time Sundance Springs application 22047 was deemed adequate for review.
343
Page 18 of 24
B. Substantive Issues
1. Parking
The City disagrees with Appellants’ contention that the development or applied
parking reductions “will create an excess parking demand of more than 100 spaces.12”
Even under 1998-era parking calculations, the same number of total parking spaces, 68,
would have been required. No parking reductions were available under historic code as
they do under current code to incentivize multi-modal transportation. The proposed
development offers 44 on-site parking spaces, so a difference of only 24 spaces exists
between 1998-era code and current code. For the City’s complete analysis of how
application 22047 complies with parking requirements, please see the Director’s Decision
Letter, item 7d. Conformance with Article 5 – Parking (38.540), at page 21 of the
incorporated staff report.
As explained above, the 1998-era code is inapplicable to this Application and the
City is responsible for reviewing and enforcing only certain requirements contained in the
Covenants. As such, the City reviewed the parking aspects of the Site Plan according to the
current parking standards. It is clear, however, that the City Commission desired to
prohibit on-street parking when it approved the PUD. The Commission’s Findings of Fact
required an amendment to the Covenants regarding parking: “Page 26, Section 10.8 Clarify
section regarding on-street parking per the City Commission’s decision on street standards,
to prohibit parking of cars or other vehicles on the streets.” See Findings of Fact and Order
(Z-95125 P-9539), at p. 19. The Findings of Fact are silent, however, on any future
required number of parking spaces or the calculation thereof. Interestingly, the final
recorded covenant regarding parking includes both a prohibition of on-street parking and
requirement “to have at least the minimum number of parking spaces as defined in the
Neighborhood Service District of the Bozeman Zone Code.” See Covenant 9.8. There is no
evidence that the City Commission desired to set requirements regarding the minimum
number of parking spaces. Recall that the Covenants themselves direct developers to check
with the City for current code requirements. Given these facts, the City reasonably declined
to exercise any authority it may have under the Covenants regarding the number of parking
spaces. Rather, conditions of approval 1 and 3 in the Director’s conditional approval letter
reaffirm the City Commission’s original intent: to prohibit on-street parking.
Applying parking requirements from current code in BMC 38.540.050.A.2 and Table
38.540.050-3, staff calculated a baseline total of 68 parking spaces are required for the
proposed development. After applicable parking reductions were applied pursuant to BMC
38.540.050.A.2.c, staff determined that a total of 41 parking spaces and 7 bicycle parking
spaces were required. The allowed parking reductions are incorporated as part of the
12 See Appellants’ Narrative, Issue 7. Parking, slide 44.
344
Page 19 of 24
parking standards and do not require a variance or other special exception process. This
development proposes 44 off-street parking spaces and 20 bicycle parking spaces,
surpassing the required minimum amounts. See Section 7.d of the Director’s Decision
Letter. Therefore, approval of the parking aspects of application 22047 was appropriate.
2. Departures from Block Frontage Standards
Appellants argue the development should not have been approved because it
proposes buildings that do not meet block frontage standards in code and the applicant's
requested departure from those standards fails to meet required criteria.
The municipal code provides flexibility for applicants to present alternative designs
that better fit site constraints by requesting departures, pursuant to BMC section
38.250.060. To approve a departure, an applicant must demonstrate that the departure
“meets the purpose(s) of the standard and other applicable departure criteria that applies
to the specific standard.” 38.250.060.E, BMC. Block frontage standards, as described in
division 38.510 of the Bozeman Municipal Code, serve three purposes. One of those
purposes is at issue in this appeal: “To design sites and orient buildings with an emphasis
on compatible development and creating a comfortable walking environment.”
38.510.010.A.2, BMC.
Because this property has frontage on Little Horse Drive, from which the site is
accessible, as well as fronting on South 3rd Avenue, the code governing multiple frontage
situations is applicable here. See 38.510.020.F, BMC The Developer requested a departure
from the requirements of BMC section 38.510.020.F.1 regarding the orientation of the
buildings. As noted above, to grant this departure, the Developer must demonstrate that
the purposes of the block frontage standard are met and “the location and front orientation
of the buildings are compatible with the character of the area and enhance the character of
the street.” 38.250.020.F.1.d, BMC
Block frontage standards present a hierarchy of ways to locate buildings on a site,
“… the orientation of the front of the building must be sited and placed on the property in
the following order of precedence: a. Streets (all types …) b. Trail/Park c. Special residential
or internal roadway (parking areas/lots, block separation corridors).” 38.510.020.F.1.a.-c,
BMC. The departure request from the requirements of 38.510.020.F.1 was appropriately
approved because the narrow frontage along Little Horse drive presented a physical site
constraint that lends itself to flexibility from code standards. The west building in the
proposed development faces and presents its storefront entrance toward Little Horse
Drive, in compliance with code. The east building faces the adjacent property owners
association trail system, which is an option (second in precedence) under the code. To
further the purposes of ensuring a comfortable walking environment, the development
345
Page 20 of 24
proposes to construct additional trails to connect the buildings to the sidewalks around the
buildings and to the existing trail system. Through condition of approval 2, the City also
ensured the compatibility of this development and enhanced a comfortable walking
environment by requiring the Developer to construct a city standard sidewalk along South
3rd Avenue. The current character of the area is residential and suburban with no other
commercial buildings that front along either Little Horse Drive or South 3rd Avenue. The
character of the area and character of the street are preserved by the construction of a
landscape berm along the entire frontage of South 3rd Avenue to shield the view of the
parking lot from the street, providing a more visually attractive interaction with the site
from the street.
Next, the Developer requested another departure from code standards which
require the placement of parking to the side, rear, below, or above the building and limiting
the surface parking area to no more than 50% of the street frontage. See Table
38.510.030.C, BMC. To approve this departure, the Developer must demonstrate that the
purpose of designing the sites and orienting the buildings emphasized compatible
development and creating a comfortable walking environment, as discussed above, as well
as satisfying specific departure criteria found in BMC 38.510.030.C.3. Relevant to this
request, departure criteria 3.c. provides:
Parking location. There must be an acceptable tradeoff in terms of the amount and
quality of storefront area that is integrated with the development and the applicable
parking location departure. Plus, the alternative must include design features to
successfully mitigate the visual impact of additional parking areas along designated
landscaped streets. 38.510.030.C.3.c, BMC.
The Director found that the relevant criteria for the departure were met because the
irregular shape of the lot “forces the buildings to be placed back from Little Horse Drive,
leaving less lot area to the side and rear for parking. The buildings’ architectural designs
provide quality storefront façade throughout the development. In addition the design
successfully mitigates the visual impact of the parking through clusters of landscaping that
will screen the parking from Little Horse Drive.”13 See Director’s Decision Letter at p. 19.
The Director’s approval cited additional tradeoffs satisfying the departure criteria
requirements, including that the building exceeds the minimum 10’ setback, the building
entrance is visible and accessible from the street, the façade transparency far exceeds the
required minimum under code, and the area between the street and building is landscaped,
13 Appellant notes that the Developer, in its departure narrative, cited “open space for recreation and a
riparian buffer, … creating a better experience for the intended user.” Section 7.a. Director’s June 28, 2023
conditional approval does not rely on the Developer’s departure narrative, and rather articulates the
Director’s own rationale for approval of the departure request under applicable criteria.
346
Page 21 of 24
mitigating the visual impact of the development. See Director’s Decision Letter at pp. 18-
19. In addition to the rationale provided above, these elements of the design also
demonstrate the site design is compatible with surrounding development and provide a
comfortable walking environment.14
Therefore, the Director correctly determined the requested departures from block
frontage standards met the necessary criteria and appropriately approved them.
Conclusion
The Director’s approval of 22047 was appropriate and should be upheld. The City
relied on official documents from several files associated with the Sundance Springs PUD
showing the intent of the Commission in approving the original PUD to evaluate the current
application. The City reviewed Covenants relevant to the City’s approval and diligently
enforced all City-enforceable provisions through its approval. The City appropriately
applied current code to the Application, including applying available parking reductions
and granting the requested departures relating to block frontage standards.
The City also carefully considered public comment and incorporated conditions of
approval to address the most common critiques of the development application, including
prohibiting on-street parking and restricting hours of operation for the commercial tenant.
APPEAL OF THE ADMINISTRATIVE DECISION:
The deadline for submission of an appeal application was July 13, 2023.
On July 11, 2023, the Community Development Division received an appeal from an
attorney on behalf of Appellants, pursuant to section 38.250.030 BMC, “Administrative
project decision appeals.” Staff reviewed the appeal application materials and found that
the application met all submittal requirements for processing the appeal. The Appellant
was notified by letter on July 14, 2023, that the appeal materials submitted were complete
and that a hearing on the appeal before the City Commission on August 22, 2023, was
scheduled. At the request of Appellants and consent of the Developer, the City Commission
hearing on the appeal was rescheduled to September 26, 2023. The Appellants requested
to stay the September 26, 2023, hearing in order to mediate the matter. The mediation
attempt failed and Appellants subsequently requested to reschedule the hearing, which
was set for February 27, 2024.
14 See pp. 18-19 of the Director’s June 28, 2023 Decision for a complete analysis of block frontage standards
and the requested departures.
347
Page 22 of 24
APPEAL PUBLIC NOTICE:
Notice of the appeal hearing was completed in conformance with division 38.220
BMC, “Applications and Noticing.” Notice was posted on the site and mailed to property
owners within 200 feet. The notice on the project site was initially posted on August 11,
2023, through September 26, 2023. Notice was posted on the site and mailed to property
owners again on February 2, 2024. Notice of the hearing was also published in the
Bozeman Daily Chronicle on January 27, 2024, and February 3, 2024. The public comment
period closes on February 27, 2024, at the conclusion of the City Commission’s hearing on
this matter.
APPEAL PUBLIC COMMENT:
The City has received 21 public comments during the public comment periods for
this appeal15 as of the writing of this staff report. Any further public comment received on
this appeal will be forwarded to the City Clerk’s office for Commission consideration.
Public comment relating to this application and appeal are available online.
EVALUATION OF THE APPEAL:
Authority of the City Commission under the Bozeman Municipal Code
The City Commission has the authority to uphold, amend, or overturn the Director’s
decision pursuant to section 38.250.030.J, BMC.
City Commission May Act as a Board of Adjustment
The City of Bozeman does not have a Board of Adjustment as described in Montana
Code Annotated section 76-2-321. Rather, the City Commission has reserved for itself the
powers of a board of adjustments through Resolution 4419 in 2012. The City Commission
may choose to exercise its powers as a Board of Adjustments16, separate from those
expressly provided under the BMC.
