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03-26-24 City Commission Agenda and Packet Materials
A. 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. Approval of Minutes F.1 Approve the Regular Meeting Minutes from: 02-06-24 City Commission Meeting 03-19-24 City Commission Meeting(Maas) G. Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, March 26, 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 Consider the Motion: I move to approve the combined City Commission minutes as submitted. 1 G.1 Accounts Payable Claims Review and Approval (Armstrong) G.2 Authorize the City Manager to Sign an Memorandum Of Understanding Between the City of Bozeman and Gallatin Watershed Council for Branch Out Bozeman: Urban Forest Network(Nordquest, Overton) G.3 Authorize the City Manager to Sign a Software as a Service Agreement with Datagain, Inc(Boundy) G.4 Authorize the City Manager to Sign a Purchasing Entity Addendum to Participate in the State of Montana General Banking Services Agreement with U.S. Bank(Clark) G.5 Authorize City Manager to Sign an Agreement with Highland Construction Services LLC for Construction of Glen Lake Rotary Park Parking Lot Phase I(Jadin) G.6 Authorize City Manager to Sign a Professional Services Agreement with Morrison Maierle for the North 27th Avenue Improvements Project-Baxter to Cattail(Murray) G.7 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with HDR for the Bridger Creek Flood and Erosion Control Project(Murray) G.8 Authorize the City Manager to Sign an Amendment 1 to Sanderson Stewart Contract for Westlake Park(Jadin) G.9 Authorize the City Manager to Sign an Amendment One to the Professional Services Agreement with Advanced Engineering and Environmental Services Inc. (AE2S) for the 2022 Drought Tool Improvements(Ahlstrom) G.10 Resolution 5492, Adoption of the Walker Subdivision Lot 5, Block 1 Annexation, Annexing Approximately 2.552 Acres and Adjacent Rights-of-Way, the Property is Located on the North Side of Campbell Road Between Gibson and Kean Drives, Application 22125(Rogers) G.11 Ordinance 2140, Provisional Adoption, Establishing a Zoning Designation of R-3, Residential Moderate Density District, in Association with the Annexation of 2.552 Acres, the Walker Subdivision Lot 5, Block 1 Annexation, the Property is Located on the North Side of Campbell Road between Gibson and Kean Drives, Application 22125(Rogers) H. Public Comment I. Action Items I.1 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an 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. 2 Initial Zoning Designation of R-4 and R-5 on 81.468 Acres, the Baxter 80 Annexation; Property is Generally Located Between West Oak Street and Baxter Lane and West of Laurel Parkway, Application 23208(Rogers) I.2 Ordinance 2158 Updating Manner of Collection for Lane/Shoulder/Path Mitigation Fees(Ross) I.3 Resolution 5588 Establishing Lane/Shoulder/Path Mitigation Fees (Ross) J. Appointments J.1 Appointment to the Economic Vitality Board(Maas) K. FYI / Discussion L. Adjournment Consider the 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 23208 and move to approve the Baxter 80 Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. AND 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 23208 and move to approve the Baxter 80 Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Consider the Motion: I move to approve Ordinance 2158 Updating Manner of Collection for Lane/Shoulder/Path Mitigation Fees Consider the Motion: I move to approve Resolution 5588 Establishing Lane/Shoulder/Path Mitigation Fees Consider the Motion: I move to appoint one member to the Economic Vitality Board to a term ending December 31, 2025. 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 Videos Page. 3 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Chuck Winn, Assistant City Manager SUBJECT:Approve the Regular Meeting Minutes from: 02-06-24 City Commission Meeting 03-19-24 City Commission Meeting MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Consider the Motion: I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many City Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerks' Office at 406.582.2320 or email agenda@bozeman.net for assistance. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Attachments: 4 02-06-24 City Commission Meeting Minutes.docx 03-19-24 City Commission Meeting Minutes.docx Report compiled on: March 11, 2024 5 Bozeman City Commission Meeting Minutes, March 6, 2024 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES March 6, 2024 Present:Terry Cunningham, Jennifer Madgic, Joey Morrison Absent:None Excused:Christopher Coburn, Douglas Fischer Staff Present at the Dais:Acting City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A)00:39:22 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse B)00:40:48 Pledge of Allegiance and a Moment of Silence C)00:41:41 Changes to the Agenda D)00:41:47 Authorize Absence D.1 Authorize the Absences of Commissioner Christopher Coburn and Commissioner Douglas Fischer 00:42:00 Motion to approve the Absences of Commissioner Christopher Coburn and Commissioner Douglas Fischer. Jennifer Madgic: Motion Joey Morrison: 2nd 6 Bozeman City Commission Meeting Minutes, March 6, 2024 Page 2 of 8 00:42:15 Vote on the Motion to approve the Absences of Commissioner Christopher Coburn and Commissioner Douglas Fischer.The Motion carried 3 - 0. Approve: Terry Cunningham Jennifer Madgic Joey Morrison Disapprove: None E)00:42:25 FYI There were no FYIs. F)00:42:53 Commission Disclosures There were no disclosures. G)00:43:00 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the City Manager to sign the Notice of Award and contract documents once received for the Bozeman Creek Ice Control Well Project to Bridger Drilling Inc. Notice of Award_Bozeman Creek Ice Well Construction Contract_Bridger Drilling.pdf Bozeman Creek Ice Well Construction Contract_Award Recommendation and Bid Tab.pdf Bozeman Creek Ice Control Well Project Bid Package.pdf G.3 Ratify City Manager's signature on Acknowledgment of Assignment and Pledge of Security Interests in the Development Agreement and the Agreement for the Infrastructure Improvements for the Mendenhall Street Sanitary Sewer from 5th Avenue to Grand Avenue with Freestone on Main, LLC. Revised 1_18_24_ADDENDUM - INFRUSTRUCTURE.docx G.4 Authorize City Manager to Sign Release of Lien for Park Purposes for North 3rd Apartments, LLC, Site Plan Application 22375 N 3rd Apts Release of Lien for Park Purposes.docx G.5 Authorize the City Manager to Sign Professional Services Agreements for Facilities Contractors Term Contracts PSA - Master Task Order - IMEG - Compiled.pdf 7 Bozeman City Commission Meeting Minutes, March 6, 2024 Page 3 of 8 PSA - Master Task Order - ABM - Compiled.pdf G.6 Authorize the City Manager to sign the Professional Services Agreement with Root Policy Research for the FY24-26 Consolidated Plan, Community Housing Action Plan and Citizen Participation Plan. FY 2024-2029 Consolidated Plan PSA.pdf Exhibit A - Scope of Work.pdf G.7 Authorize the City Manager to sign a Professional Services Agreement (PSA) with Doncaster Consulting for Fred Willson Multiple Property Documentation Historical Research Services Fred Willson MPD contract 1-24-2024.pdf G.8 Authorize the City Manager to sign Amendment No. 1 to the Professional Services Agreement with the firm of Morrison-Maierle, Inc. providing construction engineering services for the installation of an ice control well along Bozeman Creek Fire Station 1 Ice Well Relocation PSA - Amendment No.1.pdf G.9 Authorize the City Manager to Sign Amendment 3 to the PSA with Jackson Contractor Group for Swim Center Renovation GCCM Services PSA - 3RD Amendment - Swim Center GCCM- Jackson Contractor Group.pdf Bozeman Swim Center Phase 2 Construction Schedule 1.29.24.pdf G.10 Authorize City Manager to Sign a Sixth Amendment to a Professional Services Agreement with Central House Strategies for Lobbying Services 6th Amendment - Central House Strategies - Lobbying Services with SoW.pdf G.11 Resolution 5568 Intent to Modify Special Improvement Lighting District 748 (MSU Innovation Campus) to add four additional lights on Technology Blvd. Resolution 5568-Intent to Modify SILD 748 -MSU Innovation Campus.docx Schedule A.pdf Exhibit B.pdf G.12 Resolution 5574 Intent to Create a Special Improvement Lighting District 784 for North Park Development Exhibit A.pdf Exhibit B.pdf Resolution 5574-Intent to Create SILD 784.docx G.13 Resolution 5576 Intent to Modify Special Improvement Lighting District 767 Bozeman Gateway Sub PUD Phase4 (West Garfield St) to include the MSU Innovation Campus. Resolution 5576-Intent to Modify SILD 767 Bozeman Gateway Sub PUD Phase 4 (West Garfield Street).docx Exhibit A.pdf 8 Bozeman City Commission Meeting Minutes, March 6, 2024 Page 4 of 8 Exhibit B.pdf G.14 Approve Resolution 5578, Authorizing the City Manager to Sign GMP Amendment #2 with Jackson Contractor Group, Inc., for the Bozeman Swim Center Renovation Project Resolution 5578 - GMP Amendment.pdf Swim Center PCCO #04.pdf Guaranteed Maximum Price Amendment No. 2 for Swim Center Renovation.pdf G.15 Resolution 5579, Authorizing the City Manager to Sign Prime Change Order 4 and Guaranteed Maximum Price Amendment 6 with Martel Construction, Inc. for the Construction of the Bozeman Public Library Renovation Project Resolution 5579.pdf Prime Change Order #4.pdf Guaranteed Maximum Price Amendment No. 6 for Public Library.pdf G.16 Ratify City Manager Paid Administrative Leave **This Agenda Item is a supplemental addition to the original agenda.** 00:43:17 Acting City Manager Introduction ACM Winn provided the highlights of the Consent Agenda 00:44:51 Public Comment on Consent There were no Public Comments on Consent 00:45:46 Motion to approve Consent Items 1 - 16 as submitted. Joey Morrison: Motion Jennifer Madgic: 2nd 00:46:02 Vote on the Motion to approve Consent Items 1 - 16 as submitted.The Motion carried 3 - 0. Approve: Terry Cunningham Jennifer Madgic Joey Morrison Disapprove: None H)00:46:16 Public Comment 9 Bozeman City Commission Meeting Minutes, March 6, 2024 Page 5 of 8 00:47:40 Cindy Miller commented in opposition of multiple story building projects in Bozeman. 00:50:30 Holly Hart commented on transparency in government. 00:52:22 Angie Kocielek commented on public comment and city staff. 00:55:35 Marilee Brown commented on the City Charter and putting it on the June ballot. I)00:57:45 Action Items ACM Winn Introduced Action Items I.1 Continue Application 23059 Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District- Mixed) on the Western Half of the Property and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39.86 Acres. Continuance Letter (23059).pdf 00:59:59 Public Comment 01:00:15 Cindy Miller asked where the property referenced in Action Item I.1 was located. 01:01:17 Barb Dolly commented on the continuation. 01:02:25 Motion to approve the request to Continue Application 23059 to the March 5th, 2024 City Commission Hearing. Joey Morrison: Motion Jennifer Madgic: 2nd 01:02:36 Vote on the Motion to approve the request to Continue Application 23059 to the March 5th, 2024 City Commission Hearing.The Motion carried 3 - 0. 10 Bozeman City Commission Meeting Minutes, March 6, 2024 Page 6 of 8 Approve: Terry Cunningham Jennifer Madgic Joey Morrison Disapprove: None I.2 01:02:54 Continue the Public Hearing for the SRX North Growth Policy Amendment Requesting to Modify the Bozeman Community Plan 23020 Future Land Use Map from Urban Neighborhood to Community Commercial for property located between Arnold and Graf Streets and east of South 19th Avenue, Application 23063 to March 5, 2024 23063 SRX North GPA Continuance request.pdf 01:03:18 Public Comment There were no Public Comments on Action Item I.2. 01:04:05 Motion to continue the public hearing for review of application 23063, the SRX North Growth Policy Amendment to March 5, 2024. Jennifer Madgic: Motion Joey Morrison: 2nd 01:04:20 Vote on the Motion to continue the public hearing for review of application 23063, the SRX North Growth Policy Amendment to March 5, 2024.The Motion carried 3 - 0. Approve: Terry Cunningham Jennifer Madgic Joey Morrison Disapprove: None J)01:04:43 Other Agency Hearing 11 Bozeman City Commission Meeting Minutes, March 6, 2024 Page 7 of 8 J.1 01:04:46 Public Hearing for two Low Income Housing Tax Credit (LIHTC) projects, Midtown Aspen Apartments and Aspen 8 Residences, applying for real property tax exemption from the Montana Department of Revenue? Project description Midtown Aspen 01.16.24.pdf Project description Aspen 8 01.16.24.pdf Notice of Public Hearing - Midtown 8th 01.12.24.pdf Notice of Public Hearing - Midtown Aspen 01.16.24.pdf ACM Winn introduced the Public Hearing Agenda Item. 01:05:19 Staff Presentation Renata Munfrada, Housing Program Coordinator, presented Low Income Housing Tax Credit Housing, Montana Code, Public Notice, Midtown Aspen Apartments, Rendering of Project, Aspen 8 Residences. 01:08:25 Questions of Staff 01:12:27 Public Comment 01:13:07 Alison Sweeney commented on the use of LIHTC and city code. 01:14:57 Cindy Miller commented on Seventh Street beautification and where this project will be built. K)01:16:27 FYI / Discussion CA Sullivan responded to a Public Comment during the meeting and outlined the duty of the city to place Local Government Study Commission on the ballot. Mayor Cunningham affirmed that putting the Local Government Study Commission on the ballot is mandatory according to Montana State Law. L)01:19:40 Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582- 2301).Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 12 Bozeman City Commission Meeting Minutes, March 6, 2024 Page 8 of 8 ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: March 26, 2024 13 Bozeman City Commission Meeting Minutes, March 19, 2024 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES March 19, 2024 Present:Terry Cunningham, Joey Morrison, Jennifer Madgic, Christopher Coburn, Douglas Fischer Absent:None Excused:None Staff at the Dias:Acting City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A)00:33:12 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse Acknowledgement of the passing of I-Ho Pomeroy B)00:35:10 Pledge of Allegiance and a Moment of Silence C)00:35:55 Changes to the Agenda D)00:36:03 FYI Commissioner Madgic informed the public about the State of the City upcoming presentation, Wednesday, March 20th, 6 pm at Fire Station 3. ACM Winn announced that Jill Miller, Water Treatment Plant Superintendent for City of Bozeman was awarded the American Membrane Technology Association Presidential Award at the National Conference. E)00:37:34 Commission Disclosures 14 Bozeman City Commission Meeting Minutes, March 19, 2024 Page 2 of 8 There were no Commission Disclosures F)00:38:24 Approval of Minutes F.1 Approve the Regular Meeting Minutes from: 02-12-24 City Commission Special Meeting 02-13-24 City Commission Meeting 02-27-24 City Commission Meeting 03-05-24 City Commission Meeting 02-12-24 City Commission Special Meeting Minutes.docx 02-13-24 City Commission Meeting Minutes.docx 02-27-24 City Commission Meeting Minutes.docx 03-05-24 City Commission Meeting Minutes.docx 00:37:53 Motion to approve the combined City Commission Minutes as submitted. Joey Morrison: Motion Christopher Coburn: 2nd 00:37:59 Vote on the Motion to approve the combined City Commission Minutes as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None G)00:38:28 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the City Manager to approve the Grant Agreement to Family Promise of Gallatin Valley Family Promise Grant Agreement 03.19.24.pdf Exhibit A - Family Promise Grant Proposal 03.19.24.pdf 15 Bozeman City Commission Meeting Minutes, March 19, 2024 Page 3 of 8 Family Promise Restrictive Covenants 03.19.24.pdf G.3 Authorize the Mayor to Sign a Certified Local Government Grant Agreement for 2024-2025 cycle with the Montana State Historic Preservation Office. MT-24-012_CLG_Bozeman.pdf G.4 Authorize City Manager to sign Amendment No. 1 to the Professional Services Agreement with DOWL, LLC for the Riverside Lift Station and Force Main Project Riverside Lift Station and Force Main Amendment No. 1.pdf G.5 Authorize City Manager to sign Amendment No. 1 to the Professional Services Agreement with HDR Engineering, Inc. for the Valley Center Lift Station and Force Main Project. Valley Center LS and FM Preliminary Design - Amendment No. 1 (East Valley Center Road Survey Work).pdf G.6 Authorize the City Manager to Sign a Task Order Two with Cushing Terrell for Design Services for the Whittier School Parking Lot Project CT URD Task Order 2.pdf G.7 Resolution 5583, Adoption of Designation of Subdivision Administrator for Administrative Minor Subdivisions Required per Title 76, Chapter 3, Section 609 Montana Code Annotated Amended by the 2023 Montana Legislature Resolution 5583 Director as Subdivision Reviewer 76-3-609 2-21-2024.pdf G.8 Resolution 5587, Authorizing the City Manager to Sign Prime Change Order 3 and Guaranteed Maximum Price Amendment 5 with Martel Construction, Inc. for the Construction of the Fire Station 2 Relocation Project Resolution 5587.pdf Prime Change Order #3.pdf Bozeman Fire Station #2 - Guaranteed Maximum Price Amendment No. 5.pdf G.9 Resolution 5590 relating to up to $2,280,000 in principal amount of general obligation bonds and up to $3,930,000 in principal amount of limited tax general obligation bonds and authorizing the issuance and public safe thereof, for the purpose of financing improvements to the Swim Center, Lindley Center, and Bogert Pool. Resolution 5590 Authorizing the Issuance and Public Safe of General Obligation Bonds-FINAL.docx ACM Winn Presented the Highlights of the Consent Agenda 00:40:23 Public Comment on Consent There was no Public Comment on Consent 16 Bozeman City Commission Meeting Minutes, March 19, 2024 Page 4 of 8 00:41:08 Motion to approve Consent Items G.1- G.9 as submitted. Christopher Coburn: Motion Douglas Fischer: 2nd 00:41:19 Vote on the Motion to approve Consent Items G.1-G. 9 as submitted The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None H)00:41:43 Consent II: Items Acted Upon Without Prior Unanimous Approval H.1 Ordinance 2148, Final 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 generally Located on the Southeast corner of Stucky Road and South 27th Avenue, Application 22090 22090 GC II Ordinance 2148.pdf 011 Gran Cielo II Zone Map Amendment Exhibit - 24x36.pdf 00:41:42 Motion to approve Consent II Item H.1 as submitted. Christopher Coburn: Motion Douglas Fischer: 2nd 00:41:49 Vote on the Motion to approve Consent II Item H.1 as submitted.The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison 17 Bozeman City Commission Meeting Minutes, March 19, 2024 Page 5 of 8 Christopher Coburn Douglas Fischer Disapprove: Jennifer Madgic I)00:42:10 Mayoral Proclamation I.1 Mayoral Proclamation for Anniversary of Cities for CEDAW Proclamation for Anniversary of Cities for CEDAW.pdf J)00:45:15 Public Comment 00:46:10 Rose Cain commented in opposition to the Guthrie Housing Project 00:49:42 Emily Talago commented on the Mid-Town Urban Renewal District 00:52:32 Michelle Osman commented in opposition to the Guthrie Housing Project 00:55:04 Sarah Montero commented in opposition to the Guthrie Housing Project K)00:59:07 Action Items K.1 Planned Development Zone, the MSU Innovation Campus Planned Development Zone Requesting a Sustainability/Resilient Design PDZ 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. The Property is generally located between West College and Garfield Streets and centered on Invention Drive. Application 23293 23293 MSUIC PPDZ Staff Report CC 3-19-2024.pdf ACM Winn introduced the Action Item 00:59:55 Staff Presentation Planner Tom Rogers presented the Action Item. MSUIC Planned Development Zone: Application 23293. Location of Property, Future Land Use Map of Site, Zoning of Site, Aerial View of Site, Possible Future General Development Plan of Site, Site Plan Notes, Relaxation Details, MCA 18 Bozeman City Commission Meeting Minutes, March 19, 2024 Page 6 of 8 Zoning Criteria of Evaluation, Planned Development Zone + General Plan Analysis, Public Notice, Public Comment, Recommendations. 01:13:04 Questions of Staff 01:27:07 Applicant Presentation 01:38:15 Questions of Applicant Mark Sharpe kicked off the Applicant Presentation. Rob Church with A&E Design gave the details. Introduction, MSUIC Planned Development Zone, Explanation of Applicants Requests for Relaxations. 02:00:14 Public Comment on K. 1 Action Item 02:00:27 Emily Talago commented positively on Tax Increment Financing 02:02:49 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 Zone Map Amendment, with contingencies required to complete the application processing. Christopher Coburn: Motion Jennifer Madgic: 2nd 02:03:50 Discussion 02:15:15 Vote on the 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 Zone Map Amendment, with contingencies required to complete the application processing.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn 19 Bozeman City Commission Meeting Minutes, March 19, 2024 Page 7 of 8 Douglas Fischer Disapprove: None 02:15:32 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt these 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. Douglas Fischer: Motion Jennifer Madgic: 2nd 02:15:58 Discussion 02:18:14 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt these 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.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None L)02:18:49 FYI / Discussion M)02:19:00 Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582- 2301). Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 20 Bozeman City Commission Meeting Minutes, March 19, 2024 Page 8 of 8 ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: March 26, 2024 21 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:March 26, 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 March 27, 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: March 13, 2024 22 Memorandum REPORT TO:City Commission FROM:Alex Nordquest, Forestry Division Manager Mitch Overton, Parks and Recreation Director SUBJECT:Authorize the City Manager to Sign an Memorandum Of Understanding Between the City of Bozeman and Gallatin Watershed Council for Branch Out Bozeman: Urban Forest Network MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to sign an MOU between the City of Bozeman and Gallatin Watershed Council for Branch Out Bozeman: Urban Forest Network. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:The City's Forestry Division began partnering with the Gallatin Watershed Council on tree planting projects in 2021. This quickly developed into annual volunteer events and the creation of Branch Out Bozeman: Urban Forest Network (B.O.B.). In an effort to provide a healthy and resilient urban forest for all community members, B.O.B. seeks to increase Bozeman's tree canopy to its full potential, and to develop tools that guide the community to strategically plant trees in priority areas. After receiving grant-funded technical assistance and tree canopy assessment, B.O.B. is now poised to develop a dedicated website, branding, and mapping tools to help realize the initiative's goals. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:$15,000 allocated to Tree Maintenance Fund in FY24; Ongoing funding requested in FY25-26 budget entry. Attachments: MOU - Gallatin Watershed Council and City of Bozeman.pdf Report compiled on: March 13, 2024 23 1 Memorandum of Understanding between City of Bozeman and Gallatin Watershed Council This memorandum of understanding (MOU) is made and entered into this 26th day of March, 2024 (“Effective Date”), between Gallatin Watershed Council (“GWC”), with a business address of 1128 East Main Street, Suite 1, Bozeman MT 59715, and the City of Bozeman (“City”), with a business address of 121 N. Rouse Ave., Bozeman, MT 59715, collectively referred to as the “Parties.” WHEREAS the City’s Forestry Division and GWC have been partners on tree planting projects since 2021, including annual volunteer events and the creation of Branch Out Bozeman: Urban Forest Network (“B.O.B.”); and WHEREAS, the City and GWC wish to foster an urban forest that promotes a healthy, resilient and equitable future for the watershed, wildlife, and people of the greater Bozeman area; and WHEREAS, the City and GWC recognize that a healthy urban forest provides an array of economic, environmental, climate, public health and social benefits; and WHEREAS, the City and GWC mutually value community engagement through volunteering and education to encourage active stewardship of the urban forest; and WHEREAS, this collaboration and the creation of B.O.B., supports goals and objectives in the Bozeman Strategic Plan 6., Sustainable Environment, the Climate Action Plan 6.P.2., Maintain and Expand the Urban Forest, and the Urban Forest Management Plan - Community Engagement. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Purpose. The City’s Forestry Division and the GWC have partnered to create the B.O.B. program, which will engage the greater Bozeman community to participate in the stewardship of an urban forest that enriches the health of people and nature throughout its lifecycle. The purpose of this MOU is to further define this partnership and clarify both party’s responsibilities. 2. City’s Responsibilities. a. The City will identify priority tree planting locations, in partnership with GWC staff. The City and GWC will work jointly to identify the most effective locations for annual tree planting events, considering input from relevant City 24 2 Departments, the Urban Parks & Forestry Board, Community Partners, and the latest tree canopy data. b. The City will assist with volunteer tree planting events. City Forestry Division staff will conduct utility locates, reserve & purchase materials, arrange delivery of materials to sites, and train volunteers for effective tree planting. c. The City will assist with volunteer tree planting maintenance. City Forestry Division staff will conduct weekly tree watering, visual health assessments, mulching, staking removal, and adding new trees to the citywide tree inventory system. d. The City will develop and maintain mapping tools. City GIS staff will facilitate storage and maintenance of tree canopy data; in addition to developing mapping tools and visuals for public education/outreach relating to B.O.B. e. The City will assist in the development of Education and Outreach materials. City Forestry Division staff will contribute to website and printed content to educate citizens on proper tree care for our urban forest. f. The City will provide ongoing support including continued integration of B.O.B. with relevant City Department goals and work plans. g. The City will prioritize ongoing funding to the B.O.B program both through the City Forestry Division and through grants to GWC. 3. GWC’s Responsibilities. a. GWC will coordinate the B.O.B. program including engaging community partners, facilitating ongoing planning meetings, conducting program administration, and fundraising. b. GWC will manage the B.O.B. community volunteer program. GWC will recruit, train, manage safety risks and liability waivers, and provide volunteer appreciation for community members that participate in the program. c. GWC will manage B.O.B. promotion, including developing and maintaining B.O.B. branding materials, the B.O.B. website, and promotional materials that communicate the goals of the program and how community members can engage. d. GWC will identify priority tree planting locations, in partnership with City staff. The City and GWC will work jointly to identify the most effective locations for annual tree planting events, considering input from relevant City Departments, the Urban Parks & Forestry Board, Community Partners, and the latest tree canopy data. e. GWC will organize volunteer tree planting event: GWC staff will plan and promote events, conduct utility locates, reserve & purchase materials, arrange delivery of materials to sites, and train volunteers for effective tree planting, in coordination with City Forestry Division staff. 25 3 f. GWC will organize volunteer tree planting maintenance. GWC staff will conduct weekly tree watering, visual health assessments, mulching, and staking removal, in coordination with City Forestry Division staff. g. GWC will develop and disseminate Education & Outreach and promotional materials. GWC will develop engaging educational materials for a variety of outreach formats in order to foster appreciation and awareness about our urban forest and encourage community members to steward it. GWC will promote the program broadly across the community to generate excitement and support. h. In the event City funds are allocated to GWC, GWC agrees to develop and/or provide documentation as requested by the City demonstrating GWC’s compliance with the requirements of this Agreement or related grant agreements. 4. Compliance with Professional Services Agreement: The Parties agree that any work done in furtherance of this Agreement will comply with the City’s standard Professional Services Agreement including compliance with nondiscrimination and equal pay employment practices. 5. Representatives: For the purposes of this MOU and collaboration between the City and GWC, the City’s representatives to this Agreement shall be Alex Norquest, Forestry Division Manager or other such individual as the City may designate in writing. GWC’s representative to this Agreement shall be Holly Hill, Executive Director, or other such individual as GWC may designate in writing. 6. Term and Effective Date. This MOU is effective this 26th day of March, 2024. It will expire five (5) years from the Effective Date. Both parties may elect to mutually reestablish partnership terms if agreed upon in writing prior to the termination date of this Agreement. Either party may terminate this MOU upon 30 days written notice without penalties or liabilities. 7. 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 26 4 By:_______________________ Date:__________________ City of Bozeman By:_______________________ Date:__________________ Gallatin Watershed Council 27 Memorandum REPORT TO:City Commission FROM:Renee Boundy, Treatment Court Coordinator J Colleen Herrington, Municipal Court Judge SUBJECT:Authorize the City Manager to Sign a Software as a Service Agreement with Datagain, Inc MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the Acting City Manager to sign a Software as a Service Agreement with Datagain, Inc. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:Datagain, Inc. supplies the Data Information Management System (DIMS) that the Municipal Court will use to track participant's progress through the two treatment courts, Bozeman VETS Court and BRIDGERS DUI Court. It tracks participants progress in the program from referral to either termination from or graduation from the program as well as an aftercare module to track post graduation progress. It provides data on a number of metrics that the two court leadership teams use to track the effectiveness of the courts. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:This software is in both courts' current budgets. The BRIDGERS DUI Court portion is currently grant funded. Attachments: Datagain Inc. SaaS Agreement with Exhibits.pdf Report compiled on: March 14, 2024 28 Software as a Service Agreement This Software as a Service Agreement (“Agreement”), is made and entered into this 26th day of March, 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, DATAGAIN, INC, with a mailing address of 1 Creekside Court, Secaucus, NJ 07094, hereinafter referred to as “Provider.” The City and Provider 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.Definitions.a.“Aggregated Statistics” means data and information related to the City's useof the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. b.“Authorized User” means the City's employees, consultants, contractors,and agents (i) who are authorized by the City to access and use the Services under the rights granted to the City pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. c.“Confidential Information” means, subject to Montana’s Open RecordsLaw, all written or oral information, disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. With respect to the City, Confidential Information must also include any and all information transmitted to or stored by Provider in connection with performance of its obligations under this Agreement, including, but not limited to, personally identifiable information (“PII”) of residents, employees or people included within the City’s data, including name, address, phone number, e-mail address, date of birth, social security number, patient records, credit card information, driver’s license number, account numbers, PINs and/or passwords, any other information that could reasonably identify a person, and products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, and whether or not marked, designated, or otherwise identified as “confidential.” Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or 29 - page 2 of 16 - (d) independently developed by the receiving Party without reference to or use of the disclosing Party’s Confidential Information. d. “City's Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of the City or an Authorized User through the Services, including, without limitation, the City's meter data and other energy data related to the City's facilities located in the State of Montana. This information, data, and content may also include that which is considered Confidential Information. e. “Data Incident” means a breach of the City or the Provider’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the City’s Data through the Services licensed to the City by the Provider. f. “Documentation” means Provider’s user manuals, handbooks, and guides relating to the Services provided by Provider to the City either electronically or in hard copy form/end user documentation relating to the Services. g. “Intellectual Property Rights” or “IP Rights” means any and all rights that may exist under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, whether or not such rights are registered or perfected. h. “Provider IP” means the Services, the Documentation, and any and all intellectual property provided to the City or any Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider’s monitoring of the City's access to or use of the Services, but does not include the City's Data. i. “Services” means the on premise software-as-a-service license described in the Scope of Services. See attached Exhibit A. 2. Purpose. City agrees to enter into this Agreement with Provider to perform for the City the Services described in the Scope of Services, incorporated into this Agreement and attached as Exhibit A. 3. Term and Termination. a. Term. The initial term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to this Agreement’s express provisions, will continue in effect for 12 months from such date (the “Initial Term”). This Agreement will automatically renew for additional successive one (1) year terms unless earlier terminated pursuant to this Agreement’s express provisions. The Parties may extend this Agreement for three (3) additional one (1) year terms. b. Notice of Non-Renewal. A Party to this Agreement gives the other Party written notice of non-renewal at least thirty (30) days prior to the expiration of the then- 30 - page 3 of 16 - current term (each a “Renewal Term” and together with the Initial Term, the “Term”). c. Termination. i. Provider may terminate this Agreement, effective on written notice to the City if the City: 1) fails to pay any amount when due hereunder, and such failure continues more than sixty (60) days after Provider’s delivery of written notice thereof; or 2) breaches any of its obligations under Paragraph 6 of this Agreement ii. Any Party to this Agreement may terminate their obligations under this Agreement, effective on written notice to the other Parties, if another Party materially breaches this Agreement, and such breach: 1) is incapable of cure; or 2) being capable of cure, remains uncured sixty (60) days after the non-breaching Party provides the breaching Party with written notice of such breach; or iii. Any Party to this Agreement may terminate this Agreement, effective immediately upon written notice to the other Parties, if the other Party: 1) becomes insolvent or is generally unable to pay or fails to pay its debts as they become due; 2) files or has filed against it a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; 3) makes or seeks to make a general assignment for the benefit of its creditors; or 4) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. d. Expiration. Provider must notify the City 90 days in advance of this Agreement’s expiration date. e. Effect of Expiration or Termination. No expiration or termination will affect the City's obligation to pay all Fees that may have become due before such expiration or termination or entitle the City to any refund. 4. Scope of Services. Provider must perform the work and provide the services in accordance with the requirements of the Scope of Services attached and incorporated into this agreement as Exhibit A. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, this Agreement governs. Provider agrees to be bound by its responses to the City’s Cloud Questionnaires, incorporated into and attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Provider’s performance. The cost for the work performed can be found in the Quote incorporated and attached to this agreement as Exhibit C. 31 -page 4 of 16 - 5.Access and Use. a.Provision of Access to Services. Subject to and conditioned on the City'spayment of fees and compliance with the terms and conditions of this Agreement, Provider grants the City a non-exclusive, non-transferable license to the Services during the Term. This license to the Services is solely for use by the City and its Authorized Users and must be accessed and used in accordance with the terms and conditions set forth in this Agreement. Unless otherwise agreed upon and detailed in the Scope of Services, such access and use is limited to the City's internal use. If applicable, Provider must provide to the City the necessary passwords and network links or connections to allow the City to access the Services. b. Documentation License. Subject to the terms and conditions contained in this Agreement, Provider grants to the City a non-exclusive, non-sublicensable, non-transferable license to use the Documentation during the Term solely for the City's internal business purposes in connection with its use of the Services. c.Designated Authorized Users. The City may designate the number of Authorized Users permitted to access the Services. d.Reservation of Rights. Provider reserves all rights not expressly granted tothe City in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to the City or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP. e.Suspension. Notwithstanding anything to the contrary in this Agreement,Provider may temporarily suspend the City's and any Authorized User’s access to any portion or all of the Services if: i.Provider reasonably determines 1) there is a threat or attack on any of the Provider IP; 2) the City's or any Authorized User’s use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other Customeror vendor of Provider; 3) the City, or any Authorized User, are using theProvider IP for fraudulent or illegal activities; or 4) Provider’s provision ofthe Services to the City or any Authorized User is prohibited by applicable law; ii.any vendor of Provider has suspended or terminated Provider’s access to oruse of any third-party services or products required to enable the City toaccess the Services; oriii.in accordance with Section 5(a)(iii) (any such suspension described in sub- section (i), (ii), or (iii), a “Service Suspension”). Provider must use commercially reasonable efforts to provide written notice within five (5) business days prior to any planned Service Suspension to the City and provide updates regarding resumption of Services following any Service Suspension. Provider must use 32 - page 5 of 16 - commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Provider may be subject to liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that the City or any Authorized User may incur as a result of a Service Suspension. f. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor the City's use of the Services, and collect and compile Aggregated Statistics. As between Provider and the City, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. The City acknowledges that Provider may compile Aggregated Statistics based on the City's Data input into the Services. The City agrees that Provider may: 1) make Aggregated Statistics publicly available in compliance with applicable law, and 2) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify the City or the City's Confidential Information. 6. The City's Responsibilities. a. The City is responsible for all uses of the Services and Documentation resulting from access provided by the City, directly or indirectly. The City must use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services, and must cause Authorized Users to comply with such provisions. b. Unless otherwise agreed, the City is responsible for creating and modifying its data into the Services, and keeping the City’s data into the Services current and accurate. c. The City must reasonably cooperate with Provider’s performance of Professional Services. The City recognizes and agrees that performance of Professional Services is contingent upon the City’s cooperation and as set forth in Paragraph 7. d. The City may test the Provider’s Services in a live production environment to ensure that it conforms to the specifications set forth in this Agreement and all Exhibits. Upon acceptance, the City must pay the Provider in accordance with the Scope of Services. See attached Exhibit A. If the City determines that the Services do not meet the specifications set forth in this Agreement and all Exhibits, upon 60 days of receiving written notice of such deficiencies, the City may terminate this Agreement if the Provider does not cure the deficiencies. Provider must refund the City all sums already paid within five (5) business days. Such termination and refund does not bar the City from pursuing other remedies available under the Agreement or law. 7. Provider’s Obligations. To induce the City to enter into this Agreement, Provider makes the following representations: a. Provider has familiarized itself with the nature and extent of this Agreement, all exhibits including but not limited to the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and 33 - page 6 of 16 - regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Provider represents and warrants to the 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 must 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. c. Provider must ensure the Services delivered under this Agreement are adequately secure, and must provide a secure environment for all of the City’s Confidential Information, which may include, but is not limited to any hardware and software (including servers, network and data components) to be provided or used by the Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and at all times will remain in compliance with all applicable laws and regulations governing Provider’s access to, use of, and handling of the City’s Data. d. If Provider creates a new version of the Services, it must make the new version available to the City at no additional cost. Provider must also provide the City with any additional features or functionalities of the Services that it may develop at no additional cost to the City. 8. Security. Provider must provide a secure environment for all of the City’s Confidential Information and any hardware and Software (including servers, network and data components) to be provided or used by Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and will at all times remain in agreement with the industry’s minimum standards. Provider’s failure to comply with the industry’s minimum standards in fulfilling its obligations under this Agreement constitutes a breach of this Agreement. Additionally, Provider must contractually require any subcontractors or agents with access to the City’s Confidential Information to adhere to such Security Best Practices. 9. Indemnity/Waiver of Claims/Insurance. For other than professional services rendered, to the fullest extent permitted by law, Provider 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 34 - page 7 of 16 - 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 Provider; or (ii) any negligent, reckless, or intentional misconduct of any of the Provider’s agents. For the professional services rendered, to the fullest extent permitted by law, Provider 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 Provider or Provider’s agents or employees. Such obligations must 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). Provider’s indemnity under this Section must 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 Provider to assert its right to defense or indemnification under this Agreement or under the Provider’s applicable insurance policies required below, the City must 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 Provider 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. Provider also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations must survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Provider must at Provider’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 Provider in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by the Provider in this Section. The insurance must 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. Provider must furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: 35 - page 8 of 16 - • 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; • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and • Cyber Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate. The above amounts must be exclusive of defense costs. The City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, Automobile Liability, and Cyber Liability policies. The insurance and required endorsements must be in a form suitable to City and must include no less than a thirty (30) day notice of cancellation or non-renewal. Provider must notify City within two (2) business days of Provider’s receipt of notice that any required insurance coverage will be terminated or Provider’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Provider commencing work. 10. Audit Right. Provider must retain a certified public accounting firm to perform an annual audit of the Services’ data protection features and to provide a SOC 2 Type II report, pursuant to the current standards of the American Institute of Certified Public Accountants. In addition, Provider must annually conduct its own internal security audit and address security gaps. Provider must give the City a copy of the most current report from each audit conducted within five (5) business days of receiving the report. If requested by the City, Provider must, on a bi-annual basis, permit security reviews by the City on those systems storing or processing City Data, on Provider policies and procedures relating to the foregoing, including without limitation its information security programs, and permit testing of all security processes and procedures during the term, including without limitation, penetration testing. Provider or its nominee (including its accountants and auditors) may, on reasonable request, inspect and audit the City's use of the Services under this Agreement at any time during the Term. The City must make available all books, records, equipment, information, and personnel, and provide all such cooperation and assistance, as may reasonably be requested by or on behalf of Provider with respect to such audit. 