15 This number includes public comments received during the first appeal public comment period from
August 11, 2023, to September 26, 2023. Some of the public comments did not address the appeal but
expressed opposition to application 22047. Additionally, it appears that some of the public comments are
duplicates.
16 Section 76-2-323, Montana Code Annotated provides:
76-2-323. Powers of board of adjustment. (1) The board of adjustment shall have the following powers:
(a) to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or
determination made by an administrative official in the enforcement of this part or of any ordinance adopted
pursuant thereto;
(b) to hear and decide special exceptions to the terms of the ordinance upon which such board is
required to pass under such ordinance;
348
Page 23 of 24
APPEAL PROCEDURE:
The City Commission must comply with the procedures for appeal as set forth in
section 38.250.030.I, BMC. During the appeal, the Commission will first hear from the
administrative staff who are required to give an “explanation of the application and nature
of the appeal.” Next, the Appellant will have an opportunity to present its position. If
requested, the landowner may then make a presentation. Then, the Commission will hear
public comment regarding the appeal from any proponent or opponent. At the close of
public comment, the Commission must consider the merits of the appeal, including
considering motions, discussion, and taking a vote. During the process, no person making a
presentation may be subject to cross-examination. However, Commission members and
the City Attorney may ask questions for the purpose of eliciting information or clarifying
information presented.
UNRESOLVED ISSUES:
None identified.
ALTERNATIVES:
The City Commission has the following alternative actions available:
1. Uphold the Director’s conditional approval decision for Application 22047 as
written in her June 28, 2023 letter.
2. Amend the conditional approval after making findings as to which of the criteria
are met or not met, modify the conditions of approval, and approve the amended
Conditional Approval of the Sundance Springs Subdivision Phase 1B, Commercial
Lot 2 Site Plan Application 22047.
3. Overturn the Director’s decision. Find that the Director’s decision was in error,
make alternative findings, and deny Application 22047.
FISCAL EFFECT: None other than standard effects related to processing applications.
(c) to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not
be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions
of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed
and substantial justice done.
(2) In exercising the above-mentioned powers, such board may, in conformity with the provisions of this
part, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination
appealed from and may make such order, requirement, decision, or determination as ought to be made and to
that end shall have all the powers of the officer from whom the appeal is taken.
349
Page 24 of 24
ATTACHMENTS:
23214 Appeal –
• All appeal submission materials; and
• Appeal public comment from 2023 and 2024
Record of Review:
• 22047 Director’s Decision Letter Conditionally Approving the Sundance Springs
Subdivision Phase 1B, Commercial Lot 2 Site Plan and incorporated Staff Report for
Application 22047, June 28, 2023;
• All 22047 application materials submitted by the Developer;
• All public comment from 2022 and 2023; and
• All correspondence regarding application 22047.
Bozeman Municipal Code Excerpts:
• January 3, 2022, version of BMC Division 38.430 Planned Unit Developments
• January 23, 1992, version of BMC Chapter 18.54 Planned Unit Development
Relevant Documents from Sundance Springs Planning Files
• File Z-95125/P-9539 Findings of Fact and Order In the Matter of the Application of
Donald Hannah for Preliminary Subdivision Plat Approval of Sundance Springs
Planned Unit Development Subdivision, Phase I, and for Conditional Approval of a
Zoning Planned Unit Development, January 22, 1996
• File P-0042 Sundance Springs P.U.D. Findings of Fact and Order with notations
regarding completion of each requirement from file P-0042 Sundance Springs S.E.
MaSub Final Plat
• Recorded Declaration of Covenants, Conditions and Restrictions for Sundance
Springs Section II Neighborhood Services Property, March 4, 1998
• Sundance Springs Master Plan, received April 8, 1997, from file Z-9812
Full application and file record: available to view by contacting the Community
Development Division, 20 E. Olive, Bozeman, MT 59715. Please contact Susana Montana at
smontana@bozeman.net or 406-582-2285 to make arrangements to view the file.
350
Memorandum
REPORT TO:City Commission
FROM:Kira Peters, Assistant City Manager
Mike Maas, City Clerk
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5584 Calling for an Election on the Question of Conducting a
Local Government Review and Establishing a Study Commission Pursuant to
Section 7-3-171 through 7-3-193 of the Montana Code Annotated
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:
Motion language: Having reviewed and considered the resolution, public
comment, and staff presentation, I hereby move to approve Resolution 5584
calling for an election on the question of conducting a local government
review and establishing a study commission pursuant to section 7-3-171
through 7-3-193 of the Montana Code Annotated.
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 action item is for the Commission to approve resolution 5584 per Article
XI, Section 9 of the Montana Constitution regarding a local government
review. Resolution 5584 fulfills the City’s duty to place before the voters on
the June 4, 2024, ballot, the question of forming a local government study
commission. The resolution includes the statutorily required ballot language.
To complete the ballot language, the Commission must determine two
items.
1. The Commission must determine the number of study commissioners
who would be elected in November 2024 if the voters approve
formation of the study commission.
2. The Commission must approve the estimated costs of the study
commission. Sections 7-3-171 through 7-3-193 of Montana Code
Annotated control the process of presenting to the voters the
question of forming a study commission, the election of
commissioners to the study commission, and other components of the
351
study commission process.
The resolution includes the following content:
A ballot question that will ask voters in compliance with the statutory
ballot language required by 7-3-175, MCA if they would like to conduct
a local government review and establish an associated study
commission. This question will be included on the June 4, 2024, ballot
in conjunction with the primary election.
The number of members that would serve on the study commission.
The minimum required is three commissioners and it must be an odd
number. The recommendation is to have five study commissioners.
This is consistent with study commission numbers in 2004 and 2014
(past government review years).
The established funding to support the work of the study commission.
For the City of Bozeman, the estimate of the cost of the study
commission, including the costs of the elections, is approximately 1
mill (approximately $233,000). As such, 1 mill is recommended for the
ballot language.
We provide background on the following:
I. The procedures that must be followed to put the question of a local
government review and study commission on the ballot. This information
includes details regarding election of study commissioners.
II. The purposes and authority of a study commission.
III. Information on funding the study commission.
IV. Recent History of Government Review
V. The timeline for Government Review
* A brief history of past Government Reviews in included as a separate PDF
attached.
I. Procedure for the Election on a Local Government Review and Study
Commission
Section 9, Article XI of the Montana Constitution requires each local
government in Montana to conduct an election every ten years “to
determine whether a local government will undertake a review procedure.”
The Montana Legislature has enacted statutory mechanisms to implement
this constitutional requirement. Pursuant to 7-3-173, MCA the City must
pass a resolution that calls for an election at a minimum every ten years on
the question of conducting a local government review and establishing a
study commission.
This resolution must be passed and submitted to the County Elections
Administrator by March 11, 2024, and the question will appear on the ballot
352
at the primary election held on June 4, 2024.
We provide a few additional items for background on procedure.
A local government study commission may be established only by an
affirmative vote of the people. 7-3-173, MCA.
The election must be made in substantially similar form to the ballot
language established by the Legislature. 7-3-175, MCA. Resolution 5584
complies with the statutory form.
Pursuant to 7-3-176, MCA, “If the question of reviewing the local
government and establishing a study commission is approved, an election to
fill the positions on the local government study commission must be held in
conjunction with the first regularly scheduled election of the local
government conducted after 90 days following the election establishing the
study commission.” If the voters decide in favor of conducting a local
government review, a study commission will be elected during the general
election on November 5, 2024.
Candidates for the study commission must be registered electors of the city
and must file declarations of nomination not later than 75 days before the
date of the November 5, 2024, election. Candidate filing will open on the
date that the primary election results are certified and will close on August
12, 2024.
The City Commission has the authority to declare a larger number of
members to be elected beyond the three positions required by Section 7-3-
177, MCA; however, the amount must be an odd number of members. Prior
study commissions consisted of five members; as such, Resolution No. 5584
reflects that number.
II. Purpose, Powers, Scope of Review, and Final Report
The purpose of a study commission is to “study” the existing form and
powers of a local government and procedures for delivery of local
government services and compare them with other forms available under
the laws of the state.” 7-3-172, MCA.
The Study Commission’s powers are enumerated at 7-3-183, MCA and
include the authority to employ and fix the compensation of necessary staff,
contract and cooperate with other agencies, establish advisory boards and
committees, retain consultants, and do any other act consistent with and
reasonably required to perform its functions.
A study commission examining the government of a municipality may
recommend amendments to the existing plan of government, recommend
any plan of government authorized by Title 7, chapter 3, parts 1 through 6,
draft a charter (or recommendations on amendments to the charter),
353
recommend municipal-county consolidation, recommend disincorporation;
or submit no recommendation.7-3-185(2)(a), MCA.
In addition, a study commission may recommend service consolidation or
transfer in cooperation with a county study commission, a county study
commission and one or more municipal study commissions, one or more
municipal study commissions. 7-3-185(2)(b), MCA.
III. Finances and Mill Levy in Support of a Local Government Study
Commission
A study commission must prepare a budget for each fiscal year it is in
existence and submit it to the City Commission for adoption and the
Commission “shall appropriate an amount necessary to fund the study.” 7-3-
184, MCA.
The City Commission must, for the support of the study commission,
appropriate an amount necessary to fund the study. To do so, the City
Commission “may levy mills in excess of all other mill levies authorized by
law to fund the appropriation.” 7-3-184(2)(a), MCA (emphasis
added).
As noted, the current statutory ballot language requires the incorporation of
a funding amount. See 7-3-175, MCA. To that extent, we have included in
the proposed ballot language an estimate of the costs associated with the
study commission (1 mill which is currently valued at $233,000).
Pursuant to 15-10-420(9)(a)(iv), the Commission may levy mills outside of
the statutory cap to fund the study commission without a vote of the
people.
Staff recommends the Commission fund the study commission, if created, by
the Commission levying to cover costs.
IV. Recent History of Government Review in The City of Bozeman:
In 2004, voters approved a study commission. The result was a vote on the
Charter in November 2006. The Charter was adopted by the voters and
became effective in January of 2008. In 2014, voters said “no” to forming a
study commission.
2014 General Information linked here
2004 General Information linked here
V. Timeline for the 2024-2026 Voter Review Process:
March 11, 2024: Deadline for governing bodies to call for local
354
government review.
June 4, 2024: Primary election for citizens to vote on whether they
want to conduct a local government review.
June 18, 2024: Beginning of study commission candidate filing.