11. General Use Restrictions. Copies of the Services created or transferred pursuant to this Agreement are licensed and may only be used as set forth in this Agreement. The City does not receive any rights to the Services other than those specifically granted in this Agreement and its incorporated exhibits. Other than what is expressly permitted by the terms of this Agreement, the City and its authorized users must not directly or indirectly copy or reproduce all or any part of the Services, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization, without Provider’s prior written permission. However, notwithstanding this restriction, the City has the right to reproduce and 36 - page 9 of 16 - distribute any of the Services generated from the City’s Data. Without limiting the above restriction and right, the City receives no right to and must not: a. copy, modify, create derivative works from, distribute, publicly display, or publicly perform the Application; b. sublicense or otherwise transfer any of the rights granted to it in this Agreement and the Scope of Services; c. reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Application; d. remove any proprietary notices from the Services or Documentation; or e. use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. 12. Independent Contractor Status/Labor Relations. The Parties agree that Provider is an independent contractor for purposes of this Agreement and is not considered a City employee for any purpose. Provider 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. Provider is not authorized to represent the City or otherwise bind the City in any dealings between Provider and any third parties. 13. Resources and Support. Provider must, throughout the Term, make available such resources, including Provider personnel, as are reasonably required to: a. train designated employee(s) of the City in the use of the Services; b. support the obligations of the City provided in Paragraph 6; c. develop modifications to the Services as agreed to by the Parties in any exhibit attached to this Agreement; and d. Provider must provide technical support to the City as described in Exhibit A, Scope of Services, for the duration of this Agreement. 14. Transition Assistance. The Provider must provide transition assistance to the City when requested in writing. Upon termination of this Agreement for any reason, including but not limited to termination for cause, the Provider must assist the City in the orderly transition to a new Provider. The City must have access to the Provider’s system and the Provider’s support of that system for up to one (1) year following termination. In this instance, for up to one (1) year following termination, the City must pay the Provider at its then-current hourly rate(s). The Provider grants the City a perpetual right to use the Application and Object Code if any one of the following occurs: (a) Provider’s insolvency, bankruptcy, or involvement in an involuntary proceeding for protection of its creditors; (b) Provider materially breaches this Agreement and the City terminates the Agreement; (c) Provider fails to continue development of the Services; (d) Provider fails to provide the City with the most recent version of the Services contained in the Application; or (e) any other circumstance whereby Provider can no longer satisfy its obligation to provide Services to the State under this Agreement. 37 - page 10 of 16 - 15. Limitation of Liability. The Provider's liability for contract damages is limited to direct damages. The Provider must not be liable for special, incidental, consequential, punitive, or indirect damages. Damages caused by injury to persons or tangible property, or arising from any Provider indemnification under this Agreement, are not subject to a cap on the amount of damages. 16. Fees and Payment. Fees. The City must pay Provider the fees and make all payments as set forth in the Scope of Services, without offset or deduction. See attached Exhibit A. Any alteration or deviation from the described Services that involves additional costs above the Agreement amount will be performed by Provider only upon receiving a written request from the City. Any alteration or deviation from the Services will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing before Provider bills for any additional charges. All Fees and other amounts payable by the City under this Agreement are exclusive of taxes and similar assessments. The City is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by the City as set forth in this Agreement, other than any taxes imposed on Provider’s income. 17. Confidential Information. a. From time to time during the Term, a Party to this Agreement may disclose or make available to the other Party Confidential Information, as defined in Section 1 of this Agreement, about its business affairs. The receiving Party must not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s Authorized Users who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations established in this Agreement. b. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required: i. in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order must first have given written notice to the other Party; ii. to establish a Party’s rights under this Agreement, including to make required court filings; or iii. to any Authorized User who may need to access Confidential Information in order to facilitate or execute the purpose of this Agreement. 38 - page 11 of 16 - c. Unless otherwise required by law, each Party must not disclose Confidential Information to any other third party not otherwise identified in this agreement without the other Party’s prior written consent. Each Party’s obligations of non- disclosure with regard to Confidential Information are effective as of the Effective Date, and survive this Agreement and do not terminate. However, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. d. Each Party must protect Confidential Information with the same degree of care it uses to protect its own Confidential Information with of similar nature and importance, but with no less than reasonable care. Each Party agrees to promptly notify the other Party if there is a misuse or misappropriation of Confidential Information. 18. Intellectual Property Ownership; Feedback. a. Provider IP. The City acknowledges that, as between the City and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP. b. The City's Data. Provider acknowledges that, as between Provider and the City, the City owns all right, title, and interest, including all intellectual property rights, in and to the City's Data. The City grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the City's Data and perform all acts with respect to the City's Data as may be necessary for Provider to provide the Services to the City. The City also grants to Provider a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display the City's Data incorporated within the Aggregated Statistics. Unless the City provides written consent, Provider must not access or use the City’s Data for any other purpose than as described in this Agreement. c. Feedback. If the City or any of its Authorized Users sends or transmits any communications or materials to Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or related functionality, or any comments, questions, suggestions, or the like (“Feedback”), Provider may use the City’s Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. The City retains all right, title, and interest in the Feedback. 19. Data Location. Provider must not transfer the City’s Data outside of United States or the Provider’s location as identified in the first paragraph of this Agreement unless it receives the City’s prior written consent or unless the transfer is to the Provider’s data center and such transfer is necessary for the execution of the Services. 39 - page 12 of 16 - 20. Access to Data. The City may access and copy any of the City’s Data in Provider’s possession at any time. Provider must reasonably facilitate such access and copying promptly after Customer’s request. In this instance, Provider may charge its reasonable standard fees for any such access and copying or for any fees related to the de-conversion of data. 21. Deletion of Data. Except as authorized by applicable law, Provider must not erase the City’s Data or any copy without the City’s prior written consent. 22. Data Incidents. Provider must implement and maintain a program for managing unauthorized disclosure of, access to, or use of the City’s Data. In case of a Data Incident, Provider must notify the City, in writing or by phone, within 48-hours of the incident. Provider must cooperate with the City and law enforcement agencies to investigate and resolve the Data Incident, including but not limited to providing reasonable assistance to the City in notifying injured third parties. In addition, if the Data Incident results from Provider’s breach of this Agreement or negligent or unauthorized act or omission, Provider must compensate the City for any reasonable expense related to notification of customers and provide one year of credit monitoring to any affected individual. Provider must give the City prompt access to such records related to a Data Incident. 23. Functional Warranty. Provider warrants that the Application and Services, including any modifications that are made by Provider or under Provider’s instructions do not contain any material defects, and will conform in all material respects to the specifications, functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the Documentation, which are all incorporated herein by reference. Provider further warrants that all post-Acceptance updates, alterations, or modifications to the Services will not materially diminish the features or functionality of the Application and Services. Provider must promptly correct any errors identified by the City in the Application and in any modification to the Application at no cost to the City. If, Provider is unable to correct such errors within 30 days following notification by the City, then Provider must at the City’s request accept return of the Application and return all money paid for the Application and maintenance. The City may also pursue any other remedies available to it under this Agreement or by law or equity. 24. Virus Warranty. Provider warrants that it has used commercially reasonable efforts to ensure against introduction of any virus into the City’s systems. Provider must immediately advise the City, in writing, upon reasonable suspicion or actual knowledge that the Services may contain a Virus. If a Virus is found to have been introduced into the City’s systems by the Services within 30 days after the Effective Date of this Agreement, Provider must repair or replace the Services within ten (10) business days. If Provider cannot accomplish the foregoing within such time, then the City must discontinue use of the Services, and Provider must refund all money paid for the Services and maintenance as set forth in the Scope of Services. See Exhibit A. Provider must use all reasonable commercial efforts, at no additional charge, to assist the City in reducing the effects of the Virus and, if the Virus causes a loss of operational efficiency or loss of data, to assist the City to the same extent to mitigate and restore such losses. In addition, Provider must indemnify, defend and hold the City harmless from any claims, suits, damages, liabilities, losses, and reasonable attorney fees resulting from any such Viruses. The limitation of liability described in Paragraph 15 does not apply to this indemnification obligation. 40 - page 13 of 16 - 25. Remedy for When Services are Subject of a Claim. If any Services furnished are likely to or does become the subject of a claim of infringement of a third party’s IP Rights, then the Provider may request the City accept an alternative Service and the City may agree to one of the following alternative Services: 1) procure for the City the right to continue using the alleged infringing Services; 2) modify the Service so that it becomes non-infringing; 3) or replace it with one that is at least functionally equivalent. If the Provider is unable to any of the above three remedies, or if the use of the Services by the City is prohibited by an injunction, temporary restraining order, or other court order, the City must return the Services to the Provider within five (5) days of receiving Provider’s request in writing. The Provider must then give the City a credit equal to the amount paid to the Provider for the creation of the Services. The City is not precluded from seeking other remedies available agreed upon in this Agreement or in equity or law for any damages it may sustain due to its inability to continue using the Services. The Limitations of Liability set forth in Paragraph 15 of this Agreement does not apply to Provider’s obligations under this Section and the City’s right to seek additional remedies arising from Provider’s ‘infringement of a third party’s IP Rights. 26. Representatives and Notices. a. City’s Representative. The City’s Representative for the purpose of this Agreement must be D. Renee Boundy or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to the City’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Provider 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. Provider’s Representative. The Provider’s Representative for the purpose of this Agreement must be Vivek Jha or such other individual as Provider must designate in writing. Whenever direction to or communication with Provider is required by this Agreement, such direction or communication must be directed to Provider’s Representative; provided, however, that in exigent circumstances when Provider’s Representative is not available, City may direct its direction or communication to other designated Provider personnel or agents. c. Notices. All notices required by this Agreement must be in writing and must be provided to the Representatives named in this Section. Notices must 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. 27. Miscellaneous. 41 - page 14 of 16 - a. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Exhibits, including the Cloud Services Questions, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: 1) this Agreement, excluding its Exhibits; 2) the Exhibits to this Agreement as of the Effective Date; and 3) any other documents incorporated herein by reference. b. Permits. Provider must 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. c. Laws and Regulations. Provider must 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. d. Nondiscrimination and Equal Pay. Provider agrees that all hiring by Provider of persons performing this Agreement must be on the basis of merit and qualifications. Provider will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Provider 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. Provider must 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. Provider 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). Provider must report to the City any violations of the Montana Equal Pay Act that Provider has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. 42 - page 15 of 16 - Provider must require these nondiscrimination terms of its subcontractors providing services under this Agreement. e. Force Majeure. In no event must a Party to this Agreement be liable to another Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond one Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. f. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training. Provider must 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. Provider acknowledges it is aware of and must 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. The City must have the right to request proof of such compliance and Provider must be obligated to furnish such proof. The Provider must be responsible for instructing and training the Provider’s employees and agents in proper and specified work methods and procedures. The Provider must provide continuous inspection and supervision of the work performed. The Provider is responsible for instructing its employees and agents in safe work practices. g. Modification and Assignability. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Provider may not subcontract or assign Provider’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. h. Reports/Accountability/Public Information. Provider agrees to develop and/or provide documentation as requested by the City demonstrating Provider’s compliance with the requirements of this Agreement. Provider must 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 Provider pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Provider must not issue any statements, releases or information for public dissemination without prior approval of the City. i. 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 43 - page 16 of 16 - to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. j. 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 must 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. k. Taxes. Provider is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. l. Dispute Resolution. i. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must 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. ii. 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. m. Survival. Provider’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. n. 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. o. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof must continue in effect. p. Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. q. Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. r. 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. s. 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 44 - page 17 of 16 - 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. t. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. u. 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 as of the Effective Date. DATAGAIN, INC. City of Bozeman By:_______________________________ Name: Vivek Jha Title: Managing Director_____ By:_______________________________ Name: ___Chuck Winn________ Title: ____Acting City Manager_____ 45 Exhibit A Scope of Work for Problem Solving Courts Data Management System DATAGAIN, INC. 46 MARCH 6TH, 2024 BOZEMAN TREATMENT COURT PROBLEM-SOLVING COURTS MANAGEMENT INFORMATION SYSTEM JIM NORTHWAY DATAGAIN INC. 1 CREEKSIDE COURT, SECAUCUS, NJ 07094 47 1 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 Table of Contents Agreement 3 Task Order Title 3 Introduction 3 Objectives 3 Business Objectives 4 Technical Objectives 4 Service Objectives 4 Security Objectives 4 Migration Objectives 4 Integration Objectives 4 Scope 4 Business process and Workflows 4 Data Collected – User Information 5 Reporting capabilities 7 Technical Assistance and Support 7 SLA 7 Escalation Path 7 Sustainability of Organization and Proposed System 7 Emergency Line 8 Error Correction Process 8 Client Feedback 8 Training 8 Deliverables 10 Major Milestones 10 Invoice Schedule 11 Acceptance Criteria 12 Assumptions 11 Methods to Protect Confidential Information 11 PII Data Encryption 11 Interface Security 12 Authentication 12 Logging and Auditing 12 Security Monitoring 12 Assessments 13 Change Management 13 Implementation of continuous changes 14 Points of Contact 14 48 2 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 Signature Page 15 49 3 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 Agreement Bozeman Treatment Court, and Datagain Services, Inc. (“Supplier”) are hereby incorporated into and made an integral part of the Contract (“Contract”) mutually agree to the terms of this contract. Task Order Title Continuation use of the DIMS Specialty Docket Data Management System (DMS) in the Bozeman VETS Court and implementation of the DIMS Specialty Docket Data Management System (DMS) for BRIDGERS DUI Court for The City of Bozeman. This includes Installation, licensing, support, and ongoing improvements to the DMS for the entire length of the contract. Introduction Bozeman Treatment Courts is looking to implement a multi-disciplinary MIS platform that achieves the following major objectives: 1. A comprehensive and easy-to-use case management system for problem-solving courts. 2. Meet the standards of data collection, evaluation, and reporting set up by the Bozeman Treatment Courts, All Rise, and the 10 key components. 3. Provide one-click reporting for the courts. We understand that the courts are trying to do as much as they can with the few resources that they have. They need the ability to conduct assessments, easily enter participant data in minutes while meeting the standards, monitor participant treatment, monitor phases, sanctions & incentives, ancillary services, community service, and employment. The staff should be able to track demographics, education, tasks, and substance use testing results, receive alerts, run staffing reports, and review data that is actionable. As problem-solving courts continue to evolve, new standards of care are developed and should be incorporated. It is critical for any case management system to constantly evaluate processes, make improvements, and add components to measure performance outcomes. The case management system designed by Datagain to manage data for accountability courts is called DIMS. DIMS is a customizable off-the-shelf data management system for problem-solving courts that accomplishes all the above and more. The DIMS case management is also supplemented with the Recovery Management System and the Medication Assisted Treatment module. They help support recovery during court and post-graduation. The DIMS analytics powered by business intelligence tools enables the court staff and coordinator to analyze the court performance during any selected period. Over 200 data points form the base of performance measures reports that the DIMS system provides to all its courts. Performance measure data is collected at admission and discharge for every participant. This data is then made available for every participant in a CSV file. Objectives The objective of the SOW is to define the implementation of the DMS across the designated programs of Bozeman Treatment Courts. In this document, Datagain has outlined objectives that the proposed SAAS solution will achieve, including business, technical, security, management/administrative, migration, and integration objectives. 50 4 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 Business Objectives Implementation of the DMS across all problem-solving courts. Increase the ability of the courts to: 1. Track data points as defined in the standards. 2. Measure court(s) performance. 3. Understand the implementation of the policies, procedures, and best practices. 4. Standardize operations. 5. Report the effectiveness of problem-solving courts. The goal is to also help the courts staff to: 1. Collect and measure participant data. 2. Understand their participants better. 3. Track important data points as required by the standards. 4. Collaborate. 5. Communicate with the participant. Technical Objectives Provide a DMS that is secure, reliable, available, and accessible across multiple browsers 24/7. Training all staff members to understand the operations of the DIMS DMS. Service Objectives Provide 99.99% availability with redundancy, resiliency, and contingency capabilities. Security Objectives To provide secure role-based access to the DMS for all authorized users. Maintain secure IT infrastructure that enables authorized operations for the lifetime of the contract. Integration Objectives Provide integration with 3rd parties as defined in the contract, thus preventing duplicate data entry across various providers such as treatment and drug testing providers. Scope Business Process and Workflows The business workflow of the DIMS case management system is divided into two sections • Setup o Setup staff members and their respective roles and permissions o Setup Agencies Treatment providers MAT Providers Ancillary 51 5 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 o Set up reporting profiles for staffing reports and docket reports. o Set up phases and the respective phase goals that must be achieved to phase up. o Arm participants with the app that will enable the staff to send ▪ Positive affirmations ▪ Alerts ▪ Check-ins with geotagging and document upload features. ● Process participants o Screening – Screen all participants and induct them into the program o Case Planning o Setup weekly visits to court o Between court dates ▪ Add ancillary services ▪ Sanctions, Incentives, and Therapeutic Responses ▪ Fees and payments ▪ Journal notes, staff notes ▪ Record any phone calls or interactions with the client. ▪ Staff members and treatment providers enter notes of their interactions with the staff ▪ Assign tasks ▪ Send affirmations ▪ Request check-ins o Print out the docket report and send it out to the staff members. This enables them to be prepared for the court date. o Send out the staffing report that details the events and experiences of the participants since the last time they were in court. o Phase up clients as they move ahead in the program o Discharge participants. Data Collected – User Information ● Screening and Induction o Name and basic details o Basic demographic data o Admission Type o Offer related to court participation o Referral source data o Case information o Criminal history information including offense history o Probation history o Current living arrangement and wages 52 6 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 o Income sources o Military history o Drivers and Case numbers o Insurance status and insurance-related details. o Medical information and medication history o Mental information and mental history o Substance abuse history includes primary, secondary, and tertiary choices of drug use and the frequency of use. o Assessments o Employment history o Education History o Children o Concerned personnel o Address o Document management – any documents related to the participant o Any assistance and benefits received. o Teams on the case – Attorneys, Social workers, etc. ● During the Program o Ancillary Services received o Community Service o Criminal profile information o Employment information o Incentives and Sanctions o Affirmations and tasks assigned o Journal and staff notes o Any interactions with the client via email/phone calls o Treatment provider interactions. o Probation officer interactions o In program assessments o Substance Abuse Testing data o Treatment data o Phase review and phase goals with the ability to promote and demote participants. o Tasks o Therapeutic Responses ● At discharge o Discharge reason o Offer related to court participation o Employment at discharge o Education level achieved at discharge o Regaining driver's license. o Supervision status at discharge o Custody status at discharge. o The number of healthy and unhealthy babies born at discharge o Child support payments o Pregnancy status o Community services hours assigned, completed, and pending o Enrolled in veterans services. 53 7 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 o Jail days served. o In program arrests and convictions o Living arrangement o Psychiatric diagnosis o Medications prescribed o Receiving benefits at discharge o Receiving court services at discharge o Fees and fines collected o Child support payments o Sobriety measures Reporting capabilities The DIMS platform provides analytics at participant and court levels. The raw data can be exported and shared with partnering research organizations. Technical Assistance and Support SLA We offer a structured procedure for any technical support-related issues that are escalated past the point of our Technical Support Specialist’s capabilities. Priority level 1 Complete loss of all service of the Product and the situation is an emergency. ● Acknowledgment within 1 hour. ● Workaround within 1 working day of notification of the problem, with a permanent solution within an agreed timeframe. Priority level 2 Severe loss of service of the Product, however, the operation can continue in a restricted fashion. ● Acknowledgment within 2-3 hours. ● Workaround within 3 working days. Priority level 3 A minor loss of service of the Product, the impact is an inconvenience. ● Acknowledge within 1 working day ● Remedy within one week. Priority level 4 No loss of service of the Product; the result is a minor error, incorrect behavior, or documentation. ● Acknowledge within 1 working day ● The remedy in the next release cycle 24 HR telephone, Email, and support via the ticket system are available for all priority levels. 24-hour/48-hour on-site support is available on request for Priority Levels 1 & 2. The cost for the same has been shared in the price sheet. Escalation Path DMS performance, implementation, and data transmission issues follow the SLA priority levels. TECHNICAL SUPPORT 54 8 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 Technical support shall be provided by telephone, email, and via the Vendor’s website. Technical support is available Monday to Friday (except on public holidays) between the hours of 8:00 am–9:00 pm EST or as requested by the client. ● Telephone: Your users can contact the Datagain Technical Support Team directly during regular and extended support hours. This number is first directed to your dedicated Support Specialist, and then to an alternate team member if they are not available. ● Email Support: Submitting support inquiries via email to your dedicated Support Specialist is a great way to outline more complex support issues that may need a Development or Design Ticket for the specific request. Sustainability of Organization and Proposed System Datagain and its three main divisions coordinate to ensure that common hosting, 3rd party functionalities such as email, text, and phone capabilities are shared between the divisions. This ensures the monitoring and upkeep of all interfaces. Emergency Line Datagain provides an emergency line that is open 24x7. This allows for staff to reach us 24x7 in case of an emergency. The emergency line number will be provided during training. Error Correction Process All error corrections, regardless of nature, are classified into the DIMS ticketing system. The Quality Assurance procedure is followed in all Error Correction Processes. Bug Fixes: These are minor issues that do not hamper any major workflow but are required to ease the use of the DMS. Documentation including resolution steps is mentioned in the ticket created. Bug fixes are updated on the production server every week. The support staff will notify the completion of the bug fix by closing the ticket. The ticket will inform the user of the same via an automated email. Patches: These are issues that impact any workflow preventing the user from moving forward or completing the task. These bug fixes are implemented immediately. The support staff will conduct a demo for the User Staff after the patch has been implemented and then manually notify them once the patch has been applied. Upgrades: Performance issues impacting the DIMS DMS. These may be related to business logic, general coding, or database performance improvements. Upgrades are performed once every two months. These upgrades require the approval of the development team and the server team including penetration tests. Upgrades do not affect any business logic or workflow and hence cannot be demonstrated to the client. The communication team will send out a notice of performance upgrades 2 weeks before the upgrade itself. New Versions/New Release: DIMS DMS is divided up into workflow and features. New Versions are released that typically include User Interface changes and upgrades to workflows. These are intended to make data entry more efficient. New versions involve a scope, UI wireframing, and approvals of the same from the user staff. Sample studies and demonstrations may be conducted for the new UI design. Only after the design is approved by the team does it move into development and QA. After the QA process, the new version is moved to the test environment. Court staff will have access to the test environment where they will review the change and provide their feedback and approval. Once approved, the communication team will announce a release date. A change log website is maintained that notifies users of the changes involved in any bug fix, patch, upgrade, or new version. 55 9 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 Client Feedback Datagain will hold periodic (weekly) ongoing meetings with the Bozeman Treatment Courts post-implementation. This meeting will include the project head from both parties. This ensures that ongoing court requests, improvements, and enhancements are discussed, evaluated, and queued for implementation. We encourage the circuit to reach out to references and inquire about our post-implementation support. Training All training will be conducted online via Zoom or Google Meet. There are four kinds of training conducted: ● Onboarding training: When a new court(s) comes on board, training is conducted in three (3) phases o Setting up the court DMS o Training the court coordinator and the judge o Training other staff members ● Continuous training: Datagain provides ongoing training on various topics every Mon-Wed-Fri weekly. These cover a wide array of topics. All staff members are encouraged to attend when they need to ask questions about certain workflows. There is no additional cost of continuous training. ● New staff training: Datagain monitors new staff that is joining the court program midway. Our training team will reach out to them individually and set up training based on their role and permission level in the court. There is no additional cost. ● Training based on DMS Utilization: The training team will evaluate the utilization of the DMS by the court staff across 10 workflows. Our reporting system will indicate what features and functionalities are being underutilized or not being utilized as per the standards. The training team will reach out and conduct additional training sessions. This is done every few weeks. This report is also shared with the circuit on request. On-Demand Training Court staff can request training at any point during the program using the DIMS ticketing system. This ensures that any new staff members receive the same level of training. There is no additional cost for On-Demand Training. Train the Trainer Datagain has implemented the “Train the Trainer” process successfully in New Mexico, South Dakota, Montana, and other counties. We provide comprehensive documentation, videos, and continuous refresher training to the nominated trainers. The Bozeman Treatment Courts will nominate 2-3 staff members that will be trained and certified as a trainer. 56 10 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 Deliverables 1. Go-live of pilot docket a. Training for court coordinator and support staff b. Ability to perform day-to-day activities and record data in the DIMS LIS 2. Training the trainer a. Train nominated personnel to become trainers for the Bozeman Treatment Courts b. They will have the ability to train docket staff across multiple roles i. Coordinator ii. Treatment provider iii. Case manager iv. Probation officer v. Judge vi. Attorneys c. Ability to answer common questions and issues that might arise from time to time. d. Train the staff on new features and functionality 3. Single Sign-on integration: Bozeman Treatment Court(s) staff members will be able to use their official ID and password to log into DIMS. (This needs further discussion as there might be treatment providers and others who may not have Bozeman Treatment Court email ids) 4. Go-live of BRIDGERS Dui Court Docket a. All staff will be trained on how to utilize the DIMS LIS 5. Periodic training will ensure that all courts and trainers are up to date on the latest releases. 6. Training on analytics and how to interpret the docket data will be provided to court coordinators and key personnel. 7. Utilization Reports a. Utilization reports will be released at a docket level periodically. b. Training will be provided on how to improve utilization Major Milestones 1. The contract was signed and executed. 2. Scope of work signed and executed. 3. Task list and timeline defined and agreed upon 4. Train the trainer program executed. 5. Single Sign-On Integration 57 11 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 Invoice Schedule Invoice will follow agreement of pricing and be provided by Datagain Accounting team upon signing of contract. Acceptance Criteria Datagain will provide a staging environment and all UAT will occur on the staging environment. Upon approval of the authorized court staff, we will then move the data into the production environment. The deliverables that will be part of the UAT plan in staging: 1. Court setup and court staff setup 2. Setup and ability to run docket and staffing reports 3. Training 4. Role-based access for staff members. UAT plan in production: 1. Staffing report 2. Participant App 3. Staff App 4. Alerts Assumptions 1. Each court coordinator will fill out the onboarding form. This form is utilized for court set up in DIMS DMS. The onboarding form requests the following info a. Court name and address b. Coordinator's name and email address c. Judge name and email address 2. The coordinator will manage the availability of staff for training, these include the case officers, probation officers, treatment providers, etc. 3. Data that is captured by the DIMS DMS and its mandatory fields will be per the NADCP policy guidelines. 4. The DIMS DMS will be modified based on policy changes as per NADCP (All RISE) Methods to Protect Confidential Information PII Data Encryption Data Access via direct access or API to specialty docket data Data access is provided to cover multiple requirements 1. Admission and discharge data for reporting purposes – Excel download 2. All court data download based on time interval – Available upon request (to be automated at a later date) 3. We are currently transitioning to an all-API interface. Once this is available, the same will be made available. Data Loss Prevention Security is about keeping malicious software out of the network and keeping sensitive and confidential information inside the network. Datagain utilizes a combination of procedures/controls and software to ensure the security and integrity of the DIMS platform. 58 12 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 Data in Motion All data in motion is encrypted using SSL and HTTPS. Emails are encrypted using TLS 1.2. Data in Use DIMS utilizes a comprehensive Role-Based Security functionality which ensures that users only have access to data and functionality as per the role assigned by the court administrator. Data Sharing All data generated and used in connection with DIMS is not to be used for any outside purpose, other than the intended use. The City of Bozeman is the data owner. Datagain Services is the data custodian. Data at Rest All sensitive data at rest is encrypted utilizing encryption methods and policies available from AWS. All files and documents are stored in AWS S3 and encrypted. Servers and Databases are located on AWS Gov Cloud. The AWS-approved infrastructure is designed to ensure that servers are accessible only via Port 443 for internet traffic. All other ports are closed. The database is only accessible via the server. All servers and databases are in the private subnet with no internet gateway access. Data Flows All data at rest and in motion is encrypted using industry-standard measures. We provide SSL encryption for all data transfers between our servers/systems and/or client devices. This ensures information encryption and security during data transfers. All data at rest is also encrypted using industry-standard methods. All data on local devices used by our staff is destroyed after the completion of each project as a standard Datagain data usage policy. Interface Security Datagain utilizes SSL for transporting data from the user's browser to the AWS servers. This certificate is provided by Amazon Web Services. Authentication All users must be authenticated using the DIMS DMS login mechanism or a Single Sign-On implementation of the City of Bozeman. The unique ID used to identify the user is their respective email ID. Password complexity is maintained as follows: A minimum of six (6) digits with at least one upper case, one lower case, one special character, and one number. ● Google CAPTCHA is used to prevent brute force attacks on the login system. ● Password policy indicates that passwords expire after 6 months of use. ● Users may not use their last 6 passwords ● Account lockout after multiple incorrect passwords. Logging and Auditing All interactions with the DIMS DMS are audited and logged. These include ● Email ID of the logged-in user ● IP Address ● Timestamp Apart from this, any Add/Edit or Delete/Archive process is audited for ● What was changed ● Which participant was the change applied to ● Who changed ● When was it changed Security Monitoring Security Monitoring & Intelligence 59 13 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 Datagain utilizes AWS Guard Duty for continuous threat detection and monitoring of malicious activity across all its networks. Guard Duty utilizes machine learning, anomaly detection, and integrated threat intelligence to identify and prioritize potential threats. Benefits: ● Comprehensive threat identification ● Strengthens security through automation ● Enterprise-scale and central management Secure Network Architecture Network devices, including firewalls and other boundary devices, are in place to monitor and control communications at the external boundary of the network and key internal boundaries within the network. These boundary devices employ rule sets, access control lists (ACL), and configurations to enforce the flow of information to specific information system services. ACLs, or traffic flow policies, are established on each managed interface, which manages and enforces the flow of traffic. Secure Access Points A limited number of access points to the cloud are strategically placed to allow for more comprehensive monitoring of inbound and outbound communications and network traffic. These customer access points are called API endpoints, and they allow secure HTTP access (HTTPS), which allows Datagain to establish a secure communication session with our storage or compute instances. Network Monitoring and Protection A wide variety of automated monitoring systems provides a high level of service performance and availability. Monitoring tools are designed to detect unusual or unauthorized activities and conditions at ingress and egress communication points. These tools monitor server and network usage, port scanning activities, application usage, and unauthorized intrusion attempts. The tools can set custom performance metrics thresholds for unusual activity. Alarms are configured to automatically notify operations and management personnel when early warning thresholds are crossed on key operational metrics. An on-call schedule is used so personnel is always available to respond to operational issues. Security training All software engineers, architects, and deployment teams are required to undergo annual training and audits. The refresher course conducted by AWS covers the following topics ● Assimilate and leverage the AWS shared security responsibility model ● Architect and build AWS application infrastructures that are protected against the most common security threats ● Protect data at rest and in transit with encryption ● Apply security checks and analyses in an automated and reproducible manner ● Configure authentication for resources and applications in the AWS Cloud ● Gain insight into events by capturing, monitoring, processing, and analyzing logs ● Identify and mitigate incoming threats against applications and data ● Perform security assessments to ensure that common vulnerabilities are patched and security best practices are applied Assessments Datagain performs two assessments every quarter. Both reports can be made available on request. 1. Penetration Testing 2. PCI Compliance Monitoring 60 14 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 Change Management To ensure the smooth adoption of the DIMS DMS for all courts, Datagain will implement the following with the support of the Bozeman Treatment Courts 1. Weekly Risk Report (WRR) will be sent out to all stakeholders during the implementation phase. a. WRR will circuit the current project implementation status. b. Next steps c. Involvement of personnel d. Any delays and risks e. Tasks performed for the week. 2. Comprehensive training for each court and court staff 3. Online training manual 4. Train the trainer for court coordinator and case manager 5. Ticket support 6. Unlimited meetings to help answer questions. 