August 12, 2024: Last day for local government review commission
candidates to file declaration of nomination by 5pm.
November 5, 2024: Study commission election
Late November 2024: Study commissioners have their first meeting
and are sworn in no later than 10 days after the election to the study
commission is declared or certified.
UNRESOLVED ISSUES:None.
ALTERNATIVES:At the direction of the Commission.
FISCAL EFFECTS:The estimated cost of the Study Commissions work and associated election
costs is $233, 000 or the current value of 1 mill.
This estimate includes costs associated with the following:
2 citywide elections
Cost for noticing public meetings, public hearings and elections.
Publication of a final report
Cost of administratively supporting the Study Commission. These
costs can include consultant fees, the cost to develop community and
or staff surveys, hosting community forums/listening sessions and the
potential of administrative support personnel.
Estimated expenses based off of benchmarking with other Montana
jurisdictions is $233,000 for the City of Bozeman's population size.
Attachments:
Bozeman Government Review History .pdf
Resolution 5584 for 2024 Government Review Process .pdf
Report compiled on: February 20, 2024
355
History of Government Review & Past Study Commissions in the City of Bozeman Montana
For City Commission Meeting on 2/27/2024
1974-1976
The 1974 Montana Legislature authorized procedures to carry out the citizen review of local
government mandated by the recently adopted Montana Constitution. The first City of Bozeman
Local Government Study Commission was established by Resolution No. 1661. The five Study
Commission members were elected November 5, 1974, and their Final 1976 Voter Review
Report was submitted on April 12, 1976.
The 1976 Study Commission recommended an alternative form of government. At that time the
City operated pursuant to a Commission-Manager form of government with general government.
powers. The Study Commission proposed the adoption of a Charter for a Commission-Manager
form of government with self-government powers. At the election held on June 1,1976, by
slightly more than two hundred votes, the existing form of government (Commission –Manager
with general powers) received the most votes and remained in place.
1984-1986
On March 19, 1984, The City Commission approved Resolution No. 2496 calling for an election.
for a local government review which was passed by the voters at the primary election. The
Study Commission members were elected on November 6, 1984, and their Final 1986 Study
Commission Report was submitted on June 2, 1986.
The 1986 Study Commission noted and recommended that the issue of a City Charter with self-
government powers be brought to the immediate attention of Bozeman voters: however, the
Study Commission concluded that no change in the form of government be placed on the ballot.
The 1986 Study Commission did point out areas where changes could be made within the
existing structure internally and specifically addressed each one in their report.
356
1994-1996
On March 21, 1994, The City Commission approved Resolution No. 2964 calling for an election.
for a local government review which was passed by the voters at the primary election. The five
Study Commission members were elected on November 8, 1994, and their Final 1996 Study
Commission Report was submitted on August 13, 1996.
The 1996 Study Commission recommended an alternative form of government and added to the official
ballot language for adoption a self-government charter for the city.
The proposed Charter included:
• Self-Government Powers- giving greater flexibility in shaping the government structure,
increasing responsibility of recognizing and dealing with our own problems and greater
power to solve problems.
• Commission-Manager Structure- making minor adjustments to the existing commission-
manager structure.
• Increase Representation-increasing the Commission to seven members and electing the
Commission by district and directly electing the mayor at-large.
• Taxes and Fees-limiting all city tax and fee increases to the Consumer Price Index and
putting an expiration date on all new taxes and fees not approved by the voters.
At a special election held on November 5, 1996, the existing form of government received the
most votes and remained in place.
2000 Special Election: General Powers to Self-Government Powers
In November of 2000, outside of the study commission structure, the voters were presented with.
a question of transitioning from a Commission-Manager form of government with general
powers to one with self-government powers. See Resolution 3418 and Ordinance 1524. The
voters approved the transition.
2004-2006
On March 8, 2004, the City Commission approved Resolution No. 3662 calling for an election
for a local government review which was passed by the voters by one vote at the primary
election. The Commission also approved Resolution No. 3666 calling for an election on the
question of a mill levy to support the study commission. This vote failed. As such, the 2004 –
357
2006 study commission was funded by annual budgets that came from the General Fund’s
existing resources, without a corresponding increase in tax revenues. There were budgets
approved in Fiscal Year 2005 – Fiscal Year 2007 totaling $36,800. Actual expenditures over
these three budget years totaled $14,700, and do not include the election costs which were
charged to the Commission’s budget or not billed by the County. This Study Commission relied
heavily on the City Clerk’s office for staffing.
The five Study Commission members were elected on November 2, 2004, and their Final 2006
Study Commission Report was submitted on August 21, 2006. The 2006 Study Commission
recommended a Charter form of government with the City Manager plan and self-government.
powers. The Study Commission added that the Charter was prepared in a manner that reflects
the current form of government with some minor modifications that the Study Commission felt
would enhance the operation of government and ensure that the City’s business is conducted in a
professional manner to the public.
The Commission approved Resolution No. 3944 adopting the ballot language. At the general
election on November 7, 2006, the new recommended proposed form of government as a Charter
with the City Manager plan and self-government powers was approved by the voters. The city
Charter then went into effect on January 1, 2008.
2014
In 2014 voters said “no” to a local government review.
358
Version February 2023
RESOLUTION #5584
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, MONTANA,
CALLING FOR AN ELECTION ON THE QUESTION OF CONDUCTING A LOCAL GOVERNMENT
REVIEW AND ESTABLISHING A STUDY COMMISSION, PURSUANT TO SECTION 7-3-171
THROUGH 7-3-193, MONTANA CODE ANNOTATED.
WHEREAS, pursuant to Article XI, Section 9 of the Montana Constitution, the Montana
Legislature has established statutory procedures requiring an election at least every ten years in
each local government to determine whether a study commission shall be established to study
the existing form and structure of a local government; and
WHEREAS, Section 7-3-173, MCA requires an election on the question of conducting a
local government review and establishing a study commission be held every ten years; and
WHEREAS, Section 7-3-173, MCA requires the local governing body to call for an election
on the question, to be held on the primary election date.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
Section 1
That an election on the question of conducting a local government review and
establishing a study commission be held on June 4, 2024, in conjunction with the primary election
to be held on that date and that a certified copy of this Resolution be transmitted by the Bozeman
City Clerk to the Gallatin County Election Administrator upon adoption for placement on the June
4, 2024, primary ballot.
359
Version February 2023
Section 2
That the proposed study commission shall consist of five (5) citizen members, to be
elected by ballot of the general electorate in conjunction with the 2024 general election to be
held on November 5, 2024, and ex-officio, non-voting member, to be appointed by the City
Commission. The ex-officio, non-voting member must be a member of the City Commission or an
elected official or employee of the City of Bozeman.
Section 3
That the question of conducting a local government review and establishing a study commission
shall be submitted to the electors in the following form:
Vote for one:
□ FOR
The review of the government of the City of Bozeman and the
establishment and funding, not to exceed the value of one mil (currently
valued at $233,000) of a local government study commission consisting
of five (5) members to examine the government of the City of Bozeman
and submit recommendations on the government.
□ AGAINST
The review of the government of the City of Bozeman and the
establishment and funding, not to exceed the value of a mil (currently
valued at $233,000) of a local government study commission consisting
of five (5) members to examine the government of the City of Bozeman
and submit recommendations on the government.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the _____ day of ___________________, 2024.
___________________________________
TERRY CUNNINGHAM
Mayor
360
Version February 2023
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
361
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Planned Development Zone Requesting a Sustainability/Resilient Design on
41.97 Acres and Amendment of the City Zoning Map to Change Zoning from
BP, Business Park District, to B-2, Community Business District, Application
23293
MEETING DATE:February 27, 2024
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 23293 and move to recommend
approval of the MSU Innovation Campus Zone Map Amendment, with
contingencies required to complete the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant is seeking a Planned Development Zone (PDZ) zone map
amendment to the parcel known as the MSU Innovation Campus. The
applicant is proposing a PDZ based on the B-2 zone with the relaxations
outlined below. In exchange for these relaxations the applicant agrees that
future development projects on the parcel will meet the conditions of the
Sustainability/Resilient Design PDZ. Specifically, any future buildings and
their associated site improvement will demonstrate a reduction of non-
renewable energy use and water consumption of at least 25 percent.
Per the MSUIC Planned Development Zone (PDZ) project narrative submitted
as part of preliminary PDZ application 23293, the applicant is seeking a zone
map amendment to the parcel known as the MSU Innovation Campus and
proposing a PDZ based on the B-2 zone with relaxations, which are outlined
in the project narrative. In exchange for these relaxations, the applicant
proposes that future development projects on the parcel will meet the
conditions of the Sustainability/Resilient Design PDZ (BMC Sec.
38.430.050.C.).
362
1. Authorized uses. Request to include Light Manufacturing and
Manufacturing Moderate in addition to the base zoning designation
uses (B-2).
2. Building height. Allow an increase of building height from the base B-2
height, implementing the Regional Commercial Future Land Use
designation from 75 or 90’ to 120’ for a roof pitch less than 3:12 and
135’ for a roof pitch greater than 3:12. An increase of 44 to 60 percent
depending on roof pitch.
3. Parking. Eliminate minimum parking requirements for the district.
4. Non-residential signage. Allow up to 400 square feet of signage per
building or an increase of 1,100 percent based on the proposed
building areas.
5. Blank wall treatment. Increase blank wall threshold from an area 10’
by 15’ to 24’ by 30’ or an increase of 480 percent.
The applicant acknowledges that that any referenced base district standards
of the B-2 Zone or other standards not explicitly modified by the PDZ are
subject to change if the B-2 base district is amended.
The property has an approved Master Site Plan (Application 17027).
UNRESOLVED ISSUES:There are no unresolved issues with this application.
ALTERNATIVES:1. Approve the application with recommended contingencies and
conditions of approval;
2. Approve the application with modifications to the recommended
conditions of approval;
3. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Planned Development Zone.
Attachments:
23293 MSUIC PPDZ Staff Report CC.pdf
Report compiled on: February 14, 2024
363
Page 1 of 38
23293 Staff Report for the MSU Innovation Campus Planned Development
Zone
Public Hearing:
Community Development Board (Zoning Commission) meeting is on February 5,
2024.
City Commission hearing is on February 27, 2024.
Project Description: Planned Development Zone 23293 requesting a Sustainability/Resilient
Design Planned Development Zone on 41.97 acres and amendment 23293 of the City
Zoning Map to modify zoning from BP, Business Park District, to B-2, Community
Business District.