7. OnDemand training videos 8. Step-by-step guided online tours are available. Implementation of continuous changes Changes are continuously performed, and new features and functionality are added to the system. Datagain will perform the following on an ongoing basis: 1. Update of the Wiki (online training manual) 2. Conduct multiple 20–25-minute training sessions multiple times a week before a launch of a new feature. All staff members will be invited to said training sessions. 3. Update or add guided tours for functionality. 4. Individual training sessions upon request. Points of Contact Vivek Jha vivek@datagainservices.com 203.514.1141 Shelley Thomson shelley@datagainservices.com 406.671.6965 Naveena K naveena.k@datagainservices.com Jim Northway james@datagainservices.com 256.617.1851 Signature Page By signing below, both parties agree to the terms of this Scope of Work . Datagain Inc.: Bozeman Treatment Courts: Signature Name: Vivek Jha Name: Title: Managing Director Title: Signature 61 15 Bozeman Treatment Courts 1 Creekside Court, Secaucus, NJ 07094 Date: 3/4/2024 Date: 62 Exhibit B Cloud Questionnaire 63 Cloud Services Questions 1) Service Levels : What level of service should we expect? What is the City’s recourse for excessive downtime? Refund the percentage of monthly fee? a. Answer: Please see the document SOW - Datagain DIMS - Bozeman Treatment Courts regarding down time management and support. b. Answer: Refund of % down vs year invoice, or reduction in following year invoice to % down. 2) Data Ownership : Who owns the data we provide and what can be done with the data? a. Answer: Data is owned by the client, a one time csv or sql database export can be made if the client requires all data at any point and made available to the client as needed. 3) ADA Compliance: If your proposed services include websites, they must be AA compliant as defined by WCAG (Web Content Accessibility Guidelines) standards. a. Answer: Datagain is working towards making the website ADA compliant. However, DIMS formal production site web is not publicly facing and access password protected. 4) Data Security : How secure is our data and how is it being kept secure ? a. Answer: Please see the document SOW - Datagain DIMS - Bozeman Treatment Courts regarding down time management and support, pages 11, 12, and 13. b. Answer: Please see Datagains Data Loss Prevention document. c. If this is a multi-tenant environment on the same hardware how is our data kept separate and secure from other customers, including any PII (Personally Identifiable Information) that may be gathered? d. If PII is gathered, is it encrypted in transit and at rest? yes e. If credit card transactions are occurring in your system fully PCI compliant? no credit card transactions will occur 5) Data Integrity : What do you do as a vendor to ensure our data maintains its integrity? a. Answer: We utilize AWS GovCloud as well as have HIPAA compliant user permissions for login and access. b. Answer: Please see the document SOW - Datagain DIMS - Bozeman Treatment Courts regarding down time management and support, pages 11, 12, and 13. 6) We require data centers to be located in the United States : What country will our data be located in? a. Answer: All Datagain and DIMS application servers are located in the United States 64 7) Responding to legal demands to disclose data : What is your process when someone subpoenas or requests our data from you as a vendor? a. Answer: Datagain will scrutinize the request carefully to ensure that it meets a legal standard and its own internal confidentiality policies. The request must be generally made in writing, signed by an authorized official of the requesting agency, and issued under an appropriate law. The “client/owner” of the data will be informed of the request. Attempts will be made to narrow the scope of breadth of the request to only pertinent information. If Datagain has a presence in a country where that legal entity is requesting data under the law of that jurisdiction, Datagain may have to comply. 8) Reporting : What is your protocol for data breaches? a. Answer: As outlined in the SaaS Agreement 9) Disaster Recovery : What protections/protocols do you have in place to mitigate disasters? a. Answer: Please see Datagains Data Loss Prevention Document 10) Business Continuity/Exit : If you decide to bring your business to an end or we end our relationship what happens to our data? If you give us a copy of our data, what format options will there be for our data and what assistance will you provide getting our data to us? a. Answer: Data is owned by the client, a one time csv or sql database export can be made if the client requires all data at any point and be made available to the client as needed then. 11) Termination rights and consequences : What is your termination policy both for you as a vendor and us as a customer? a. Answer: As outlined in the SaaS Agreement Questionnaire Completed by:_ _James Northway_ __________________ Date:__ _3/8/2024_ _____________ 65 Exhibit C Quote for Services 66 SOLD TO: Datagain, Inc Name: 1 Creekside Court Phone: Secaucus, NJ 07094 Email: 201-598-1767 CLIENT: information@datagainservices.com Address: Quote Provided By:Address 2: Jim Northway City: Vice President of Sales State: 256-617-1851 Zip code: james@datagainservices.com Site Contact: Phone: Email: Years:1 OTHER DETAILS: Months:No data import Other: QUANTITY ITEM # 4,000.00$ Signature Date -$ $- 1 LIST LIST PRICING $4,500.00 Bozeman Veterans & Treatement Courts Bozeman Veterans & Treatement Courts 615 S 16th Ave #123 Renee Boundy 406-548-5950 RBoundy@bozeman.net $- Product:4,000.00$ TOTAL:4,500.00$ Install 500.00$ Annual Renewal Total: 1 DIMS CM New Treatment Court 2,000.00$ $2,000.00 $- 1 Install DIMS Product Install 500.00$ $500.00 1 DIMS CM VETS Court 2,000.00$ $2,000.00 TERM OF CONTRACT: DESCRIPTION UNIT PRICE Quant x Price = TOTAL Bozeman MT 59715 Renee Boundy 406-548-5950 RBoundy@bozeman.net QUOTE DATE:EXPIRATION DATE:PRODUCT NAME(S) IN QUOTE: 2/15/24 6/30/24 DIMS Case Mangement Small Court(s) 67 Memorandum REPORT TO:City Commission FROM:Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign a Purchasing Entity Addendum to Participate in the State of Montana General Banking Services Agreement with U.S. Bank MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:Authorize the City Manager to sign the purchasing entity addendum to participate in the State of Montana General Banking Services Agreement with U.S. Bank. 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 City of Bozeman has banked with U.S. bank since 2011. The current contract with U.S. Bank expires May 1, 2024. The State of Montana competed and executed a General Banking Services Agreement with U.S. Bank for a wide range of banking services in 2021 and has made it available to municipalities through a Cooperative Purchasing Agreement. Pursuant to MCA 18-4-402 and the City's Purchasing Procedures, local government agencies are permitted to take advantage of the cost savings realized through the State's purchasing volume and other Cooperative Purchasing programs. Cooperative purchasers benefit by purchasing through State term contracts through time and cost saving, expedited order processing, as well as ensuring compliance with all procurement rules governed by the State and City. In comparing current contract pricing with US Bank and pricing through the State's Cooperative Purchasing Agreement, we expect to see approximately a 25% reduction in fees. Staff recommends the maximum contract term by state law of five years, due to all the technology involved with banking services and the amount of time, effort, and costs necessary to switch to another vendor. This includes the costs of changing checks and equipment, electronic banking transactions and utilizing both banking companies for a transition period. The contract term would begin on May 1, 2024 and expire on April 30, 2029 if both 68 renewals were executed. UNRESOLVED ISSUES:N/A ALTERNATIVES:Direct staff to go out with a request for proposals for banking services. FISCAL EFFECTS:The city analyzed the fees charged for January 2024 on our Operating Account. With the State's pricing we would have seen about a $710 saving, or approximately 25% overall. Bank fees are currently offset by interest on a compensating CD, and therefore we should see increased interest revenues. Attachments: State Participating Addendum.docx General Banking Services for the State.pdf Report compiled on: March 8, 2024 69 Page 1 of 3 STATE OF MONTANA GENERAL BANKING SERVICES AGREEMENT CONTRACT NO. DOA-SFSD-2020-0117JT PURCHASING ENTITY ADDENDUM This Purchasing Entity Addendum (“Addendum”) is entered into by The XXXXXXX, Montana, organized under the laws of the State of Montana (“Participant”) and U.S. Bank National Association “U.S. Bank.” This Addendum shall become effective upon signing by both Parties. RECITALS The State of Montana (the “State”) and U.S. Bank have entered into an Agreement with a Contract Number DOA- SFSD-2020-0117JT, as amended, supplemented or otherwise modified (the “Agreement”) for the purpose of providing General Banking Services (the “Program”). Participant desires to participate as a “Purchasing Entity” under the Program and Agreement, with sole liability its own obligations it may incur under the Program and Agreement; and U.S. Bank has agreed to allow Participant to be bound under the Agreement and participate in the Program as a “Purchasing Entity”. Now, therefore, for and in consideration of the mutual promises contained in this Addendum and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Participant and U.S. Bank agree as follows: 1.DEFINITIONS. Unless otherwise stated in this Addendum, all capitalized terms shall have the same meaning as set forth in the Agreement. 2.DESIGNATION. Participant is hereby designated as a “Purchasing Entity” under the Agreement and Participant shall be deemed a “Purchasing Entity” thereunder until Participant so elects to remove such designation or such designation is revoked as set forth in section 6 below. U.S. Bank will take direction from such Participant in the issuing of Accounts (or the suspension of Accounts issued at Participant’s direction). 3.PARTICIPANT REPRESENTATIONS, WARRANTIES AND COVENANTS. Participant 3.1.Represents and warrants that it has received a copy of the Agreement; 3.2.Represents that it is a valid political subdivision of the State of Montana; 3.3 Represents and warrants that as of the date hereof that each of the representations and warranties made by the State in the Agreement to U.S. Bank can be made by Participant without breach on the date hereof; 3.4.Represents and warrants that all financial and other information provided to U.S. Bank by or about Participant is true and correct; 3.5 Agrees tocomply with and be bound by the terms and conditions of the Agreement, including any future amendment regardless of whether Participant has received notice of such amendment; 3.6.Agrees it is liable for its own performance of the terms and conditions of the Agreement (including as it may be amended from time to time) as if Participant signed the Agreement, including for all obligations incurred by it or by any party issued an Account at its direction, but shall not be liable for any obligations incurred by the State or any other Participants; and, 3.7 Agrees that it may not assign or transfer its rights under this Addendum or the Agreement without the express consent of U.S. Bank. 70 Page 2 of 3 4.LIABILITY FOR PARTICIPANT’S PERFORMANCE AND OBLIGATIONS. Participantagrees that it shall be solely liable for its performance of the terms and conditions of the Agreement and this Addendum. The State shall have no liability for any obligations incurred under the Program by Participantand any Account holder designated by such Participant. 5.NOTICES. The notice address for Participant is: Participant: 6.CHANGE OF CONTROL. Participant shall immediately notify U.S. Bank in writing of the occurrence of any event concerning Participant that (i) would prevent Participant from making the representations and warranties contained in section 3 at such time or (ii) results in a change of the legal name of such Participant. Participant shall promptly provide such additional details as reasonably requested by U.S. Bank regarding such event. At the election of U.S. Bank, the rights of Participant to be designated a “Participant” under the Agreement may be revoked based upon the notification provided by pursuant to section 6(i) and this Addendum shall terminate. 7.BINDING AGREEMENT. The representations, warranties and covenants of Participant in this Addendum constitute valid, binding and enforceable Agreements of Participant. The execution of this Addendum and the performance of the obligations hereunder are within the power of Participant, have been authorized by all necessary action and do not constitute a breach of any Agreement to which Participant is a party or is bound. Participant represents and warrants that this transaction is within the scope of the normal course of business and does not require further authorization for Participant to be duly bound by this Addendum. Any breach of the terms of this Addendum by the Participant shall also be a default under the Agreement by the Participant giving rise on the part of U.S. Bank to exercise remedies based upon such default. A breach of the terms of the Addendum by Participant shall give rise to the right of U.S. Bank to terminate this Addendum and remove Participant from the Program. This Addendum, along with the Agreement, U.S. Bank’s Master Services Agreement, Services Terms and Conditions, Deposit Account Agreement, and documents referenced or incorporated therein, shall contain the entire agreement between the Participant and U.S. Bank for the provision of General Banking Services. 8.RATIFICATION, AMENDMENT AND TERMINATION OF AGREEMENT. Participant acknowledges that U.S. Bank and the State may from time to time enter into amendments of the Agreement. No such amendments shall require the consent of, or notification to, Participant and Participant shall be bound by the terms contained in any such amendments. Any failure to inform Participant of any amendment shall not provide a defense to Participant against U.S. Bank’s enforcement of the Agreement (as amended) or this Addendum against Participant. 9.AUTHORIZATION AND EXECUTION. This Addendum may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. This Addendum may be executed and delivered by the parties electronically, and fully executed electronic versions of this Addendum, or reproductions thereof, will be deemed to be original counterparts. 71 Page 3 of 3 The signer(s) represents and warrants that (i) he or she is authorized by an applicable authority to enter into all transactions contemplated by this Addendum, and (ii) the signatures appearing on all supporting documents of authority are authentic. PARTICIPANT DATE: U.S. BANK DATE: U.S. Bank National Association Legal Name of Participant (Political Subdivision/Participating Entity) (Signature of Authorized Individual) Kim Spiroff (Printed Name of Authorized Individual) Senior Vice President (Printed Title of Authorized Individual) 72 DocuSign Envelope ID: 7FCF0D2B-7F24-4D7B-91C8-A314CD81D748 73 DocuSign Envelope ID: 7FCF0D2B-7F24-4D7B-91C8-A314CD81D748 74 DocuSign Envelope ID: 7FCF0D2B-7F24-4D7B-91C8-A314CD81D748 75 DocuSign Envelope ID: 7FCF0D2B-7F24-4D7B-91C8-A314CD81D748 76 DocuSign Envelope ID: 7FCF0D2B-7F24-4D7B-91C8-A314CD81D748 77 DocuSign Envelope ID: 7FCF0D2B-7F24-4D7B-91C8-A314CD81D748 78 DocuSign Envelope ID: 7FCF0D2B-7F24-4D7B-91C8-A314CD81D748 79 DocuSign Envelope ID: 7FCF0D2B-7F24-4D7B-91C8-A314CD81D748 80 DocuSign Envelope ID: 7FCF0D2B-7F24-4D7B-91C8-A314CD81D748 81 DocuSign Envelope ID: 7FCF0D2B-7F24-4D7B-91C8-A314CD81D748 John LewisJohn Lewis 12/31/2020 82 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize City Manager to Sign an Agreement with Highland Construction Services LLC for Construction of Glen Lake Rotary Park Parking Lot Phase I MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign an Agreement with Highland Construction Services LLC for Construction of Glen Lake Rotary Park Parking Lot Phase I STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:Attached is a copy of the Agreement with Highland Construction Services LLC for construction of the Glen Lake Parking Lot Phase I in accordance with application 21200 Glen Lake Rotary Park SP1 and limited to those items identified as Base Bid - Phase 1 Park Improvements in the Notice of Award. The document is on the City's standard format and the services were procured through the City's procurement process. A request for proposals was published in the Bozeman Daily Chronicle on May 20 and May 27, 2023, with the proposals being due on June 8, 2023. One proposal was received from Highland Construction and the Notice of Award was authorized on August 22, 2023. UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission FISCAL EFFECTS:The City's contribution to the project will be from FY2023 and FY2024 Park Improvement Grants in the amount of $230,000. The Bozeman Sunrise Rotary Club will provide $275,000 toward the project. Attachments: Agreement.pdf GLRP Parking Lot SP1.pdf Report compiled on: March 14, 2024 83 V:17055_9_GLRP_AF.docx Section 00500 (1/23/23) drs AGREEMENT Page 1 of 6 AGREEMENT FORM THIS AGREEMENT is dated as of the ___ day of ___________________ in the year 2024, by and between City of Bozeman, hereinafter called OWNER and Highland Construction Services, LLC hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of the roadway, back-in angle parking, trails, ADA parking and bike parking within the Phase 1 area to complete the connection between the south access road (constructed in 2020) to the existing gravel turnaround that is located at the south end of the existing park improvements. The project will also include stormwater infrastructure, landscaping and irrigation. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Glen Lake Rotary Park Phase 1 Improvements. ARTICLE 2. ENGINEER 2.1 The Project has been designed by: Sanderson Stewart; 106 E Babcock St, Suite L1, Bozeman, Montana 59715 who is hereinafter called Engineer and who is to act as OWNER’S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The work will be completed within 60 calendar days after the date when the contract time commences to run, as provided in the General Conditions. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. The parties also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred and 00/100 Dollars ($500.00) for each day that expires after the time specified herein until the Work is substantially complete. 84 V:17055_9_GLRP_AF.docx Section 00500 (1/23/23) drs AGREEMENT Page 2 of 6 ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents for the sum (subject to adjustment as provided in the Contract Documents) of Four Hundred Thirty-nine Thousand Ninety Two and 50/100 Dollars ($439,092.50). ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed, as provided in the General Conditions. 5.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S applications for payment, as recommended by ENGINEER. All progress payments will be on the basis of the progress of the work measured by the schedule of values provided for in the General Conditions. 5.1.1 The OWNER may retain a portion of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. Five percent (5%) of the amount of each payment shall be withheld until work is 50 percent completed, based upon dollar value of the contract work items. When work is 50 percent complete, the amount withheld may be reduced at the discretion of the OWNER and provided that the CONTRACTOR is making satisfactory progress, and there is no specific cause for greater withholding. When the work is substantially complete, the amount withheld shall be further reduced below five percent (5%) to an amount determined by the ENGINEER necessary to assure completion. Up to five percent (5%) withholding may be reinstated after the 50 percent completion stage if the OWNER, at OWNER’S discretion, determines that the progress is not satisfactory or if there is other specific cause for such withholding. 5.2 Final Payment. Upon final completion and acceptance of the work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price, as recommended by ENGINEER. ARTICLE 6. INTEREST All moneys not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. ARTICLE 7. CONTRACTOR’S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized themselves with the nature and extent of the Contract Documents, work, locality, and with all location conditions and federal, state and local laws, 85 V:17055_9_GLRP_AF.docx Section 00500 (1/23/23) drs AGREEMENT Page 3 of 6 ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 7.3 CONTRACTOR has made, or caused to be made examinations, investigations, tests and studies of such reports and related data, in addition to those referred to above, as CONTRACTOR deems necessary for the performance of the work at the contract price, within the contract time, and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are, or will be, required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that the CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.6 CONTRACTOR hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the City of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR’S employees and to all subcontracts it enters into in performance of the agreement with the City of Bozeman. ARTICLE 8. CONTRACT DOCUMENTS 8.1 This Agreement 8.2 Exhibits to this Agreement (if any) 8.3 Performance Bond, Payment Bond and Bid Bond 8.4 Proposal Form (where applicable) 8.5 Disadvantaged Business Enterprises (DBE) Requirements (where applicable) 8.6 FHWA Form 1273 (where applicable) 8.7 Required Contract Provisions for Federal-Aid Construction Contracts (where applicable) 86 V:17055_9_GLRP_AF.docx Section 00500 (1/23/23) drs AGREEMENT Page 4 of 6 8.8 Special Provisions, EEO Affirmative Action Requirements on Federal and Federal-Aid Construction Contracts (where applicable) 8.9 Supplementary Specifications 8.10 Certificate of Insurance 8.11 Standard General Conditions 8.12 Wage Rates, if applicable 8.13 Standard Modifications, if applicable 8.14 Special Provisions, if applicable 8.15 Montana Public Works Standard Specifications, Sixth Edition, April 2010, including the City of Bozeman Standard Modifications, thereof. 8.16 Technical Specifications, as listed in Table of Contents thereof, if applicable 8.17 Drawings 8.18 Addenda listed on the bid form 8.19 CONTRACTOR’S executed bid form 8.20 Documentation submitted by CONTRACTOR prior to Notice of Award 8.21 Notice of Award 8.22 Notice to Proceed 8.23 Any modification, including Change Orders, duly delivered after execution of Agreement 8.24 Any Notice of Partial Utilization 8.25 Notice of Substantial Completion 8.26 Lien Waivers 8.27 Notices of Final Completion and Acceptance 8.28 Non-Discrimination Affirmation Form 87 V:17055_9_GLRP_AF.docx Section 00500 (1/23/23) drs AGREEMENT Page 5 of 6 There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended, or repealed only by a modification (as defined in the General Conditions). ARTICLE 9. MISCELLANEOUS 9.1 Terms used in this Agreement, which are defined in the General Conditions, shall have the meanings indicated in the General Conditions. 9.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR, respectively and their partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet their interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor whose work has proven unsatisfactory the right to be engaged in or employed upon any part of the work. 9.3 In the event it becomes necessary to either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 9.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of the Agreement. 88 V:17055_9_GLRP_AF.docx Section 00500 (1/23/23) drs AGREEMENT Page 6 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (Contractor) By (SEAL & ATTEST) Title (Joint Venture) By (SEAL & ATTEST) Title City of Bozeman (Owner) By (SEAL & ATTEST) Title City Manager City Clerk APPROVED AS TO FORM: (City Attorney) Highland Construction Services Owner 89 90 60300SCALE:1" = 60'60120NORTHNOTE:-EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. THEENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICE LINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BESTRAIGHT LINES OR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITY COMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS.-ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6TH EDITION, APRIL, 2010, AND THE CITY OFBOZEMAN STANDARD MODIFICATIONS, DATED MARCH 31, 2011, WITH ADDENDUM.-UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED INTHE STATE WHERE THE PROJECT IS LOCATED AND BY A PARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTION LAYOUT AND STAKING TECHNIQUES ASARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEING PERFORMED.FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION AND MULTI-USE PATHWAYS EXISTING CONDITIONS & PHASE 1 DEMOLITION PLAN GLEN LAKE ROTARY PARK NEW ACCESS ROADWAY, PARKING IMPROVEMENTS BOZEMAN, MONTANAC2.1- 17055_DEMO_PROD_PHI.DWG CMK 10.19.21 2ND CITY SUBMITTAL 01.24.22 - - - - - 3RD CITY SUBMITTAL - - - - - -- 17055 V:\17055_East_Gallatin_Rec_Area_Access_Road_Parking_Trail\CADD_C3D\PRODUCTION_DWG\SITE PLAN SUBMITTAL\17055_DEMO_PROD_PHI.dwg, C2.1, 1/21/2022 9:58:14 AM, rboland, 1:1 91 CP#80CP#9CP#226CP#70PHASE 1PHASE 2PHASE 2PHASE 3PHASE 3PHASE 1NORTH080SCALE: 1" = 80'1604080=ADA ROUTEPROJECT SURVEY CONTROLPoint #97080226Northing129690.49129546.21129137.97129756.11Easting381961.02382326.48382556.19382296.50Elevation4690.434697.234696.214694.49DescriptionCP / 2" DIA ACR SS CTL MONCP / 2" DIA ACR SS CTL MONCP / 2" DIA ACR SS CTL MONPC /YCR MORRISON MAIERLEDATUM:MT 83 BOZ LDPSURVEY COMPLETED 07/28/17 N.M.=100-YEAR FLOODPLAINNOTE:-EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. THEENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICE LINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BESTRAIGHT LINES OR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITY COMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS.-ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6TH EDITION, APRIL, 2010, AND THE CITY OFBOZEMAN STANDARD MODIFICATIONS, DATED MARCH 31, 2011, WITH ADDENDUM.-UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED INTHE STATE WHERE THE PROJECT IS LOCATED AND BY A PARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTION LAYOUT AND STAKING TECHNIQUES ASARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEING PERFORMED.FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION AND MULTI-USE PATHWAYS MASTER SITE PLAN GLEN LAKE ROTARY PARK NEW ACCESS ROADWAY, PARKING IMPROVEMENTS BOZEMAN, MONTANA&- 17055_OVERALL_SPS.DWG CMK 10.19.21 2ND CITY SUBMITTAL 01.24.22 - - - - - 3RD CITY SUBMITTAL - - - - - -- 17055 LEGEND= MASTER PLAN CONSTRUCTION LIMITS= PHASE LIMIT= APPROXIMATE BOZEMAN OLD CITY LANDFILLBOUNDARYV:\17055_East_Gallatin_Rec_Area_Access_Road_Parking_Trail\CADD_C3D\PRODUCTION_DWG\SITE PLAN SUBMITTAL\17055_OVERALL_SPS.dwg, C3.1, 2/1/2022 3:42:53 PM, rboland, 1:1 92 PHASE 1PHASE 2NORTH020SCALE: 1" = 20'401020NOTE:-EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIESSHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATIONAVAILABLE TO THE ENGINEER. THE ENGINEER DOES NOTGUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICELINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE &TELEVISION) MAY NOT BE STRAIGHT LINES OR AS INDICATED ONTHE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALLUTILITY COMPANIES BEFORE EXCAVATION FOR EXACTLOCATIONS.-ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCEWITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6THEDITION, APRIL, 2010, AND THE CITY OF BOZEMAN STANDARDMODIFICATIONS, DATED MARCH 31, 2011, WITH ADDENDUM.-UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUTAND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLECHARGE OF A LAND SURVEYOR LICENSED IN THE STATE WHERETHE PROJECT IS LOCATED AND BY A PARTY CHIEF ORENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTIONLAYOUT AND STAKING TECHNIQUES AS ARE REQUIRED BY THESPECIFIC TYPE OF WORK BEING PERFORMED.FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION AND MULTI-USE PATHWAYS PHASE 1 SITE PLAN - SOUTH GLEN LAKE ROTARY PARK NEW ACCESS ROADWAY, PARKING IMPROVEMENTS BOZEMAN, MONTANA&- 17055_OVERALL_SPS.DWG CMK 10.19.21 2ND CITY SUBMITTAL 01.24.22 - - - - - 3RD CITY SUBMITTAL - - - - - -- 17055 PARKING CALC: REQUIRED ADA PARKING SPACESCOMMUNITY PARKBUILDING TYPE26-50 RANGE= 2 ADA PARKING SPACESBIKE PARKING SPACES33 PARKING SPACES X 10% = 48 BIKE PARKING SPACES5 ADA PARKING SPACES PROVIDED (MIN.)NA33 PARKING SPACESLEGENDASPHALT AREACURB AND GUTTEREDGE OF ASPHALTEDGE OF GRAVELEXISTINGPROPOSEDGRAVEL AREACONCRETE AREACONSTRUCTION LIMITSAPPROXIMATE BOZEMAN OLDCITY LANDFILL BOUNDARYV:\17055_East_Gallatin_Rec_Area_Access_Road_Parking_Trail\CADD_C3D\PRODUCTION_DWG\SITE PLAN SUBMITTAL\17055_OVERALL_SPS.dwg, C3.2, 1/21/2022 9:33:17 AM, rboland, 1:1 93 PHASE 3PHASE 1NOTE:-EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIESSHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATIONAVAILABLE TO THE ENGINEER. THE ENGINEER DOES NOTGUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICELINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE &TELEVISION) MAY NOT BE STRAIGHT LINES OR AS INDICATED ONTHE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALLUTILITY COMPANIES BEFORE EXCAVATION FOR EXACTLOCATIONS.-ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCEWITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6THEDITION, APRIL, 2010, AND THE CITY OF BOZEMAN STANDARDMODIFICATIONS, DATED MARCH 31, 2011, WITH ADDENDUM.-UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUTAND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLECHARGE OF A LAND SURVEYOR LICENSED IN THE STATE WHERETHE PROJECT IS LOCATED AND BY A PARTY CHIEF ORENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTIONLAYOUT AND STAKING TECHNIQUES AS ARE REQUIRED BY THESPECIFIC TYPE OF WORK BEING PERFORMED.FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION AND MULTI-USE PATHWAYS PHASE 1 SITE PLAN - NORTH GLEN LAKE ROTARY PARK NEW ACCESS ROADWAY, PARKING IMPROVEMENTS BOZEMAN, MONTANA&- 17055_OVERALL_SPS.DWG CMK 10.19.21 2ND CITY SUBMITTAL 01.24.22 - - - - - 3RD CITY SUBMITTAL - - - - - -- 17055 LEGENDASPHALT AREACURB AND GUTTEREDGE OF ASPHALTEDGE OF GRAVELEXISTINGPROPOSEDGRAVEL AREACONCRETE AREACONSTRUCTION LIMITSNORTH020SCALE: 1" = 20'401020APPROXIMATE BOZEMAN OLDCITY LANDFILL BOUNDARYV:\17055_East_Gallatin_Rec_Area_Access_Road_Parking_Trail\CADD_C3D\PRODUCTION_DWG\SITE PLAN SUBMITTAL\17055_OVERALL_SPS.dwg, C3.3, 1/21/2022 9:33:40 AM, rboland, 1:1 -- 94 NOTE:-EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. THEENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICE LINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BESTRAIGHT LINES OR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITY COMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS.-ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6TH EDITION, APRIL, 2010, AND THE CITY OFBOZEMAN STANDARD MODIFICATIONS, DATED MARCH 31, 2011, WITH ADDENDUM.-UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED INTHE STATE WHERE THE PROJECT IS LOCATED AND BY A PARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTION LAYOUT AND STAKING TECHNIQUES ASARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEING PERFORMED.FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION AND MULTI-USE PATHWAYS DRAINAGE AND GRADING - PHASE 1 - NORTH GLEN LAKE ROTARY PARK NEW ACCESS ROADWAY, PARKING IMPROVEMENTS BOZEMAN, MONTANAC.2- 17055_PNP_SPS.DWG CMK 10.19.21 2ND CITY SUBMITTAL - - - - - - - - - - - - -- 17055 LEGENDASPHALT AREACURB AND GUTTEREDGE OF ASPHALTEDGE OF GRAVELEXISTINGPROPOSEDGRAVEL AREACONCRETE AREA50510SCALE: 1" = 10'NORTH2.595 PRELIMINARY - FOR REVIEWNORTH FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONAND MULTI-USE PATHWAYSDRAINAGE,GRADING AND P&P - PUBLIC ACCESS ROAD - PHASE 1 -SOUTHGLEN LAKE ROTARY PARKNEW ACCESS ROADWAY, PARKING IMPROVEMENTSBOZEMAN, MONTANA&-17055_PNP_SPS_NEW.DWGCMK10.19.212ND CITY SUBMITTAL01.24.22-----3RD CITY SUBMITTAL-------17055VERTICAL SCALE: 1"=5' 30 15 0 HORIZONTAL SCALE:1" = 30' 30 60 V:\17055_East_Gallatin_Rec_Area_Access_Road_Parking_Trail\CADD_C3D\PRODUCTION_DWG\SITE PLAN SUBMITTAL\17055_pnp_SPS_new.dwg, 24x36-PnP, 1/21/2022 10:05:42 AM, rboland, 1:196 FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION AND MULTI-USE PATHWAYS DETAILS GLEN LAKE ROTARY PARK NEW ACCESS ROADWAY, PARKING IMPROVEMENTS BOZEMAN, MONTANAC5.1- 17055_DETAILS_SPS.DWG CMK 10.19.21 2ND CITY SUBMITTAL 01.24.22 - - - - - 3RD CITY SUBMITTAL - - - - - -- 17055THE INFORMATION CONTAINED IN THIS DRAWING ISTHE SOLE PROPERTY OF SITESCAPES, INC. ANYREPRODUCTION IN PART OR AS A WHOLE WITHOUTTHE WRITTEN PERMISSION OF SITESCAPES, INC.IS PROHIBITED.| WEBSITE: www.sitescapesonline.com| E-MAIL: info@sitescapesonline.comINCH TOLERANCES U.O.S.PRODUCT NO.TITLEAPEXBIKE RACKP.O. Box 22326Lincoln, NE 68542PF: 402/421-9464FX: 402/421-9479AP2-02-SMØ7.55.22TOP VIEW3624 O.C.21.631FRONT VIEWØ2.38RIGHT SIDE VIEWMATERIALS LIST1. TUBING - Ø 238" X .154" WALL STEEL TUBING2. SURFACE PLATE - Ø 712 X 14" THICK STEEL PLATE WITH THREE Ø 916" MOUNTING HOLES3. MOUNTED WITH SIX Ø 12" X 4-5" STAINLESS STEEL ANCHOR BOLTS (CUSTOMER SUPPLIED)COLOR: ONYXFINISH: DURA COATBACK-INANGLEPARKINGONLYV:\17055_East_Gallatin_Rec_Area_Access_Road_Parking_Trail\CADD_C3D\PRODUCTION_DWG\SITE PLAN SUBMITTAL\17055_DETAILS_SPS.dwg, C5.1, 1/21/2022 9:02:56 AM, rboland, 1:1 -- 01.24.22 3RD CITY SUBMITTAL-- 97 FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION AND MULTI-USE PATHWAYS DETAILS GLEN LAKE ROTARY PARK NEW ACCESS ROADWAY, PARKING IMPROVEMENTS BOZEMAN, MONTANAC5.2- 17055_DETAILS_SPS.DWG CMK 10.19.21 2ND CITY SUBMITTAL 01.24.22 - - - - - 3RD CITY SUBMITTAL - - - - - -- 17055 V:\17055_East_Gallatin_Rec_Area_Access_Road_Parking_Trail\CADD_C3D\PRODUCTION_DWG\SITE PLAN SUBMITTAL\17055_DETAILS_SPS.dwg, C5.2, 1/21/2022 9:01:38 AM, rboland, 1:1 98 TEMPORARY GRAVELACCESS CONSTRUCTIONENTRANCE (SEE DETAIL)CONTRACTOR STAGING/STORAGE AREA. PROVIDEBERM, INTERCEPTOR OR SILT FENCE AROUNDEXTERIOR OF STAGING AREA TO PREVENT OFF-SITEDISCHARGE OF STORM WATER. CONTRACTOR SHALLWORK WITH CITY OF BOZEMAN TO LOCATE ANDPROTECT IRRIGATION VALVES AND OTHER SYSTEMCOMPONENTS WITHIN THIS AREA. IRRIGATION POINTOF CONNECTION FOR PHASE 1 IMPROVEMENTSLOCATED WITHIN THIS AREA.SILTFENCE(TYP.)CHAIN LINKFENCE (TYP.)CONSTRUCTION TRASHENCLOSURE. PROVIDE 40-YARDROLL-OFF BIN FENCED ANDSECURED. ALL SPOILS TO BEREMOVED FROM SITE WITHIN 30DAYS. KEEP ALL DEBRIS ENCLOSEDNORTH030SCALE: 1" = 30'601530FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION AND MULTI-USE PATHWAYS PHASE 1 CONSTRUCTION MANAGEMENT PLAN GLEN LAKE ROTARY PARK NEW ACCESS ROADWAY, PARKING IMPROVEMENTS BOZEMAN, MONTANA&- 17055_EROS_SPS.DWG CMK 10.19.21 2ND CITY SUBMITTAL 01.24.22 - - - - - 3RD CITY SUBMITTAL - - - - - -- 17055NOTE:-EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. THEENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICE LINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BESTRAIGHT LINES OR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITY COMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS.-ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6TH EDITION, APRIL, 2010, AND THE CITY OFBOZEMAN STANDARD MODIFICATIONS, DATED MARCH 31, 2011, WITH ADDENDUM.-UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED INTHE STATE WHERE THE PROJECT IS LOCATED AND BY A PARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTION LAYOUT AND STAKING TECHNIQUES ASARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEING PERFORMED.CONSTRUCTION ROUTE MAPSITENORTHV:\17055_East_Gallatin_Rec_Area_Access_Road_Parking_Trail\CADD_C3D\PRODUCTION_DWG\SITE PLAN SUBMITTAL\17055_EROS_SPS.dwg, C6.1, 1/21/2022 9:05:30 AM, rboland, 1:1 99 C. Reporting Requirements. The applicants are required to record all inspections(date, time, inspector, observations), corrective actions, changes in the in-field erosion control and BMPs, and impact remediation measures. Storm water impacts (mud and muddy water) shall be carefully documented as well as corrective action taken to repair or improve erosion and storm water control systems. The applicants are required to make these records available to field inspectors and keep complete records of the project inspections at the nearest field office to the worksite.. The applicants are also required to report any releases of hazardous materials that are in excess of reportable quantities as defined in 40 CFR 110. 40 CFR 117, or 40 CFR 302 to the National Response Center (800-424-8802) and the Montana Water Protection Bureau (406-444-5338). The applicant is then required to submit a storm water discharge assessment report within 7 days of conditions exceeding reportable quantities limits. If active construction or the disturbance area reclamation efforts extend past one year, then the applicant(s) is/are required to submit an annual inspection report to DEQ's Water Protection Bureau within 30 days of the season ending final inspection.NOTE:A: Monitoring. During active construction, the applicants are required to conduct runoff inspections and maintenance -- inspections and maintenance being required whenever the project area development work could have a significant effects on state waters (surface water or ground water) or project area erosion/runoff control features (BMPs) may have been damaged. Specifically the project managers are required to inspect, document and repair damages according to the following general guidelines: 1. at a minimum of once every 7 days. 2. within 24 hours of any runoff generating storm event, or 3. daily inspections/maintenance during prolonged precipitation or snowmelt periods. After the construction activity is completed on an area (landscape is recontoured, topsoil is replaced, and permanent erosion control measures completed), the project managers may propose a less frequent and higher runoff threshold monitoring and inspections. The objective of the monitoring, inspection and reporting permit requirements is to assure that the project managers maintain the erosion and runoff management features (BMPs) in good working condition and thereby protect the quality of state waters. For instance, inspections and monitoring requirements can be waved for prolonged periods when the project area soils are largely frozen.B. Corrective Actions. The applicants must commit to taking corrective actions if storm water runoff and eroded sediment adversely impact state waters. For example the applicants are required to remove, within 24 hours, eroded sediment in excess of 1/2 cubic yard that deposits in downstream drainage. The applicants are also required to repair, maintain or improve on-site BMPs, within 24 hours of discovery that measurable quantities of sediment left the project area or entered state waters (GDP Part III.A.3).20' MIN.NOT TO SCALE1" X 1" STAKELIVE STAKE(25 x 25mm)FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION AND MULTI-USE PATHWAYS CONSTRUCTION MANAGEMENT DETAILS GLEN LAKE ROTARY PARK NEW ACCESS ROADWAY, PARKING IMPROVEMENTS BOZEMAN, MONTANAC6.2- 17055_EROS_SPS.DWG CMK 10.19.21 2ND CITY SUBMITTAL 01.24.22 - - - - - 3RD CITY SUBMITTAL - - - - - -- 17055 V:\17055_East_Gallatin_Rec_Area_Access_Road_Parking_Trail\CADD_C3D\PRODUCTION_DWG\SITE PLAN SUBMITTAL\17055_EROS_SPS.dwg, C6.2, 1/21/2022 9:05:38 AM, rboland, 1:1 -- -- 100 101 102 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with Morrison Maierle for the North 27th Avenue Improvements Project-Baxter to Cattail MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign the Professional Services Agreement with Morrison Maierle for the North 27th Avenue Improvements Project – Baxter to Cattail. 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 Professional Services Agreement with Morrison Maierle for the North 27th Avenue Improvements Project – Baxter to Cattail. The document is in the City’s standard format. These services were procured through the City’s consultant selection process. A Request for Proposals was published in the Bozeman Daily Chronicle on June 17th and July 1st, with the proposals being due on July 14th. Proposals were received from 4 firms on the project which were distributed to a selection committee of 3 city employees. The written proposals were scored by the selection committee and Morrison Maierle was selected the most qualified to complete the project. The current contract is for the predesign services only. In this phase the consultant will complete the surveying; geotechnical investigation; a traffic impact analysis which will include an analysis and recommendation of the method of intersection control (roundabout or signal) to be installed at the Baxter and Cattail intersections; typical section selection; wetland delineation; preliminary layouts of utilities, lighting and stormwater; and provide an updated project budget. Once this phase is complete and accepted, an amendment will be negotiated to add the design phase services. UNRESOLVED ISSUES:None 103 ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:$215,544 to be paid from project SIF152. The FY24 Capital Improvement Plan included $450,000 in both the Arterial and Collector District Fund and the Street Impact Fee Fund for the design of the project. Attachments: n 27th Profess.Serv.Agr.frm.doc 20240202_N 27th Baxter to Cattail PreDesign Scope of Work V2.pdf 20240202_N 27th Baxter to Cattail PreDesign V2.pdf Report compiled on: March 12, 2024 104 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 Morrison Maierle, Inc. 2880 Technology Blvd West, Bozeman, , Montana,(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: Street improvements for N 27th Avenue from Baxter Lane to Cattail Street. 1.2.The scope of services under this contract is set forth in this Agreement and the attached EXHIBITS including EXHIBIT C-1 – Scope of Work and EXHIBIT D-1 - Engineering Fee Estimate. 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 Travis Eickman, 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 Nickelson, PE . The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 105 2 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. 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 Bob Murray, Jr., PE. 3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing configuration of the city utilities. 3.4 The OWNER will be responsible for advertising bid openings. 3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction progress and other job related meetings, substantial completion inspections and final payment inspections. ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE-DESIGN INVESTIGATION PHASE After written authorization to proceed, ENGINEER shall: 4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services and assist OWNER in obtaining such data or services. 4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 4.1.4.Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 4.1.5.Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 4.1.6 Assist in formation of Special Improvement Districts (SID) by preparing district boundary descriptions and maps, preparing a property owner's and assessments role lists including project assessment costs based on the preliminary project cost estimates, and providing technical information at SID public hearings, if applicable. 4.1.7.Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs". 106 3 4.1.8.Furnish 3 copies and an electronic copy of the Study and Report documents and review them in person with OWNER. The Pre-design Investigation Phase will be completed and submitted within 120 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.2 PRELIMINARY DESIGN PHASE – NOT USED 4.3 FINAL DESIGN PHASE - NOT USED 4.4 BIDDING OR NEGOTIATING PHASE - NOT USED 4.5 CONSTRUCTION PHASE – NOT USED 4.6.PROJECT DOCUMENTATION – NOT USED 4.7.CONSTRUCTION TESTING – NOT USED ARTICLE 5 - ADDITIONAL SERVICES 5.1.If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in this Agreement: 5.1.1.Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions. 5.1.2.Preparation of applications and supporting documents for governmental agencies in addition to those required under Basic Services; preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 5.1.3.Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4.Providing renderings or models. 5.1.5.Preparing documents for alternate bids requested by OWNER for work not executed or for out-of- sequence work. 5.1.6.Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as elsewhere herein described. 5.1.7.Furnishing the services of independent professional associates or consultants for other than Basic Services. 5.2.When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and 107 4 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 section 4.1 of this Agreement pay a total sum in the amount of $215,544 for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (section 4.1) shall not exceed the following ceilings: $ 172,435 (80 % of design fee) until the Pre-design Report have been submitted to the OWNER. $ 215,544 (100% of design fee) until the Fina Pre-design Report is accepted by the OWNER. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of this Agreement. 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1) 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. Additional services shall be compensated in accordance with the following: 6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.44 , or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. ARTICLE 7 - MEANING OF TERMS 108 5 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: Principal $78.00/hour Supervising Engineer III $72.00/hour Supervising Engineer II $70.00/hour Senior Engineer I $60.00/hour Design Engineer II $52.00/hour Design Engineer I $48.00/hour Engineer Intern II $42.00/hour Engineer Intern I $38.00/hour Environmental Scientist III $55.00/hour CAD Designer $38.00/hour Administrative Coordinator $26.00/hour Land Surveyor IV $52.00/hour Land Surveyor III $48.00/hour Survey Technician III $30.00/hour Technical Intern $24.00/hour Non-professional staff are billed out 1.5 times for overtime hours. 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 109 6 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 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. 