Project Location: Multiple addresses generally located between West College and Garfield
Streets and centered on Invention Drive. More particularly described as Tract C1-A of
the Amended Plat of West College Minor Subdivision No. 195B along with the south
70 feet of West College Street right of way, located in the NW 1/4 and the NE 1/4
of Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin
County, Montana.
Recommendation: Meets standards for approval with contingencies and conditions of
approval.
Recommended Zoning Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 23293 and move
to recommend approval of the MSU Innovation Campus PDZ Zone Map and Text
Amendment, with contingencies required to complete the application processing.
Recommended City Commission Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 23293 and move to approve the MSU Innovation
Campus PDZ Zone Map and Text Amendment, with contingencies required to
complete the application processing.
Recommended City Commission General Development Plan Motion: Having reviewed
and considered the staff report, application materials, public comment, and all
information presented, I hereby adopt the findings presented in the staff report for
application 23293 and move to approve the MSU Innovation Campus General
Development Plan with recommended conditions of approval.
Report: February 14, 2024
364
Staff Report for the MSU Innovation Campus Planned Development Zone Page 2 of 38
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
There are no unresolved issues with this application.
Project Summary
The applicant is seeking a Planned Development Zone (PDZ) zone map amendment to the
parcel known as the MSU Innovation Campus. The applicant is proposing a PDZ based on the
B-2 zone with the relaxations outlined below. Standards unique to this site are proposed as part
of the text component of the PDZ. In exchange for these relaxations the applicant agrees that
future development projects on the parcel will meet the conditions of the
Sustainability/Resilient Design PDZ. Specifically, any future buildings and their associated
site improvement will:
1. Demonstrate a reduction of water consumption of at least 25%. Future
developments within the PDZ will provide documentation of the intended path to
achieve the proposed 25% or greater reduction in indoor water usage and 25% or
greater reduction in outdoor water usage as part of the Site Plan submission
documents. This documentation may take the form of modelling prepared by a
professional engineer demonstrating the required water usage reduction
as compared to a model building that meets City of Bozeman development code
requirements and state-adopted plumbing code requirements at the time of the
submission, or a declaration of intent to follow the prescriptive path as outlined in
the most recent version of the Planned Development Zone Procedures Manual; and
2. Demonstrate a reduction of non-renewable energy use of at least 25%. Future
developments within the PDZ will provide documentation of the intended path to
achieve the proposed 25% or greater reduction in non-renewable energy usage as
part of the Building Permit submission documents. These calculations will be based
on the most recently declared percentage of non-renewable energy within the
energy mix as published by the energy utility at the time of submission. The
reduction of the non-renewable energy portion of the delivered energy may include
reductions in the energy use intensity (EUI) over a model building that meets City
365
Staff Report for the MSU Innovation Campus Planned Development Zone Page 3 of 38
of Bozeman development code and state-adopted building code requirements at the
time of the submission, the production of on-site renewable energy, or a
combination of the two.
Per the MSUIC Planned Development Zone (PDZ) project narrative submitted as part of
preliminary PDZ application 23293, the applicant is seeking a zone map amendment to the
parcel known as the MSU Innovation Campus and proposing a PDZ based on the B-2 zone
with relaxations, which are outlined in the project narrative. In exchange for these relaxations,
the applicant proposes that future development projects on the parcel will meet the conditions
of the Sustainability/Resilient Design PDZ (BMC Sec. 38.430.050.C.).
The changes to standards and uses for this site and requested to be established through the PDZ
are:
1. Authorized uses. Request to include Light Manufacturing and Manufacturing Moderate
in addition to the base zoning designation uses (B-2).
2. Building height. Allow an increase of building height from the base B-2 height,
implementing the Regional Commercial Future Land Use designation from 75 or 90’
to 120’ for a roof pitch less than 3:12 and 135’ for a roof pitch greater than 3:12. An
increase of 44 to 60 percent depending on roof pitch.
3. Parking. Eliminate minimum parking requirements for the district.
4. Non-residential signage. Allow up to 400 square feet of signage per building or an
increase of 1,100 percent based on the proposed building areas.
5. Blank wall treatment. Increase blank wall threshold from an area 10’ by 15’ to 24’ by
30’ or an increase of 480 percent.
The applicant acknowledges that that any referenced base district standards of the B-2 Zone or
other standards not explicitly modified by the PDZ are subject to change if the B-2 base district
is amended.
The property has an approved Master Site Plan (Application 17027). See also Modification
22107. The Plan arranged the street network and general development areas on the site.
Subsequently, three site plan applications have been reviewed, approved, and the building
constructed including:
Advance Research Lab Site Plan. Application 18-225
Industry Bozeman Site Plan. Application 21-304
Aurora Technologies Site Plan. Application 22-114
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or
mitigate possible negative impacts are incorporated in many locations in the municipal code
366
Staff Report for the MSU Innovation Campus Planned Development Zone Page 4 of 38
but are principally in Chapter 38, Unified Development Code. References in the text of this
report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on February 5, 2024. The Board was supportive of the application and
generally found the proposal meets the intent and purpose for Planned Development Zones
with one area of concern. The area of concern is the relaxation of signage standards.
A motion was made to strip the signage waiver. No second and the motion died. A second
motion was made to state that the request for signage is an area of concern. The motion passed
(4:1). In conclusion the Commission voted (5:0), as amended, to forward a recommendation
to approve the zone map and text amendment as submitted to the City Commission.
No public comment has been received on this application at the time of publication of this
report.
A complete record of the hearing can be viewed at the following web link starting at time
stamp 2:24:30.
https://bozeman.granicus.com/player/clip/2212?view_id=1&redirect=true
Alternatives
1. Approve the application with recommended contingencies to the PDZ and conditions of
approval for the General Development Plan;
2. Approve the application with modifications to the recommended conditions of approval
for the General Development Plan;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
367
Staff Report for the MSU Innovation Campus Planned Development Zone Page 5 of 38
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 4
Alternatives ......................................................................................................................... 4
SECTION 1 - MAP SERIES .................................................................................................... 6
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 11
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL FOR PLANNED
DEVELOPMENT ZONE GENERAL DEVELOPMENT PLAN .......................................... 11
SECTION 4 – CODE PROVISIONS ..................................................................................... 12
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 13
Planned Development Zone (General Development Plan) ............................................... 13
Zone Map Amendment ..................................................................................................... 13
SECTION 6 - ZONING AMENDMENT STAFF ANALYSIS AND FINDINGS ................ 14
SECTION 7 – PLANNED DEVELOPMENT ZONE ANALYSIS AND FINDINGS .......... 30
SECTION 8 – GENERAL DEVELOPMENT PLAN ANALYSIS AND FINDINGS .......... 34
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 35
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 35
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 35
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 38
FISCAL EFFECTS ................................................................................................................. 38
ATTACHMENTS ................................................................................................................... 38
368
Staff Report for the MSU Innovation Campus Planned Development Zone Page 6 of 38
SECTION 1 - MAP SERIES
Map 1: Project Vicinity Map
369
Staff Report for the MSU Innovation Campus Planned Development Zone Page 7 of 38
Map 2: BCP 2020 Future Land Use Map
Subject Property
370
Staff Report for the MSU Innovation Campus Planned Development Zone Page 8 of 38
Map 3: Existing City Zoning
371
Page 9 of 38
Map 4: MSU Master Site Plan
372
Staff Report for the MSU Innovation Campus Planned Development Zone Page 10 of 38
Map 5: General Development Plan
373
Page 11 of 38
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “MSU Innovation Campus PDZ Zone Map
Amendment.” All required documents must be returned to the City within 60 days of the
City Commission action to annex the property or the preliminary approval shall be null and
void.
2. That the Ordinance for the Zone Map Amendment shall not be finalized until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation agreement is not approved, the Zone Map Amendment
application shall be null and void.
3. The applicant must submit a zone amendment map, titled “MSU Innovation Campus PDZ
Zone Map Amendment”, acceptable to the Director of Transportation and Engineering, as
a PDF which will be utilized in the preparation of the Ordinance to officially amend the
City of Bozeman Zoning Map. Said map shall contain a mete and bounds legal description
of the perimeter of the subject property including adjacent rights-of-way, and the individual
zoning districts, and total acreage of the property.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable mete and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL FOR
PLANNED DEVELOPMENT ZONE GENERAL DEVELOPMENT
PLAN
The following conditions general development plan are recommended to enable the application
to comply with the City’s adopted plans and codes and the requirements of state law for the
provision of services.
Recommended conditions of approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. No phasing granted with this application.
3. No signage approved with application.
374
Staff Report for the MSU Innovation Campus Planned Development Zone Page 12 of 38
4. Designated base zoning district will be B-2, Community Business District.
5. Upon final approval of the general development plan and zoning Ordinance the following
relaxations are applied to the base zoning.
a) Authorized uses. Request to include Light Manufacturing and Manufacturing Moderate
in addition to the base zoning designation uses (B-2).
b) Building height. Allow an increase of building height from the base B-2 height,
implementing the Regional Commercial Future Land Use designation from 75 or 90’
to 120’ for a roof pith less than 3:12 and 135’ for a roof pitch greater than 3:12.
c) Parking. Eliminate minimum parking requirements for the district.
d) Non-residential signage. Allow up to 400 square feet of signage per building.
e) Blank wall treatment. Increase blank wall threshold from an area 10’ by 15’ to 24’ by
30’.
6. That all documents and exhibits necessary to establish the amended municipal zoning
designation of PDZ shall be identified as the “MSUIC PDZ Zone Map Amendment”.
SECTION 4 – CODE PROVISIONS
Development Plan Code Provisions:
1. BMC 38.270.030 requires that all improvements to be dedicated to the public, such as
water mains, sewer mains, parkland and related improvements, and public streets, must
be installed in accordance with the approved plans and specifications by the developer,
and certified by a registered professional civil engineer, licensed in the state, and
accepted by the city prior to the approval of the final plat, building permit, issuance of a
certificate of occupancy or other identified benchmark as may be appropriate.
2. BMC 38.430.100.C(2). The applicant may submit to the director a written request for
extension of time of up to two years to obtain the required building permit, and the
director may approve such requests pursuant to section 38.230.140.F.
3. BMC 38.430.100.B. The preliminary development plan is valid for one year from date of
approval.
4. BMC 38.430.080.B.1(b) No development granted with PDZ approval. Subsequent site
plan review and possible approval is required prior to approval of any building permit(s).
5. BMC 38.430.100.C Upon, and if, Final PDZ GDP approval is granted, the final plan
approval period is valid for three (3) years.
375
Staff Report for the MSU Innovation Campus Planned Development Zone Page 13 of 38
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Planned Development Zone (General Development Plan)
Having considered the criteria established for a General Development Plan, the Development
Review Committee (DRC) did not find any deficiencies that prohibit approval at this time that
will not be addressed through future development review processes and adopted City Codes.
The City Commission will hold a public meeting on the General Development Plan on
February 27, 2024. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting
will begin at 6 p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff found the
requested zoning meets standards for approval as submitted. The Zone Map Amendment
(ZMA) is in conjunction with a planned development zone application. Staff’s
recommendation and staff responses are predicated on approval of the general
development plan, application 23293.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application that cannot be addressed with adopted standards and requirements for future
development.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this ZMA on February 5, 2024, and will forward a recommendation
to the Commission on the Zone Map amendment. The meeting will begin at 6 p.m. in will be
held in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Members
of the public will also be able to participate remotely via WebEx. Instructions for joining the
WebEx meeting will be included on the meeting agenda which is published on the City’s
website at least 48 hours prior to the meeting. The agenda is available at
https://www.bozeman.net/meetings.
The City Commission will hold a public hearing on the planned development zone and the
general development plan on February 27, 2024. The meeting will begin at 6 p.m. in the
Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, Members of the
public will also be able to participate remotely via WebEx. Instructions for joining the meeting
through electronic means will be included on the meeting agenda which is published on the
City’s website at least 48 hours prior to the meeting. The agenda is available at
https://www.bozeman.net/meetings.
376
Staff Report for the MSU Innovation Campus Planned Development Zone Page 14 of 38
SECTION 6 - ZONING AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
Planned Development Zone applications amends both the zoning map and text. Both changes
to the map and text must be analyzed against State review criteria of 76-2-304, Mont. Code
Ann. However, depending on the nature and scope of the request, separate or combined zoning
analysis will be provided.
The MSUIC Planned Development Zone application proposes changing the zoning
classification from BP to a base zone of B-2 and amending five areas of development standards.
A combined map and text analysis is suitable for this application.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning
Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are
applied locally. Application of the criteria varies depending on whether an amendment is for
the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment
is accordance with a growth policy.
377
Staff Report for the MSU Innovation Campus Planned Development Zone Page 15 of 38
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the annexed area of the City and where there is anticipated
redevelopment within the City as discussed below. As shown on the maps in Section 1, on the
excerpt of the current future land use map, the property is designated as Regional Commercial
and Services. The Regional Commercial and Services designation description reads:
“Regionally significant developments in this land use category may be developed with
physically large and economically prominent facilities requiring substantial
infrastructure and location near significant transportation facilities. Due to the scale of
these developments, location, and transition between lower density uses is important.
Residential space should be located above the first floor to maintain land availability
for necessary services. Development within this category needs well-integrated
utilities, transportation, and open space networks that encourage pedestrian activity and
provide ready-access within and adjacent to development. Large community scale areas
in this land use category are generally 75 acres or larger and are activity centers for
several surrounding square miles. These are intended to service the overall community
as well as adjacent neighborhoods and are typically distributed by a one-to two-mile
separation.”
The property underwent a growth policy amendment to change the future land use designation
from Public Institutions to Regional Commercial and Services in 2022, see Application 22282.
According to the application materials, the Innovation Campus had been in development under
the auspices of the MSU Foundation and was therefore originally classified as Public
Institution on the future land use map. Development oversight and ownership of the Innovation
Campus has now transferred to a private entity and the scope of the intended development has
shifted. A master site plan for the area has been reviewed and approved. The owners believe
that a change in future land use designation and zoning change from PLI to B-P may be
beneficial and enable development more consistent with the goals of the growth policy and
their goals.
378
Staff Report for the MSU Innovation Campus Planned Development Zone Page 16 of 38
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table, the B-2 district is an implementing district of the Regional
Commercial and Services category.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
379
Staff Report for the MSU Innovation Campus Planned Development Zone Page 17 of 38
more intensive zoning districts and development, even within already developed areas. This
policy approach does not specify any individual district but does lean towards the more
intensive portion of the zoning district spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
arguing, “The proposed zone map amendment from B-P to PDZ/B-2 will allow for similar land
uses that are currently allowed on the parcel but will allow a greater density of this
development. The increased density supports several goals and objectives of the Community
Plan.” Further, relying heavily on the applicant analysis provided in the narrative submitted
with the application, the following goals and objectives are submitted in support of the zoning
change.
Goal DCD-1: Support urban development within the City.
DCD-1.1 Evaluate alternatives for more intensive development in proximity to high visibility
corners, services, and parks.
The MSU-IC is well situated to support this goal and the relaxations requested will
encourage more intensive development on the parcel. The principle arterial West College
Street and the collector W. Garfield Street flank the property to the north and to the south.
The campus is well supported by commercial services immediately to the west and is a
short distance to services to the north and downtown to the east-north-east. Finally, the
majority of the MSU campus is within a 1-mile radius.
The inclusion of Light Manufacturing uses in this location is appropriate. Recently, the
City modified its development code to allow Artisan Manufacturing in all commercial and
Industrial zoning districts, except PLI. This change is a response to the changing forms of
manufacturing in general. The MSUIC proposed uses integrate these changes. The buffers
surrounding the site further support expanded uses on the subject property.
Reducing minimum parking requirements in this location is reasonable. There is an
approved Master site plan detailing the street network, building locations, general
parking areas, and internal multi-modal circulation. The site is surrounded by Collector
and Arterial streets that do not allow parking, except in certain situations. Other MSU
property adjacent to the subject property are currently used for ag research, no parking
allowed. Previously approved development has provided sufficient parking. Although the
property is outside of the University Trip Exchange District [External PDF Link], the
same principals may apply to this site depressing vehicle trips compared to similar
developments elsewhere in the city. Therefore, is likely reduced parking will only impact
tenants of the development and not the neighboring properties.
DCD-1.2 Remove regulatory barriers to infill.
The regulations associated with the existing B-P zoning designation encourages low-rise
development with generous amounts of parking. The requested PDZ relaxations will
380
Staff Report for the MSU Innovation Campus Planned Development Zone Page 18 of 38
provide alternative development options, will potentially attract a more diverse array of
potential tenant companies, and will allow for the development of this infill site to be
accomplished in a way that is more aligned with the development goals of the city.
DCD-1.10 Support University efforts to attract development near campus.
The MSU Innovation Campus is designed to facilitate new and in-depth partnerships
between MSU and private sector business. It has as a primary goal to accommodate
appropriate development adjacent to campus and to foster opportunities for meaningful
collaboration. In terms of non-residential development, the MSUIC is among the very
most desirable locations, for the city and for the university, to support this goal.
Goal DCD 2: Encourage growth throughout the City, while enhancing the pattern of
community development oriented on centers of employment and activity. Support an
increase in development intensity with developed areas.
DCD-2.2 Support higher density development along main corridors and at high visibility street
corners to accommodate population growth and support businesses.
The Innovation Campus is bounded by the principle arterial W. College Street to the North
and the collector W. Garfield Street to the south. The principal arterials W. Main
Street/Huffine and S. 19th Street are a short distance to the site. The requested relaxations
would support this goal by allowing for a higher density of development along and in
proximity to these main corridors.
DCD-2.4 Evaluate revisions to maximum building height limits in all zoning districts to
account for contemporary building methods and building code changes.
The proposed relaxation of the maximum allowable building height for the campus would
be in support of the intentions of this goal.
Increased building height is appropriate for this location. As noted above there are
substantial buffers surrounding the site that will mitigate potential impacts cause by greater
building height. The property is designated as Regional Commercial and Services (RCS).
When implementing the Regional Commercial and Services, the B-2 zone building height
may be increased 50 percent. The applicant is modifying this to allow an additional 15
feet or one more story. The design of the approved master site plan, street configuration,
and related conditions make the proposed change reasonable with the offset provided
thought resiliency and sustainability.
381
Staff Report for the MSU Innovation Campus Planned Development Zone Page 19 of 38
DCD-2.9 Evaluate increasing the number of stories allowed in the centers of employment
and activity while also directing height transitions down to adjacent neighborhoods.
As a center of employment within the city, the proposed relaxation of the maximum
allowable building height for the campus would be in direct support of this goal.
Goal DCD-3: Ensure multimodal connectivity within the City.
DCD-3.5 Encourage increased development intensity in commercial centers and near major
employers.
The proposed relaxations, particularly those related to maximum building height and to
minimum parking, would support this goal by allowing for an increased intensity of
development in proximity to the commercial area centered on the intersection of W.
College Street and Huffine as well as being adjacent to the city’s largest employer Montana
State University.
DCD-3.6 Evaluate parking requirements and methods of providing parking as part of the
overall transportation system for and between districts.
The proposed relaxation to the minimum parking requirements would support this goal and
would allow the MSUIC to treat the provided parking as a campus- wide supply rather than
creating parking lots that would effectively be assigned to individual buildings.
Reducing minimum parking requirements in this location is reasonable. There is an
approved Master site plan detailing the street network, building locations, general
parking areas, and internal multi-modal circulation. The site is surrounded by Collector
and Arterial streets that do not allow parking, except in certain situations. Other MSU
property adjacent to the subject property are currently used for ag research, no parking
allowed. Previously approved development has provided sufficient parking. Although the
property is outside of the University Trip Exchange District [External PDF Link], the
same principals may apply to this site depressing vehicle trips compared to similar
developments elsewhere in the city. Therefore, is likely reduced parking will only impact
tenants of the development and not the neighboring properties.
Goal EPO-3: Address climate change in the City’s plans and operations.
EPO-3.3 Support water conservation, use of native plants in landscaping, and development of
water reuse systems.
The applicant is pursuing a PDZ through the Sustainability/Resilient Design path as
defined by the City. The applicant will commit that all future development
will demonstrate at least a 25% reduction of water consumption over a model building
382
Staff Report for the MSU Innovation Campus Planned Development Zone Page 20 of 38
allowed by the current plumbing and building codes. The approval of this PDZ, and the
water savings that will be achieved in all future phases of development, will be in direct
support of this water conservation goal.
Comments from the City’s Water Conservation program commented that, “Future
developments within the PDZ will provide documentation of the intended path to achieve
the proposed 25% or greater reduction in indoor water usage and 25% or greater reduction
in outdoor water usage as part of the Site Plan submission documents. This documentation
may take the form of modeling prepared by a professional engineer demonstrating the
required water usage reduction as compared to a model building that meets City of
Bozeman development code requirements and state-adopted plumbing code requirements
at the time of the submission, or a declaration of intent to follow the prescriptive path as
outlined in the most recent version of the Planned Development Zone Procedures Manual.”