110 7 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. 111 8 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 112 9 shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation with statutory limits, and unemployment insurance. 9.8 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non-renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: 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 $1,000,000 each occurrence Damage Single and combined 113 10 In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors & Omissions:$ 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 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. 114 11 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. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA ENGINEER BY: BY: (City Manager)Travis Eickman, PE Bozeman Operations Manager DATE: DATE: ATTEST: BY: (City Clerk) 115 EXHIBIT C-1 North 27th Avenue (Baxter to Cattail) Scope of Work – Pre-Design Services February 27, 2024 The pre-design phase is intended to develop a clear direction for the project to move the project forward to preliminary design. The phase includes the following tasks: Task 1.1 – Project Planning This task includes initial project planning activities to develop scope and budget. Task 1.2 – Survey and Research This task includes surveying the project area. Subtasks include the following: • Office research and computations - Complete research and computations as well as preparation of survey equipment and files required for field survey. This task also includes requesting permission to survey property outside of the existing right of way and easements (approximately 5 parcels) in partnership with the City’s right of way consultant where appropriate. • Horizontal and Vertical Field Control - Establish vertical / horizontal control and provide horizontal control points and vertical benchmarks at each intersection or at intervals not to exceed 1,000 feet. • Topographic Field Survey - Complete a topographic design survey. Survey includes surface features and subsurface utilities, including depth information via measure downs on water, sewer, and storm utilities. Horizontal locations of underground utilities provided by utility locates will be collected. This phase of the project will not include any subsurface utility surveys. Survey area will generally include 50 feet west of mid-section line (Thomas Drive) and 50 feet east of mid-section line (Gallatin Center Partners ownership). Elevation of lowest powerline will be collected near Baxter Lane and Cattail Street for preliminary evaluation of signal and light conflicts. It is anticipated that additional survey will be required in certain areas during the preliminary design phase of the project. • Office Survey Data Processing - Download survey data and prepare topographic mapping drawings using standard Morrison-Maierle line work and symbols. • Property and Easement Research – This task includes preliminary work to identify property boundaries and easements of record based on records available through the Gallatin County Clerk and Recorder. Additional work will be required during preliminary design to prepare easement exhibits where needed for the project. • Right of Way Survey – This task includes the field and office efforts associated with finding an adequate amount of survey monuments in order to establish the approximate location of the existing parcel lines, right-of-way, and applicable easements and incorporating the information in the base map for the project. • Wetland Limits – This task includes collection of delineation flags and processing the data to be included on the base map for the project. 116 • Survey Quality Assurance – Effort is budgeted to allow for review of the boundary survey, office check of survey compared to City record drawings, and field review of completed survey drawing. Task 1.3 – Intersection and Roadway Option Evaluation An existing conditions and investigation task will be completed relative to the intersections of N 27th Ave with Baxter Lane and Cattail Street as identified in the scope of services from Robert Peccia and Associates (RPA). RPA will complete an Intersection Control Evaluation as identified in their scope of services. Concurrent with this work on intersections, up to two (2) options will be developed for roadway alignment and horizontal geometry layout to identify cost, environmental and initial right-of-way impacts, and multimodal accommodations. Exhibits will be developed for intersection and roadway options Preliminary typical sections highlighting the roadway configuration for both alignment options will be generated. These options include using the typical section from the City’s Transportation Master Plan and an option to continue the center median throughout the corridor. These typical section layouts will be updated with the required geotechnical recommendation in Task 1.4. The results of the intersection and roadway option evaluation will be summarized in a brief memorandum. A two (2) hour work session with City Staff will be held to discuss the options and determine the preferred options for the corridor. With the completion of this task, it is anticipated that either City Staff will provide clear direction to move forward on the remaining pre-design tasks or additional services will be requested for public and stakeholder involvement prior to selection of the preferred option. Task 1.4 – Intersection and Roadway Pre-Design After the selection of the preferred intersection control and roadway section is made the selected alternative will be developed to a pre-design level. This will allow for pre-design of other elements of the project and a project cost estimate to be developed. Subtasks include the following: • Intersections Pre-Design Development – The preferred alternative for the intersections of N 27th Ave / Baxter Lane and N 27th Ave / Cattail Street will be developed further to layout roadway transitions and prepare project cost estimate. For the purpose of estimating the required effort for this task and related tasks, it is assumed that one of the intersections will be signalized and one will be a roundabout, if it turns out this assumption is wrong the estimated fee will need to be adjusted. • Typical Section – The preferred typical section(s) for the road will be developed based on Task 1.3 and the geotechnical recommendations. It is anticipated that up to four (4) typical sections will be included. • Signing and Striping – These elements of the project will be minimally developed to determine approximate project costs. • Pre-Design plan layout sheets will be prepared to utilize for project cost estimating and to show approximate right-of-way limits. 117 Task 1.5 - Corridor Lighting Concept This task is limited to compiling an initial lighting layout in order to develop a construction cost estimate. No detailed design or photometrics will be completed as part of this task. Task 1.6 – Sewer and Water Pre-Design Existing water and sewer service locations will be reviewed at a concept level and recommendations will be made for adding services and mains to develop an approximate estimate of project costs. Task 1.7 – Stormwater Pre-Design This task includes preparing a schematic stormwater solution and developing preliminary stormwater calculations to size and locate stormwater facilities for the project. The intent is to allow for construction costs to be developed and approximate right of way needs determined. This task will include preparing pre-design stormwater exhibits. Task 1.8 – Environmental Planning An aquatic feature delineation will be based on the methods presented in the 1987 U.S. Army Corps of Engineers (USACE) Manual and subsequent modifications outlined in the 2010 USACE Supplement. The following investigative activities will be completed and documented in the Aquatic Features Delineation Report. • Off-site data analysis including review of aerial photography, topographic maps, National Wetland Inventory Maps, and county Soil Surveys. • An on-site investigation of the wetlands and waterways. Wetland and waterway boundary points will be collected by a professional land surveyor and post-processed in the office. • Preparation of a wetland/waterway delineation map. • Preparation of a wetland/waterway delineation report of the subject property. Task 1.9 – Geotechnical Investigation This task will include a preliminary geotechnical investigation and recommendations for the pavement section design. The scope of the investigation is fully described in the attached proposal from Allied Engineering Services. Phase 0 services are only included at this time. Task 1.10 – Pre-Design Project Cost Estimate A project cost estimate will be prepared based on the pre-design work. The approximate location and area of additional right-of-way will be identified for use by the City’s Right-of-way Consultant in determining estimated costs to be incorporated into the overall project cost estimate. Task 1.11 – Pre-Design Memo This task will compile and summarize the findings of the pre-design phase of the project. Task 1.12 – Quality Assurance This task includes budget for senior staff to provide quality assurance reviews of the work products. 118 Attachments • Scope of Services – Robert Peccia and Associates • Scope of Services – Allied Engineering Services 119 TO: James Nickelson, PE Morrison-Maierle Senior Engineer FROM: Scott Randall Vice President DATE: January 31, 2024 SUBJECT: Scope of Services City of Bozeman – North 27th Avenue Improvements (Baxter to Cattail) Scope of Services The City of Bozeman wishes to develop improvements to North 27th Avenue between Baxter Lane and Cattail Street. RPA, as a subconsultant to Morrison-Maierle, will provide traffic engineering and support services associated with this project. This scope of services outlines a work plan to fulfil the tasks necessary for the pre-design phase of the project as discussed during a scoping meeting on August 08, 2023. Additional tasks may be amended as the project progresses. • Task 1: Project Management and Administration • Task 2: Existing Conditions and Investigation • Task 3: Alternatives Analysis • Task 4: Design Review and Support • Task 5: Reporting • Task 6: Public and Stakeholder Involvement (future task) Task 1: Project Management and Administration This task includes overall project management aspects associated with managing this project, both internal and external. General management and coordination duties include preparation and attendance for project team meetings; miscellaneous phone conversations and correspondence with the project team; impromptu meetings that are not part of the regularly scheduled meetings; internal project management duties to monitor scope, schedule, and budget; and project invoicing and accounting activities. ASSUMPTIONS: • A project scoping meeting was held with Morrison-Maierle on August 08, 2023. • Project team meetings will be held periodically to review materials and discuss project status. The meetings will be attended by the RPA Project Manager and Lead Designer. Attendance at the meetings is planned to be virtual. TASKS: 1.1. General administration and coordination duties 120 Bozeman N 27th Ave January 31, 2024 Scope of Services Page 2 of 4 1.2. Prepare scope of services, fee estimate, and engineering agreement 1.3. Prepare for and attend up to three (3) virtual project team meetings DELIVERABLES: • Scope, schedule, and fee estimate • Engineering services agreement • Project team meeting materials (as needed) • Monthly invoices and progress reports Task 2: Existing Conditions and Investigation This task involves collecting, reviewing, and developing information necessary for the evaluation of improvement options for the intersections of N 27th Ave with Baxter Lane and Cattail Street. We will utilize any available data provided by the city and collect updated data at spot locations and through field investigation. For existing conditions, we will begin by evaluating available GIS data, plans, and other relevant information. We will supplement the available information with an on-site review to observe and document site conditions and collect existing traffic data. We will use the information to build a base conditions traffic model that accurately reflects existing conditions. ASSUMPTIONS: • Traffic data will be collected at two locations (Baxter Lane and Cattail Street) over a 48-hour period. The data will include vehicles and non-motorists. • Crash data will be requested from MDT and reviewed to identify any safety concerns or trends. • A field review and assessment will be conducted to evaluate site conditions, physical features, driver behavior, and other traffic characteristics to aid in the development of an accurate base conditions traffic model. TASKS: 2.1. Review existing plans, documents, and policies 2.2. Collect and evaluate traffic data 2.3. Request and analyze safety data 2.4. Conduct field review and assessment 2.5. Develop base model of existing conditions DELIVERABLES: • Existing conditions traffic data • Base traffic model Task 3: Alternatives Analysis Working concurrently with the design team, we will assist in developing and evaluating intersection treatment alternatives. For these two termini intersections, we will conduct an Intersection Control Evaluation (ICE) process to thoroughly vet geometric and traffic control solutions and to assist the City of Bozeman in selecting the best choice for each intersection. RPA will document the entire process to ensure transparent, objective, and thoughtful decision making and to gain public trust and support for the selected alternatives. The identified alternatives will be compared using qualitative and quantitative performance metrics such as safety and operational performance, cost and value, environmental and right-of-way impacts, and multimodal accommodations. To better compare the traffic performance of alternatives, calibrated traffic models will be developed. For safety conditions, we will conduct a review of FHWA’s Crash Modification Factors Clearinghouse to estimate the expected safety conditions for each option. The 121 Bozeman N 27th Ave January 31, 2024 Scope of Services Page 3 of 4 results of the evaluation will provide defendable quantitative information to aid in the decision-making process. ASSUMPTIONS: • Improvement options will focus on the intersections at Baxter Lane and Cattail Street. The options will be evaluated using the information from the field review and as provided by Morrison-Maierle and the City of Bozeman. The options will include evaluation of safety, operations, project costs, utility relocations, right-of-way acquisition, and other impacts as outlined in the tiered evaluation process. • Projected traffic conditions will be estimated based on traffic growth estimates in coordination with the City. The projected conditions will be used to ensure adequate project design life and to aid in the pavement section design. • Up to two (2) improvement options for each of the two intersections will be evaluated. Exhibits will be prepared by Morrison-Maierle for each improvement option to help determine potential impacts and cost. TASKS: 3.1. Identify intersection improvement option configurations 3.2. Evaluate projected traffic conditions 3.3. Conduct alternatives analysis (up to 2 options per location) 3.4. Identify recommended improvements DELIVERABLES: • Alternatives analysis results Task 4: Design Review and Support RPA will provide local expertise to aid in pre-design activities including geometric improvements, project development considerations, and electrical design and cost estimating. Our design team will provide miscellaneous review and support for the development and evaluation of improvement alternatives. ASSUMPTIONS: • The review and support will be based on past projects and experience in the Bozeman area. If additional effort is needed above the hours designated for this task, it will be added as an amendment. • This task includes pre-engineering activities necessary for electrical and lighting considerations and cost estimating. Full electrical design for potential traffic signal(s) and lighting will be completed by amendment in a future task. TASKS: 4.1. Review preliminary layouts and configurations 4.2. Provide pre-engineering and cost support for electrical and lighting 4.3. Miscellaneous review and support for pre-design activities DELIVERABLES: • Review comments and feedback • Preliminary cost estimates for electrical and lighting 122 Bozeman N 27th Ave January 31, 2024 Scope of Services Page 4 of 4 Task 5: Reporting This task includes all work necessary to prepare the Traffic Engineering Report. The report will establish existing conditions, identify potential areas of concern, and document the alternatives analysis process. The information is intended to be used as a supplemental technical appendix to the pre-design report developed by Morrison-Maierle. ASSUMPTIONS: • RPA will develop a draft Traffic Engineering Report for review by the City of Bozeman. • RPA will attend necessary review and approval meetings before finalizing the Traffic Engineering Report. TASKS: 5.1. Develop draft Traffic Engineering Report 5.2. Review and approval meetings 5.3. Finalize Traffic Engineering Report DELIVERABLES: • Draft Traffic Engineering Report • Final Traffic Engineering Report Task 6: Public and Stakeholder Involvement (future task) Public and stakeholder will be added through a future amendment after pre-design activities are completed. 123 Project:North 27th Avenue - Baxter to Cattail ROBERT PECCIA & ASSOCIATES Client:Morrison Maierle (City of Bozeman) Fee Estimate for Engineering Services Date:1/31/2024 Senior Manager Lead Designer Senior Planner / PI Traffic Engineer Transpo. Planner Engineering Designer Accounting $ 238.43 $ 204.73 $ 218.31 $ 184.38 $ 153.46 $ 115.02 $ 174.56 TOTAL 1.0 PROJECT MANAGEMENT AND ADMINISTRATION 1.1 General administration and coordination duties 4.0 3.0 7.0 1.2 Prepare scope of services, fee estimate, and engineering agreement 4.0 2.0 1.0 7.0 1.3 Prepare for and attend up to three (3) project team meetings 6.0 3.0 9.0 0.0 14.0 5.0 0.0 0.0 0.0 0.0 4.0 23.0 2.0 EXISTING CONDITIONS AND INVESTIGATION 2.1 Review existing plans, documents, and policies 1.0 4.0 5.0 2.2 Collect and evaluate traffic data 2.0 40.0 42.0 2.3 Request and analyze safety data 1.0 8.0 9.0 2.4 Conduct field review and assessment 6.0 2.0 8.0 2.5 Develop base model of existing conditions 4.0 24.0 16.0 44.0 0.0 14.0 2.0 0.0 28.0 8.0 56.0 0.0 108.0 3.0 ALTERNATIVES ANALYSIS 3.1 Identify intersection improvement option configurations 2.0 4.0 6.0 3.2 Evaluate projected traffic conditions 4.0 16.0 8.0 28.0 3.3 Conduct alternatives analysis 8.0 24.0 16.0 48.0 3.5 Identify recommended improvements 2.0 2.0 8.0 4.0 16.0 0.0 16.0 6.0 0.0 48.0 0.0 28.0 0.0 98.0 4.0 DESIGN REVIEW AND SUPPORT 4.1 Review prelimary layouts and configurations 2.0 8.0 4.0 14.0 4.2 Provide pre-engineering and cost support electrical and lighting 4.0 8.0 12.0 4.3 Misc. review and support for pre-design activities 2.0 8.0 4.0 14.0 0.0 4.0 20.0 0.0 16.0 0.0 0.0 0.0 40.0 5.0 REPORTING 5.1 Develop draft Traffic Engineering Report 8.0 4.0 32.0 4.0 16.0 64.0 5.2 Review and approval meetings 6.0 2.0 4.0 12.0 5.3 Finalize Traffic Engineering Report 2.0 2.0 12.0 2.0 8.0 26.0 0.0 16.0 8.0 0.0 48.0 6.0 24.0 0.0 102.0 6.0 PUBLIC AND STAKEHOLDER INVOLVEMENT (FUTURE TASK) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 64.0 41.0 0.0 140.0 14.0 108.0 4.0 371.0 $ 15,259.78 $ 8,393.93 $ - $ 25,813.20 $ 2,148.44 $ 12,422.16 $ 698.24 $ 64,735.75 Per Hour 2.50$ Hours 324 810.00$ Per Hour 7.00$ Hours 22 154.00$ Per Mile 0.670$ Miles 600 402.00$ Per Day 59.25$ Days 3 177.75$ Per Night 171.00$ Nights 0 -$ Per Hour 20.00$ Hours 96 1,920.00$ DIRECT EXPENSE SUBTOTAL 3,463.75$ 64,735.75$ 3,463.75$ 68,199$ TOTAL: SUMMARY OF ENGINEERING SERVICES Loaded Labor Direct Expense TOTAL PERSON-HOURS DESCRIPTIONTASK Sub Total Hours Sub Total Hours Sub Total Hours Sub Total Hours Sub Total Hours Sub Total Hours Traffic Data Collection (TMC) - Miovision Per Diem - Day Per Diem - Lodging LABOR SUBTOTAL COST DIRECT EXPENSES Computer CADD Mileage 124 February 7, 2024 Morrison Maierle c/o James Nickelson 2880 Technology Blvd. W Bozeman, MT 59718 e-mail: jnickelson@m-m.net (Sent via e-mail only) Re: REVISED Scope and Fee Geotechnical Services for Pre-Design N. 27th Ave. – Baxter to Cattail – Bozeman, MT Dear Mr. Nickelson: This letter provides our proposed REVISED scope and fee for geotechnical services for pre-design of the N. 27th Ave. – Baxter to Cattail project, located on the northwest side of Bozeman. We look forward to being part of the Design Team. Our scope and fee is presented as Phase 0 – Pre-Design Geotech. This revised proposal replaces our original scope and fee letter, which was issued on August 18, 2023. The original proposal included the following three phases and was for all work required for a complete and final geotechnical investigation and report. • Phase 1: Geotechnical Investigation and Report: $30,000 • Phase 2: Additional Borehole Drilling and Report Addendum: $10,000 • Phase 3: 2024 Groundwater Monitoring of On-site MWs: $10,000 Total: $50,000 Reason for Revised Proposal Since the project is only in the pre-design phase, the City would like to do less geotechnical work at this stage of the project in order to reduce some of the front-end costs. The main scope/purpose of the initial geotechnical work, which we are calling Phase 0 – Pre-Design Geotech, is to investigate the soil conditions throughout the project corridor with less explorations and develop some pavement section options for design evaluation and cost estimating. At this point in the project, there is no need for borehole drilling (for traffic signals) and groundwater monitoring. 125 James Nickelson February 7, 2024 Geotechnical Services for Pre-Design N. 27th Ave. – Baxter to Cattail – Bozeman, MT Page 2 Cost Savings in Revised Proposal We are proposing a cost of $15,000 for the Phase 0 – Pre-Design Geotech work. Since this work was included in the Phase 1 work (in the original proposal), the Phase 1 geotechnical budget would then be reduced from $30,000 to $15,000 (if the project moves forward with final design). The cost savings for the Phase 0 work are the result of the following items: • Less test pit explorations. (Note: If needed, more test pits will dug during Phase 1.) • Less lab testing. (Note: If needed, more lab testing will be done during Phase 1). • Design memo with summary of conditions and pavement section options (in lieu of final report). Scope of Work (Phase 0: Pre-Design Geotech) • Subsurface Explorations (Test Pits): o Stake test pit locations prior to utility locate request. o Call in utility locate request. o Dig test pits along corridor during portion of one day. We will plan on digging 6 to 8 test pits at 400 to 500-foot spacing (+/-). Test pits will be dug to depth of 6.0 to 8.0 feet. o Test pits will be dug by sub-contract excavator under field supervision of AESI. Lee Evans (AESI) will be on-site for all test pit work. o All test pits will be backfilled with 4” PVC pipe for use as future GW monitoring wells. o Soil and groundwater conditions will be logged and photographed. o Soil samples will be collected for lab testing. o All test pits will be fully backfilled and staked with identifying lath. • Laboratory Testing of Samples: o Natural moisture content. Tested by AESI. All samples above the groundwater table. o Standard proctors w/ CBRs. Tested by Pioneer Technical Services. We are planning on only testing two samples of the silt/clay. • Geotechnical Analysis and Design Memo: o Analyze pavement section design options. o Prepare a short deign memo, which will include: Summary of site conditions and pavement section options. 