EPO-3.4 Review and update landscape and open space standards for public and private open
spaces to reduce water use. Likewise, review and update standards for reuse systems.
As stated above, the applicant is pursuing a PDZ through the Sustainability/Resilient
Design path as defined by the City. The applicant will commit that all future development,
including the development of community and open space, will demonstrate at least a 25%
reduction of water consumption over a development that would be allowed by the current
plumbing and building codes. The approval of this PDZ, and the water savings that will
be achieved in all future phases of development, will be in direct support of this water
conservation goal.
EPO-3.9 Integrate climate change considerations into development standards.
As stated in the previous two goals, the applicant is pursuing a PDZ through
the Sustainability/Resilient Design path as defined by the City. All future
site development will demonstrate at least a 25% reduction of water consumption and a
25% reduction of non-renewable energy usage. As such, future developments on the
parcel will provide areas for job growth within the city while reducing the impact of this
growth on a finite water supply and on greenhouse gas emissions.
Comments from the Sustainability Program commented that, “Future developments within
the PDZ will provide documentation of the intended path to achieve the proposed 25%
or greater reduction in non-renewable energy usage as part of the Building Permit
submission documents. These calculations will be based on the most recently declared
percentage of non-renewable energy within the energy mix as published by the energy
utility at the time of submission. The reduction of the non-renewable energy portion of the
delivered energy may include reductions in the energy use intensity (EUI) over a model
383
Staff Report for the MSU Innovation Campus Planned Development Zone Page 21 of 38
building that meets City of Bozeman development code and state-adopted building code
requirements at the time of the submission, the production of on-site renewable energy, or
a combination of the two.”
Goal M-1: Ensure multimodal accessibility.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs and services in close proximity to one another.
The MSUIC is an infill parcel that is envisioned as a center for technology jobs
in southwest Montana. The campus is situated with significant retail and services to the
west, single and multi-family neighborhoods to the north, and campus housing east of
19th Avenue. As such, the MSUIC is in a particularly advantageous position to encourage
walking and bicycle trips as well as supporting the utilization of the bus network.
M-1.12 Eliminate parking minimum requirements in commercial districts and affordable
housing areas and reduce parking minimums elsewhere, acknowledging that demand for
parking will still result in new supply being built.
The approval of the requested PDZ relaxation to remove parking minimums for all future
development on the campus would be in direct support of this goal.
As noted above, reducing minimum parking requirements in this location is reasonable.
There is an approved Master site plan detailing the street network, building locations,
general parking areas, and internal multi-modal circulation. The site is surrounded by
Collector and Arterial streets that do not allow parking, except in certain situations. Other
MSU property adjacent to the subject property are currently used for ag research, no
parking allowed. Previously approved development has provided sufficient parking.
Although the property is outside of the University Trip Exchange District [External PDF
Link], the same principals may apply to this site depressing vehicle trips compared to
similar developments elsewhere in the city. Therefore, is likely reduced parking will only
impact tenants of the development and not the neighboring properties.
Goal EE-1: Promote the continued development of Bozeman as an innovative and thriving
economic center.
EE-1.1 Support the goals and objectives outlined in the Bozeman Economic Development
Strategy.
The proposed PDZ relaxations would allow for a significant increase in the density of
development on the Innovation Campus. The ability to support more, and larger,
technology companies in close proximity to each other supports the goals and objectives
384
Staff Report for the MSU Innovation Campus Planned Development Zone Page 22 of 38
of the Bozeman Economic Development Strategy. In particular, these increases would be
in support of the identified knowledge- based industry cluster of Photonics, Software/IT,
and Biotechnology. In addition, Objective 1.2 encourages investment in, and support of
employment areas desired by traded sector business expansion; Objective 1.3
encourages the support of industry cluster collaboration; Objective 2.2 encourages
the support of existing startup infrastructure; all of which are fundamental to the mission
of the MSU-IC.
In conclusion, staff finds no conflicts with the Growth Policy by the modification of the zoning
map from BP to B-2 or the changes in text associated with the PDZ. Staff finds that the
applicant has met the burden of proof in support of this application as required by the growth
policy.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. Future development of the property will be required to conform to all City of
Bozeman public safety, building and land use requirements, which will ensure this criterion is
met. The change from PLI to B-2 is not likely to adversely impact safety from fire and other
dangers. Further, the Fire Department reviewed the application and did not express concerns
about serving the site with any of the proposed modifications to the standards of the
development code.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
water and sewer supply and conveyance provide for public health through clean water. Rapid
and effective emergency response provides for public safety. The City’s standards ensure that
adequate services are provided prior to building construction which advances this criterion.
General welfare has been evaluated during the adoption of Chapter 38 and found to be
advanced by the adopted standards. The proposed revisions to the B-2 base zone will not
materially affect this criterion. Provision of parks, control of storm water, and other features
of the City’s development standards also advance the general welfare. Compliance with the
BCP 2020 as described in Section 6, Criterion A, shows advancement of the well-being of the
community as a whole. See also Criterion B.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4,
Criteria B, C, & D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by
the City’s long-range facility Plans, the City’s capital improvements program, and
385
Staff Report for the MSU Innovation Campus Planned Development Zone Page 23 of 38
development standards adopted by the City. The standards set minimum sizing and
flow requirements, require dedication of parks, provision of right of way for people
and vehicles, keep development out of floodplains, and other items to address public
safety, etc. It is often difficult to assess these issues in detail on a specific site.
For example, at the time of annexation, the final intensity of development is unknown
and it may be many years before development occurs and the impacts are
experienced. The availability of other planning and development review tools must
be considered when deciding the degree of assurance needed to apply an initial
zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks,
sustainability, and other facilities and services provided by the City. The adopted plans allow
the City to consider existing conditions; and identify enhancements needed to provide service
to new development. See page 19 of the BCP 2020 for a listing. The City implements these
plans through its capital improvements program (CIP). The CIP identifies individual projects,
project construction scheduling, and financing of construction for infrastructure. Private
development must demonstrate compliance with standards prior to construction. Dedication of
school facilities is not required by municipal zoning standards. However, School District 7 will
have opportunity to review and comment on future development.
The subject properties are within the City’s land use, transportation, parks, and utility planning
areas. Those plans show this property as developing within the City when development is
proposed. Review of the master site plan now in place for the property evaluated capacity and
found sufficient capacity exists. The change in uses is not expected to substantially alter
required capacity.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed
within that district are generally acceptable in that location. It is not a guarantee of
approval for any given use prior to the completion of the appropriate review procedure
and compliance with all applicable requirements and development standards of this
chapter and other applicable policies, laws and ordinances. It is also not a guarantee of
immediate infrastructure availability or a commitment on the part of the city to bear
the cost of extending services.”
E. Reasonable provision of adequate light and air.
Criterion met. This criterion is not about individual preferences for a given degree of visual
openness but about preservation of public health. The B-2 district provides adequate light and
air through the Bozeman Unified Development Code’s standards for park and recreation
386
Staff Report for the MSU Innovation Campus Planned Development Zone Page 24 of 38
requirements, on-site open space for residential uses, maximum building height, lot coverage,
and setback requirements.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
The applicant provided additional support by stating that, “While the applicant is requesting a
relaxation of the maximum allowable height, the zoning designation will still have significant
requirements for setbacks, buffering and lot coverage. All future developments on the campus
will be required to conform to these building requirements which will ensure that future
buildings will have adequate access to light and air.”
F. The effect on motorized and non-motorized transportation systems.
Criterion met. Staff diverges from the applicant’s assessment that this criterion is not met.
Although final densities are not known, the existing transportation system including West
Garfield, College, internal streets, and the proximity to 19th and Huffine Lane provide adequate
infrastructure to support development including the proposed relaxations. All developments in
the city are required to construct transportation system to accommodate their impacts on the
system and this development is no exception.
Internal and surrounding streets are constructed. Additional internal circulation systems will
be required to accommodate all transportation needs including pedestrians and bicycles.
The proposed zoning with relaxations will allow for a higher intensity than the base code
allows. Future development and redevelopment of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks, and improvements to the transportation network to serve the site,
which will improve the overall transportation system. These improvements include provisions
for non-motorized transportation systems. The change in zoning district will have minimal
effect on required road improvements, pedestrian or bicycle facilities, or similar compliance
with standards.
The application requests a parking requirement of zero for this area. The subject property is a
single parcel under control of a single developer. Responsibility for parking provision and
management for all on-site users will be the responsibility of the landowner.
387
Staff Report for the MSU Innovation Campus Planned Development Zone Page 25 of 38
Due to the size and configuration of the property the Walk Score varies depending on where
you request the data. Near the center of the subject property reveals a Walk Score of 24, a
transit score of 23, and a bike score of 83. Average walk score for the city is 47 (down from
48) out of 100. According to Walk Score® the walks score measures the walkability of any
address based on the distance to nearby places and pedestrian friendliness. According to Walk
Score® the walks score measures the walkability of any address based on the distance to
nearby places and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
These values are provided by Walk Score, a private organization which presents information
on real estate and transportation through walkscore.com. The algorithm which produces these
numbers is proprietary. A score is not an indication of safety or continuity of services or routes.
Scores are influenced by proximity of housing, transit, and services and expected ability, as
determined by the algorithm, to meet basic needs without using a car. Sites located on the edge
of the community have lower scores than those in the center of the community as the area is
still under development and therefore diversity of uses is less than in fully established areas.
There are no adopted development standards relating to the walk score.
G. Promotion of compatible urban growth.
Criterion met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where in
the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan p. 51).
The City’s future land use map designates the properties as Regional Commercial and Services.
These designations correlate with several zoning districts including the B-2 base district
proposed by the applicants. The districts were developed by the City to promote appropriate
urban growth compatible with the areas of the City as identified on the future land use map.
Based on the land use map designations and correlated zoning districts in the plan and proposed
by the applicants, the zone map amendment would promote compatible urban growth. The uses
388
Staff Report for the MSU Innovation Campus Planned Development Zone Page 26 of 38
of the B-2 base district are already in place in adjacent property. Also see the discussion in
(H) below.
The applicant provides additional support by stating, “The future land use map designates the
MSUIC as Regional Commercial and Services. This designation correlates to several zoning
districts including the B-2 as proposed by the applicant. In addition, the proposed relaxation
to the minimum parking requirements is intended to help facilitate the creation of a more
urban neighborhood of buildings that relate to each other, rather than being individual
buildings separated by parking lots.”
H. Character of the district.
Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and text for this site only. Therefore, no element of this
amendment modifies the standards of the B-2 district elsewhere in the city. The character of
the districts as created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character. This is especially
true when applying zoning to undeveloped areas as any new construction will alter the physical
characteristics of the area.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the
city's adopted growth policy. Elements of compatible development include, but are not
limited to, variety of architectural design; rhythm of architectural elements; scale;
intensity; materials; building siting; lot and building size; hours of operation; and
integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or monotony of
architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
B-2 district, in a Regional Commercial Future Land Use area context, to be compatible with
adjacent development’s mixed-use characteristics and uphold the unique character of the area.
The site has existing building, parking area, and undeveloped area. The existing buildings on-
site are consistent with the requested PDZ. There are a wide variety of uses adjacent to the site
389
Staff Report for the MSU Innovation Campus Planned Development Zone Page 27 of 38
including residential, agricultural, educational, and commercial. A review of the uses allowed
in the proposed PDZ shows many similarities with existing and authorized uses in the
surrounding area.
Further, the applicant puts forward in support of their application, “While the site and the lands
to the west were until recently ag lands, there is a character that is being developed in this
Regional and Commercial Services node of the city. The proposed relaxations would be in
general support of the character that has begun to develop to the west of the site along
Technology Boulevard. In particular, the minimum parking relaxation will allow for a more
continuous urban edge along that corridor.”
Therefore, the change in zoning does not appear to conflict with the character of the area.
I. Peculiar suitability for particular uses.
Criterion met. Future uses for construction on the site are not finalized at this time and the
purpose of this application is to expand permitted uses to include Light Manufacturing in the
B-2 zone. Suitability of the site for particular uses is not easily evaluated.
The applicant argues,
“The property is well situated between centers of commerce, areas of housing and the
campus of Montana State University. The MSUIC location is well suited to the creation
of an innovation hub that will attract national-level technology firms seeking to leverage
collaboration opportunities with the university while providing their workers with access
to the cultural and outdoor amenities that Bozeman has to offer.”
However, this statement does not directly address whether or not the B-2 zone, and the
inclusion of Light Manufacturing uses are suitable for the subject property.
As shown in Figure 4, the property is bounded by B-2 zoning to the west known as the
Bozeman Gateway development, R-O and R-4 to the north, PLI on the south and east, and BP
immediately adjacent to the subject property to the east.
First, the Commission recently approved a growth policy amendment to change the future land
use designation from Public Institutions to Regional Commercial and Services in 2022, see
Application 22282. This action rendered the existing zoning of BP not suitable for the property
and indicated one of the implementing districts for the Regional Commercial and Services
appropriate which include B-2, B-2M, UMU, and PLI. The UMU and PLI districts are not
appropriate in this case due to restrictions on placement or intent of public ownership leaving
either the B-2 or B-2M as possible districts to implement the growth policy. The applicant
desires B-2 as the base zone for the proposed PDZ. Considering the extra intensity that is
allowed through the Regional Commercial and Service FLU designation and the intended
purpose of the MSU Innovation Campus, B-2 zoning is suitable for the property.
The intent of the B-2 community business district is to provide for a broad range of mutually
supportive retail and service functions located in clustered areas bordered on one or more
390
Staff Report for the MSU Innovation Campus Planned Development Zone Page 28 of 38
sides by limited access arterial streets. Multi-household dwellings, townhouses, and
apartments are allowed as a secondary use due to their complementary nature and ability to
enhance the walkability of these districts. Design standards emphasizing pedestrian-oriented
design are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes, and/or areas served by transit.
In comparison, the intent of the M-1 light manufacturing district is to provide for the
community's needs for wholesale trade, storage and warehousing, trucking and transportation
terminals, light manufacturing, and similar activities. The district should be oriented to major
transportation facilities yet arranged to minimize adverse effects on residential development,
therefore, some type of screening may be necessary. The M-1 district as a whole is not an
implementing district for the Regional Commercial and Services designation and there is not
a good fit for this site. However, there are some use elements of M-1 which may be
appropriate.
Permitted uses for both the existing BP as well as the B-2 and M-1 zoning districts are listed
in Table 38.310.040.A – E, BMC. Analysis of the districts reveals, in general, the permitted
uses have many points in common. For example, both districts allow hotels and motels and
Light and Moderate Manufacturing, although these uses may require an approved Special Use
Permit (SUP). Truck repair, washing, and fueling services is not permitted in the B-2 zone and
may be allowed in the M-1 zone but require a SUP, emphasis added.
The inclusion of Light or Moderate Manufacturing uses in this location is appropriate. The site
has been designated as BP for many years. The BP district allows artisan, light, and moderate
manufacturing as a principal use. Therefore, the request is for a continuation of already allowed
uses. Recently, the City modified its development code to allow Artisan Manufacturing in all
commercial and Industrial zoning districts, except PLI. This change is a response to the
changing forms of manufacturing in general. The MSUIC proposed uses integrate these
changes. The buffers surrounding the site further support expanded uses on the subject
property.
Considering the context of the site with a robust transportation system, major streets serving
the property, existing city services established, and the variety of land uses in the immediate
area, the proposed B-2 base district with some additional uses added are suitable for this
property. Adopted standards and processes will mitigate potential conflict, the context of the
property, and the granting of superior performance furthering the City’s Integrated Water Use
Plan and the Climate Action Plan.
J. Conserving the value of buildings.
Criterion met. The site has existing commercial buildings, an approved MSP, unique Gateway
PUD west of the subject property, existing street network, and adjacent agricultural lands will
minimize any potential negative impacts for the development of buildings on this site.
391
Staff Report for the MSU Innovation Campus Planned Development Zone Page 29 of 38
B-2 zoning will allow for new and diverse development patterns on the subject parcel that
compliment development on adjacent sites. Future development must comply with the
Bozeman Unified Development Code which will ensure an appropriate scale and intensity of
uses. As a result, the proposed zone map amendment is not anticipated to negatively impact
nearby building values as the development pattern will be appropriate to the surrounding
character of the district. All future buildings must meet or exceed the development standards
for the base zone of B-2.
The values of some buildings may improve in the future as new and improved amenities are
provided to the area as the site is developed according to the proposed B-2 and M-1 districts,
while other buildings’ values are unlikely to be impacted largely due to a robust real estate
market and lack of unmitigated offensive uses allowed by the proposed zoning district.
Further, as the applicant states, “The proposed change in zone from B-P to a PDZ based on the
B-2 zone will allow the continued use of the three buildings that are completed or under
construction on the MSUIC. This zone change is in no way expected to negatively impact the
value of the existing buildings on the MSUIC, or in its vicinity, in a measurable way.”
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land
through the future land use map. This application complies with the BCP 2020 by proposing
zone map amendments of districts that continue to implement the future land use map
designations. In this case, urban mixed-use development is identified by the community as the
most appropriate type of development for the property. The Unified Development Code
contains standards, protections, and review processes to ensure the land is developed in ways
that are appropriate to a site’s context and according to the BCP 2020.
Similarly, as stated by the applicant,
“The Bozeman Community Plan illustrates the most appropriate use of the land. The
MSUIC has a future land use designation of Regional Commercial and Services. This land
use designation supports the creation of regionally significant developments
with physically large and economically prominent facilities. The MSUIC forms the
eastern edge of a larger swath of land with the same designation centered on the
intersection of W. College Street and Huffine Lane. The MSUIC is uniquely situated
between this commercial center and the Montana State University campus. As such, the
continued use of this land as a technology park partnered with the university, but with
allowances for increased density, is seen as a benefit to the city and an appropriate use of
this land.”
392
Staff Report for the MSU Innovation Campus Planned Development Zone Page 30 of 38
SECTION 7 – PLANNED DEVELOPMENT ZONE ANALYSIS AND
FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Criteria applicable to all PDZ applications.
Complies with applicable Montana state law criteria for approval of a zoning map and text
amendment, MCA 76-2-304.
Criterion met. The PDZ application requests a base zoning designation of B-2 and includes
a general development plan. The Future Land Use designation for the subject property is
Regional Commercial and Services. The B-2 zone is an implementing district for this
classification.
The application modifies five standards of the base zoning: building height, more permissible
uses, parking, increased signage, and blank wall treatment. As discussed in the zoning map
and text amendment criteria analysis in section five, the required zoning and relaxations are
commensurate with the proposed Sustainable/Resilient Design program integrated into future
buildings. Reduced water consumption and energy use will further the City’s Integrated Water
Use Plan and the Sustainability offsetting the impacts of the text changes in this setting.
Specific reductions goals are:
1) Demonstrate a reduction of water consumption of at least 25%. Future developments
within the PDZ will provide documentation of the intended path to achieve the proposed
25% or greater reduction in indoor water usage and 25% or greater reduction in outdoor
water usage as part of the Site Plan submission documents. This documentation may take
the form of modeling prepared by a professional engineer demonstrating the required water
usage reduction as compared to a model building that meets City of Bozeman development
code requirements and state-adopted plumbing code requirements at the time of the
submission, or a declaration of intent to follow the prescriptive path as outlined in the most
recent version of the Planned Development Zone Procedures Manual; and
2) Demonstrate a reduction of non-renewable energy use of at least 25%. Future
developments within the PDZ will provide documentation of the intended path to achieve
the proposed 25% or greater reduction in non-renewable energy usage as part of the
Building Permit submission documents. These calculations will be based on the most
recently declared percentage of non-renewable energy within the energy mix as published
by the energy utility at the time of submission. The reduction of the non-renewable energy
portion of the delivered energy may include reductions in the energy use intensity (EUI)
over a model building that meets City of Bozeman development code and state-adopted
393
Staff Report for the MSU Innovation Campus Planned Development Zone Page 31 of 38
building code requirements at the time of the submission, the production of on-site
renewable energy, or a combination of the two.
Context is important. The site is subject to a Master Site Plan (MSP) arranging the circulation
system, protecting sensitive; lands, and generally showing building sites. The property is
bounded by designated Collector Street on the south and a Principal Arterial Street to the north.
In combination these corridors create significant separation between adjacent properties.
Montana State University agricultural lands bound the site to the south. The properties to the
north are zoned R-O (Residential Office). With required setbacks, utility easements, and right-
of-way there is a minimum of 130 feet of separation to the north. In addition, three site plans
have been reviewed and approved based on the original MSP and are constructed. If approved,
the relaxations proposed will apply to all future and existing buildings within the boundary of
the PDZ.
The general development plan shows internal circulation, general building locations,
parking, and open space. See Section 1 – Map Series. Three sites within the subject property
have been developed or are in construction further establishing the character of the site.
Section 5 of this report details analysis showing compliance with applicable Montana state
law criteria for approval of a zoning map and text amendment, MCA 76-2-304. See section
5, criterion A for additional discussion. The following relaxations are approved with this
application.
a) Authorized uses. Request to include Light Manufacturing and Manufacturing Moderate
in addition to the base zoning designation uses (B-2).
b) Building height. Allow an increase of building height from the base B-2 height,
implementing the Regional Commercial Future land Use designation from 75 or 90’ to
120’ for a roof pith less than 3:12 and 135’ for a roof pitch greater than 3:12.
c) Parking. Eliminate minimum parking requirements for the district.
d) Non-residential signage. Allow up to 400 square feet of signage per building.
e) Blank wall treatment. Increase blank wall threshold from an area 10’ by 15’ to 24’ by
30’.
Complies with general eligibility criteria in 38.430.040;
A. An application for rezoning to a PDZ district may only be accepted for review by the city
if the review authority determines that the application complies with the following
general criterion along with the PDZ type-specific criteria in Sec. 38.430.050, as
determined by the director:
All property included in the proposed PDZ must be under common ownership or control
or must be the subject of an application filed jointly by the property owners of all the
property to be included.
394
Staff Report for the MSU Innovation Campus Planned Development Zone Page 32 of 38
Response: Criterion met. All properties are under the control of a single property owner
as listed in the application materials.
B. Compliance with the eligibility criteria allows the applicant to begin negotiations with
the city regarding the specific uses, structures, layout, and design that will be used to
satisfy the eligibility criteria.
Response: Criterion met. The application was submitted, approved master site plan, and
a three approved site plans on the subject property indicate compliance with this criterion.
The requested PDZ includes the necessary eligibility requirements for a
sustainability/resilient design PDZ as described in section 38.430.050.C, BMC.
C. Compliance with the eligibility criteria does not indicate that the PDZ will be approved
by the city. Approval by the city requires a city commission finding that the criteria for
approval in section 38.430.090 are met.
Response: A hearing is scheduled for the City Commission on February 27, 2024, to
meet this requirement.
Complies with the specific eligibility criteria for the type of PDZ requested, as listed in
38.430.050, as applicable;
The application requests a Sustainable/resilient design PDZ pursuant to section
38.430.050.C, BMC.
1. Eligibility. A sustainable/resilient design PDZ application must propose project, site,
or building design features demonstrated to achieve two or more of the following
reductions in resource consumption or trip generation when compared to those levels
anticipated for developments of a similar type under the reference base district:
a. A reduction in water consumption of at least 25 percent; or
b. A reduction in non-renewable energy use of at least 25 percent; or
c. A reduction in average daily motor vehicle trip generation of at least 25 percent;
or
d. A combination of reductions in water consumption, non-renewable energy use, or
average daily motor vehicle trip generation providing at least an equivalent
sustainable/resilient development benefit to the city.
Response: Criterion met. Application details proposed sustainable/resilient design
meeting subsection “a” and “b”. Condition of approval and code provisions are
included to ensure performance standards are met.
2. Flexibility allowed. Eligible application for a sustainable/resilient design PDZ may
request an adjustment or waiver of any non-procedural city development standard in
this chapter if that adjustment or waiver will contribute to reductions in water
consumption, non-renewable energy consumption, or traffic generation when
395
Staff Report for the MSU Innovation Campus Planned Development Zone Page 33 of 38
compared to development of a similar type under the reference base district standards.
The city may not adjust or waive any provision imposed by state or federal law or
regulation.
Response: Criterion met. No waivers are requested or required with the application.
Requested adjustments to base standards are listed in the application and adopted
herein. Specific relaxations are:
a) Authorized uses. Request to include Light Manufacturing and Manufacturing
Moderate in addition to the base zoning designation uses (B-2).
b) Building height. Allow an increase of building height from the base B-2 height,
implementing the Regional Commercial Future land Use designation from 75
or 90’ to 120’ for a roof pith less than 3:12 and 135’ for a roof pitch greater than
3:12.
c) Parking. Eliminate minimum parking requirements for the district.
d) Non-residential signage. Allow up to 400 square feet of signage per building.
e) Blank wall treatment. Increase blank wall threshold from an area 10’ by 15’ to
24’ by 30’.
Is in accordance with the growth policy currently in effect, including the future land use
map; and
Response: Criterion met. There are no identified conflicts with the current growth policy or
future lane map. Please refer to the Criteria A in Section 5 for more discussion.
Identifies one or more of the base zoning districts listed in article 3 of this chapter, as the
reference base district for each portion of the PDZ; and
Response: Criterion met. Applicant requested a base zone of B-2, Community Business
District.
Mitigates known adverse impacts on surrounding properties to the extent practicable
consistent with 38.100.050 and 38.100.070.
Response: Criterion met. No adverse impacts on surrounding properties to the extent
practicable with available information have been identified. The analysis above considers
potential impacts of the PDZ and found impacts will be mitigated with the adopted city
standards, processes, and proposed conditions of approval.
Section 38.100.050.A, BMC states that adopted standards are minimum requirements
adopted for the promotion of the health, safety and general welfare of the community. In
some instances, the public interest will be best served when such minimums are exceeded.
The proposed PDZ requires a development that exceeds minimum standards and offsets
396
Staff Report for the MSU Innovation Campus Planned Development Zone Page 34 of 38
impacts of the relaxations by furthering the efforts of other adopted goal and polices of the
city.
The suggested conditions of approval are reasonable to ensure ongoing performance of the
proposed development. These conditions align with the responsibility of persons undertaking
the subdivision, development, or use of land who have the duty of complying with
reasonable conditions for design, dedication, improvement, and restrictive use of the land
so as to conform to the physical and economic development of the city, and to the safety
and general welfare of the future lot owners and of the community at large.
SECTION 8 – GENERAL DEVELOPMENT PLAN ANALYSIS AND
FINDINGS
A General Development Plan was submitted with the Planned Development Zone application,
see Map 5, Section 1 of this report. The preliminary development plan shows the general
development pattern for the property. In reviewing the development plan, it must not be
contrary to any adopted local or State standard not listed as a relaxation in association with the
PDZ.
The property has an approved Master Site Plan (Application 17027). See also Modification
22107. The Plan arranged the street network and general development areas on the site. The
approved MSP is in conformance with adopted standards and is partially built out. The PDZ
does not grant the right to begin construction, additional review is required. Additional review
may include subdivision and/or site plan review. In this case, site plan review will be required
which will ensure future development or redevelopment will meet minimum standards and the
sustainability/conservation requirements as part of the PDZ.
The site is partially developed as shown on location maps in Section 1. Three site plan
applications have been reviewed, approved, and the building constructed including:
Advance Research Lab Site Plan. Application 18-225
Industry Bozeman Site Plan. Application 21-304
Aurora Technologies Site Plan. Application 22-114
If the PDZ, including both the Zone Map Amendment and general development plan is
approved by the Commission, a final general development plan will be submitted and reviewed
pursuant to section 38.430.080.G, BMC. The Commission has delegated the authority for
review of the final development plan the Director of Community Development. An application
is required for this final step [External application PDF link].
In conclusion, staff finds the preliminary general development plan meets all applicable
standards for granting approval, contingent on the contingencies for the ZMA and suggested
conditions of approval.
397
Staff Report for the MSU Innovation Campus Planned Development Zone Page 35 of 38
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY
THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE
AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT
INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME
EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE
PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the
proposal described in this report until the close of the public hearing before
the City Commission. Pursuant to 76-2-305, MCA, a protest may only be
submitted by the owner(s) of real property within the area affected by the proposal
or by owner(s) of real property that lie within 150 feet of an area affected by the
proposal. The protest must be in writing and must be signed by all owners of the
real property. In addition, a sufficient protest must: (i) contain a description of the
action protested sufficient to identify the action against which the protest is lodged;
and (ii) contain a statement of the protestor's qualifications (including listing all
owners of the property and the physical address), to protest the action against which
the protest is lodged, including ownership of property affected by the action.
Signers are encouraged to print their names after their signatures. A person may in
writing withdraw a previously filed protest at any time prior to final action by the
City Commission. Protests must be delivered to the Bozeman City Clerk, 121
North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on January 20 and 27, 2024. The notice
was posted on site and notices mailed by the applicant as required by 38.220 and the required
confirmation provided to the Planning Office. Notice was provided at least 15 and not more
than 45 days prior to any public hearing. The City Commission hearing is scheduled for
February 27, 2024.
No public comment has been received on this application as of the production of this report.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED
ZONING
Adopted Growth Policy Designation:
The property is designated as “Regional Commercial and Services” in the Bozeman
Community Plan. This classification is described as:
398
Staff Report for the MSU Innovation Campus Planned Development Zone Page 36 of 38
Regionally significant developments in this land use category may be developed
with physically large and economically prominent facilities requiring substantial
infrastructure and location near significant transportation facilities. Due to the scale
of these developments, location, and transition between lower density uses is
important. Residential space should be located above the first floor to maintain land
availability for necessary services. Development within this category needs well-
integrated utilities, transportation, and open space networks that encourage
pedestrian activity and provide ready-access within and adjacent to development.
Large community scale areas in this land use category are generally 75 acres or
larger and are activity centers for several surrounding square miles. These are
intended to service the overall community as well as adjacent neighborhoods and
are typically distributed by a one-to two-mile separation.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2, Community business district in association with
the Planned Development Zone application.
The intent of the B-2 community business district is to provide for a broad range
of mutually supportive retail and service functions located in clustered areas
bordered on one or more sides by limited access arterial streets. Multi-household
dwellings, townhouses, and apartments are allowed as a secondary use due to their
complementary nature and ability to enhance the walkability of these districts.
Design standards emphasizing pedestrian-oriented design are important elements
of this district. Use of this zone is appropriate for arterial corridors, commercial
nodes, and/or areas served by transit.
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (see below for the Table)
399
Staff Report for the MSU Innovation Campus Planned Development Zone Page 37 of 38
400
Staff Report for the MSU Innovation Campus Planned Development Zone Page 38 of 38
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: MSU Innovation Campus, 222 East Main Steet, Bozeman, MT 59715
Applicant: A&E Design, 515 W Aspen Street, Suite 200A, Bozeman, MT 59715
Representative: A&E Design, 515 W Aspen Street, Suite 200A, Bozeman, MT 59715
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Planned Development Zone.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=280722&dbid=0&repo=BOZEMAN
401