126 127 James Nickelson February 7, 2024 Geotechnical Services for Pre-Design N. 27th Ave. – Baxter to Cattail – Bozeman, MT Page 4 If you accept the scope for Phase 0: Pre-Design Geotech for a fixed fee of $15,000, please sign below and e-mail back to me at levans@alliedengineering.com. As stated in the proposal, this fee includes the costs for the sub-contact excavator, sub-contract lab testing, and groundwater monitoring well supplies. By: ______________________________ Signature: ____________________________ (print) Date: ______________________ Mailing Address: ______________________________________ ______________________________________ ______________________________________ Phone Number: _______________________________________ Cell Number: _______________________________________ E-mail Address: _______________________________________ P:\2023\23-108 N. 27th Ave. – Baxter to Cattail - Geotech\Project Management\Proposals\2024_02_07 N. 27th Ave. – Baxter to Cattail - Geotech Proposal – Pre-Design 128 February 7, 2024 Geotechnical Services for Pre-Design N. 27th Ave. – Baxter to Cattail – Bozeman, MT Page 1 of 4 AGREEMENT FOR PROFESSIONAL SERVICES (for fixed fee contracts) The Agreement This agreement is made by and between Allied Engineering Services, Inc. of 32 Discovery Drive, Bozeman, Montana, 59718, hereinafter referred to as AESI, and Morrison Maierle, hereinafter referred to as CLIENT. This agreement between the parties consists of these terms and the attached proposal and any exhibits or attachments noted in the proposal. Together, these elements will constitute the entire agreement, superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing. If this proposal is not accepted within one month of the proposal date, AESI reserves the right to amend or withdraw the proposal as appropriate. Standard of Care Services provided by AESI under this agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing contemporaneously under similar conditions in the locality of the project. CLIENT and their agents shall examine and respond to AESI's submissions; and give prompt written notice to AESI whenever CLIENT observes or otherwise becomes aware of any defect in the work. Of significance with respect to this provision is a contractor’s responsibility to check designs and staking during construction. Site Access and Site Conditions CLIENT shall grant or obtain free access to the site for all equipment and personnel necessary for AESI to perform the work set forth in this agreement. AESI will take reasonable precautions to minimize damage to the site, but it is recognized by CLIENT that, in the normal course of work some damage may occur (such as may result from gaining access with vehicles, or by subsurface explorations) and the correction of such damage is not part of this agreement unless so specified in the proposal. CLIENT shall furnish all available records (as-built drawings, construction records, etc.) indicating the existing site conditions including locations of all underground structures and utilities. AESI will take reasonable precautions to avoid known underground structures or utilities, but CLIENT agrees to hold AESI harmless from any damages that may result due to underground structures or utilities that were not identified or accurately located. Basis of Fees for Professional Services CLIENT agrees to pay AESI on a fixed fee basis for the scope of work described in the attached proposal. If it becomes necessary to increase the scope of work for reasons not in the control of AESI, additional services will be charged on a time and materials basis with prior approval from the client. For 129 February 7, 2024 Geotechnical Services for Pre-Design N. 27th Ave. – Baxter to Cattail – Bozeman, MT Page 2 of 4 reimbursable expenses and services provided by independent professional associates, consultants or subcontractors employed by AESI, CLIENT agrees to pay the amount billed to the AESI times a factor of 1.10. Billable hourly rates for the various categories of employees are summarized as follows: Employee Category Billable Hourly Rate Engineer VIII $205/hour Engineer VII $180/hour Engineer VI $155/hour Engineer V $145/hour Engineer IV $130/hour Engineer III $115/hour Engineer II $105/hour Engineer I $95/hour Surveyor VI $180/hour Surveyor V $145/hour Surveyor IV $130/hour Surveyor III $120/hour Surveyor II $100/hour Surveyor I $90/hour Sr. CAD Designer $115/hour CAD Technician $100/hour Environmental Specialist $130/hour Project Representative $95/hour Intern $65/hour Administration $60/hour GPS Use $25/hour Total Station Use $20/hour Drone $50/day LiDar Drone $150/hour – 4 hour min. ATV Use $25/hour Nuclear Densometer $10/hour or $40/day Concrete Cylinder Break $10/each Mileage/Truck Rental $0.75/mile or minimum $35/day Aquifer Monitoring Equipment $200/month or $75/week Monitor Well Kits $40/each • Hourly rates and staff classifications are reviewed by our Board of Directors annually and may be subject to change. Reimbursable Expenses Reimbursable Expenses mean the actual expenses incurred by AESI in connection with the Project, such as expenses for: transportation; subsistence; toll telephone calls; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-related items; computer time; equipment rental; and if authorized in advance by CLIENT, overtime work requiring higher than regular rates. 130 February 7, 2024 Geotechnical Services for Pre-Design N. 27th Ave. – Baxter to Cattail – Bozeman, MT Page 3 of 4 Billing and Payment AESI shall submit invoices monthly and/or at project milestones for services rendered and for reimbursable expenses incurred. AESI also reserves the right to require full payment of any outstanding invoices and/or full payment of said contract prior to submittal of deliverables to the CLIENT. If CLIENT disputes the amount of a billing, CLIENT will notify AESI in writing within ten (10) calendar days of the receipt of bill of the dispute. Payment is due thirty (30) calendar days from the date of bill. CLIENT agrees that interest at the maximum rate allowed by law will accrue on all amounts past due, and that failure to pay AESI within sixty (60) days may be considered a breach of this agreement. CLIENT also agrees to pay all collection fees if collection services become necessary. Termination CLIENT shall have the right to terminate this agreement at any time by giving written notice to AESI. This agreement may be terminated by AESI in the event of substantial failure of performance by CLIENT, or if CLIENT suspends the work for more than three (3) months. In the event of termination, AESI will be paid for services performed prior to the date of termination. If the agreement is terminated by CLIENT, AESI shall also be entitled to reasonable termination expenses, including, but not limited to the cost of completing records, and reports necessary to document job status at the time of termination. Legal Relations AESI shall comply with all Federal, State, and Local laws and ordinances applicable to the work to be done. AESI hereby agrees to indemnify and hold CLIENT harmless from all claims and liability due to the activities of AESI, their agents, employees, or both in performing the work required. Any and all employees of AESI engaged in the performance of work or services required by this agreement shall be considered employees of AESI only and not of the CLIENT. The CLIENT hereby agrees to indemnify and hold the AESI harmless from all claims and liability due to the activities of CLIENT, their agents, employees, or both, in performing the work required. AESI is and shall perform this agreement as an independent contractor, and as such, is responsible to the CLIENT 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 of this agreement. AESI 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. This Agreement applies to and shall be binding on the heirs, personal representatives, successors and assignees of the respective parties. The CLIENT hereby guarantees the performance of the terms and conditions contained and set forth in this contract to be kept and performed on the part of the Owner, including but not limited to, the promise to pay for services and materials rendered. In this regard should the owner company not pay 131 February 7, 2024 Geotechnical Services for Pre-Design N. 27th Ave. – Baxter to Cattail – Bozeman, MT Page 4 of 4 its invoices when due, Allied may proceed directly against the undersigned personally and individually, jointly or severally without exhausting its remedies as to the owner company. This provision shall be construed according to the laws of the State of Montana. Limitations AESI takes no responsibility for hazardous materials or similar unknown site/building conditions that may exist at the project. While AESI is responsible for its own employees, AESI takes no responsibility for jobsite and worker safety and for construction means, methods, techniques, sequences and procedures of other companies. Lastly, CLIENT agrees to limit AESI’s liability for all causes, including errors, omissions, and negligence, to an amount not to exceed two times the sum total of AESI invoices to the CLIENT for the project in question. 132 TASK TOTAL SUPERVISING SUPERVISING SENIOR DESIGN DESIGN ENGINEER ENGINEER ENV LAND LAND SURVEY CADD TOTAL COSTEXPENSESHOURSENGINEER III ENGINEER II ENGINEER I ENGINEER II ENGINEER I INTERN II INTERN I SCIENTIST III SURVEYOR IV SURVEYOR III CREW DESIGNER II CLERICAL FOR TASKPre-Design Task 1.1 Project Planning General Project Management 16 16Miscellaneous Expense -$ Total for Task -$ 16 16 3,908$ Task 1.2 - Survey and Research Office Research and Computations 24 10 14Obtain Access Permission for Survey 8 8Horizontal and Vertical Control 10 6 4Topographic Field Survey 60 28 32Office Survey Data Processing 48 16 32Property and Easement Research 12 12 Right of Way Survey 12 8 4Wetland Flag Pickup 4 4Utility Company Coordination 8 8Survey Quality Assurance 12 8 4Survey Equipment 2,400$ Miscellaneous Expense 500$ Total for Task 2,900$ 198 8 42 76 40 32 38,580$ Task 1.3 Intersection and Roadway Option EvaluationProject Coordination 12 4 4 4Horizontal Alignment 24 4 20Preliminary Typical Sections 14 2 4 8 Striping Layout 24 4 4 16Right of Way Layout 4 4Exhibits2624 12 8Intersection and Roadway Option Evaluation Memo 20 4 16Work Session with City Staff 8 4 4 Robert Peccia and Associates 60,201$ Miscellaneous Expense 500$ Total for Task 60,701$ 132 14 14 60 36 8 84,375$ Task 1.4 Intersection and Roadway Pre-Design Project Coordination 8 4 4Intersection Layout Refinement 20 4 16Finalize Typical Sections 18 2 8 8Finalize Striping Layout 22 2 8 12Right of Way Approximate Layout 8 8 Pre-Design Plan Layout Sheets 34 2 24 8Robert Peccia and Associates 5,704$ Miscellaneous Expense 500$ Total for Task 6,204$ 110 6 8 68 28 25,751$ Task 1.5 Cooridor LightingProject Coordination 3 1 2Robert Peccia and Associates 2,294$ Miscellaneous Expense -$ Total for Task 2,294$ 3 1 2 2,896$ Task 1.6 Sewer and Water Pre-DesignProject Coordination 1 1Sewer and Water Review 8 8Miscellaneous Expense -$ Total for Task -$ 9 1 8 1,785$ Task 1.7 Stormwater Pre-DesignProject Coordination 2 2Stormwater Calculations 40 40 Stormwater Design 24 24Miscellaneous Expense 50$ Total for Task 50$ 66 2 40 24 12,537$ Task 1.8 Environmental Planning Project Coordination 4 2 2Wetland Delineation 24 2 22Miscellaneous Expense 50$ Total for Task 50$ 28 2 2 2 22 5,272$ Task 1.9 Geotechnical InvestigationProject Coordination 6 4 2Geotechnical Investigation & Recommendations (AES)15,000$ Miscellaneous Expense -$ Total for Task 15,000$ 6 4 2 16,307$ Task 1.10 Pre-Design Cost EstimateProject Coordination 2 2Quantity Take Off 60 8 32 20Unit Pricing 10 2 8 Miscellaneous Expense 50$ Total for Task 50$ 72 2 10 40 20 12,510$ Task 1.11 Pre-Design MemoProject Coordination 2 2 Pre-Design Memo Preparation 32 4 4 16 8Miscellaneous Expense 50$ Total for Task 50$ 34 6 4 16 8 5,836$ Task 1.12 Quality Assurance Quality Assurance 24 12 12Miscellaneous Expense 50$ Total for Task 50$ 24 12 12 5,788$ SUBTOTAL OF STAFF HOURS REQUIRED 698 66 34 70 212 86 22 42 78 40 40 8HOURLY PAY RATE $71 $68 $56 $52 $48 $42 $36 $54 $50 $48 $74 $38 $25MULTIPLIER3.44 3.44 3.44 3.44 3.44 3.44 3.44 3.44 3.44 3.44 3.44 3.44 3.44HOURLY RATE $244 $234 $193 $179 $165 $144 $124 $186 $172 $165 $255 $131 $86 LABOR COST BY POSITION $16,120 $7,953 $13,485 $37,923 $12,425 $4,087 $7,224 $12,879 $10,182 $5,229 $688TOTAL LABOR: $128,195TOTAL EXPENSES 87,349.00$ TOTAL COST OF PHASE: $215,544 215,544$ STAFF HOUR ESTIMATE EXHIBIT D-1 - Engineering Fee Estimate North 27th Ave (Baxter to Cattail) - Pre-Design Services Page 1 133 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with HDR for the Bridger Creek Flood and Erosion Control Project MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign Amendment No. 1 to the Professional Services Agreement with HDR for the Bridger Creek Flood and Erosion Control 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 Amendment No. 1 to the Professional Services Agreement with HDR for the Bridger Creek Flood and Erosion Control Project. The document is in the City’s standard format. The original Professional Services Agreement was for the predesign services only. In that phase the consultant completed the surveying, wetland delineation, and provided an alternative analysis to mitigate the flooding and erosion problems near Boylan Road. This amendment will add the design phase service for the recommended alternatives and the permitting required for construction of those alternatives. The original agreement can be found at: https://weblink.bozeman.net/WebLink/DocView.aspx? id=269426&dbid=0&repo=BOZEMAN&cr=1 UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Addition of $33,565.00 to be paid from the Street Maintenance Fund. (STR104). Attachments: 134 Amendment 1 - Bridger Creek.pdf Amendment 1 Scope & Fee.pdf Report compiled on: March 12, 2024 135 1 Amendment No. 1 to Professional Services Agreement For Bridger Creek Flood and Erosion Control Project THIS AGREEMENT is made as of this ________ day of ____________________, 2024, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER and HDR Engineering, Inc. (“HDR”), an Engineering Consulting Firm of Bozeman, Montana, herein referred to as ENGINEER. WHEREAS, the parties have entered into a Professional Services Agreement dated December 7, 2022, 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: See attached ATTACHMENT 1: Bridger Creek Flood and Erosion Control Project – Amendment No. 1. COMPENSATION: The anticipated level of effort for the task is increased by the attached hours spreadsheet, to be billed as time and materials, not to exceed. Original Compensation: $20,556.00 Amendment 01: $33,565.00 Total Compensation: $54,121.00 136 2 Except as specifically amended herein, the original agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN By: ______________________________________ ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM By:____________________________________ City Attorney ENGINEER By:_______________________________________ Its:______________________________________ ATTEST: By:___________________________________ 137 Amendment 1 | BRIDGER CREEK FLOOD AND EROSION CONTROL PROJECT February 12, 2024 1 of 4 Attachment 1 – Bridger Creek Flood and Erosion Control Project - Amendment No. 1 Introduction The following amendment is to provide engineering services to the City of Bozeman (COB) to finalize design, permitting and construction services for the Bridger Creek Flood and Erosion Control Project. The COB has reviewed and provided comments on HDR’s Preliminary Engineering Report (PER) that presents a 10% design for alternatives to limit water from Boylan Road and mitigate the threat of erosion to Boylan Road. The selected alternative includes a buried rock barrier and a berm to meet the project objectives. Project Schedule The project schedule is set with the goal that construction of this project will take place prior to May 2024. Assumptions: · Notice to Proceed (NTP) will be received by HDR prior to February 22, 2024. · COB will provide review comments of all deliverables within 2 weeks of submission. · Regulatory agencies will grant permits within 45 days of submission. Amendment No.1 Task 1: Project Management and Quality Assurance/Quality Control Services Description of Work: The scope, schedule, and budget will be monitored. Each deliverable will be reviewed to verify work products meet the standard of care. Sub Tasks: 1.1 - PROJECT MANAGEMENT & COORDINATION OF WORK This task includes project management services during the entire life of the project, including: · Monthly Invoicing and Monthly Reports · Project Delivery Administration: Budget & Schedule Controls · Quality Assurance/Quality Control Services o Review of each deliverable according to HDR’s quality management procedures. o Quality Assurance/Quality Control is integrated into each deliverable’s budget. Assumptions: · Project management effort is a function of the project duration and is based on the schedule included with this scope of services. NTP is anticipated in January 2024, with 138 Amendment 1 | BRIDGER CREEK FLOOD AND EROSION CONTROL PROJECT February 12, 2024 2 of 4 participation assumed to be completed in May 2024. Additional project coordination or an extended project schedule may require a contract amendment. Deliverables: · Monthly invoice and project status updates. Task 2: Hydraulic Analysis and Design Description of Work: Task includes updating the design and preparation of plans and specifications for the proposed restoration work. Sub Tasks: 2.1 – HYDRAULIC MODEL The hydraulic model submitted to the City for the Legends subdivision, considered best available data (HEC-RAS 2D format), for Bridger Creek will be used to determine hydraulic design parameters and to inform permit applications. This hydraulic model will be referenced in the design and used to assess project impacts for the floodplain permit application. 2.2 – DESIGN AND LAYOUT Results of Subtasks 2.1 will be used to prepare plans, and engineer’s estimate of probable costs for construction of the preferred alternative outlined in the Preliminary Engineering Report (PER). HDR will perform calculations, size and quantify rock for the barrier, and prepare specifications for inclusion on the plan set. HDR will prepare and deliver 95% design plans to the COB for review and comment prior to completion of the plans. HDR will lead a 95% design review meeting with the COB. Upon acceptance of the 95% design, HDR will develop the 100% design plans. Assumptions: · Addressing eroding banks, channel modifications, or potential avulsion at other locations within the project reach are not included. · Topographic survey data from the previous phase will be used for project layout and no additional survey collection will be required. · The proposed berm will be tied into existing contours. · The effective “best available data” hydraulic model is readily available from the COB at no cost to HDR and will be used to inform permit applications. · Specifications for construction of the project will be included on the drawings prepared by HDR. · COB will provide review comments within two (2) weeks of receiving documents. · Design of utility relocation (if necessary) is not included. · Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no 139 Amendment 1 | BRIDGER CREEK FLOOD AND EROSION CONTROL PROJECT February 12, 2024 3 of 4 control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. Deliverables: · 95% Design Documents (electronic PDF copy) · 100% Design Documents (electronic PDF copy) · Engineer’s Opinion of Probable Construction Costs (electronic PDF for 100% Design) Task 3: Permitting Description of Work: HDR will prepare a Joint Permit Application (JPA) and coordinate with permitting agencies. Sub Tasks: 3.1 – PERMITTING AGENCY COORDINATION HDR will explain project goals, design background and construction plans. Coordination will take place after submittal of JPA to obtain permits. 3.2 – JOINT PERMIT APPLICATION (JPA) HDR will prepare a JPA for submittal to permitting agencies. Assumptions: · Applicable permits and agencies are: US Army Corps of Engineers (404 permit), Montana Fish Wildlife and Parks (124 permit), Montana Department of Environmental Quality (318 authorization), and City of Bozeman (floodplain permit). · Neither State nor Federal “Navigable River” permits will be required. · Neither stream nor wetland mitigation will be required by the US Army Corps of Engineers under their 404 permit. · A 404 permit will be applied for but not required. · An MT-2 form or Certified Letter of Map Revision (CLOMR) will not be required. If one is required, this work will require an amendment. · Hydraulic modeling will result in <0.5’ rise in the BFE documentation for floodplain permitting. · Receipt of a floodplain permit will not involve a submittal to or review by the Montana Department of the Natural Resources and Conservation (DNRC) or the Federal Emergency Management Agency (FEMA). Hence, there is assumed to be no effort involved in corresponding with either DNRC or FEMA. · Permit application fees are not included in the project budget and will be the responsibility of the City of Bozeman. · Permit packages will be delivered to the City of Bozeman for submittal to regulatory agencies. 140 Amendment 1 | BRIDGER CREEK FLOOD AND EROSION CONTROL PROJECT February 12, 2024 4 of 4 · Construction stormwater permits are not included and will be obtained by the selected contractor. · Level of effort to address permitting agency request for additional information is assumed to require 2 hours of time for budgetary purposes. Greater level of effort may require a contract amendment. Deliverables: · Project Joint Permit Application. · Certified Technical Memorandum documenting design intent and methodology. 141 1 - Project Manager General - Dan March2 - Business Group Leader - Cora Revis3 - Quality Control Reviewer-Civil - Ben Fennelly5 - EIT Water Resources - Heather Nold6 - CADDTechnician Civil 3 - Heather Fancher7 - Quality Control Reviewer - Paden KaufmanTotal Budget Task Task Description Status PJM15 MGT47 QCR10 EWR10 CCI03 QCR10-1 TOTAL HOURS LABOR COSTS EXPENSES TOTAL COST 1.1 Project Management and Coordination of Work .12 2 8 22 3,780$ 50$ 3,830$ Subtotal (excluding optional)12 2 0 0 0 8 22 3,780$ 50$ 3,830$ 2.1 Hydraulic Model .6 4 40 50 6,654$ -$ 6,654$ 2.2 Design and Layout . 95% Design . 20 2 40 32 94 14,027$ 50$ 14,077$ 100% Design . 5 2 8 8 23 3,697$ 50$ 3,747$ 2.3 95% Design Review Meeting . 4 4 8 1,238$ -$ 1,238$ Subtotal (excluding optional)35 0 8 92 40 0 175 25,615$ 100$ 25,715$ 3.1.1 Permit Agency Coordination .6 8 14 2,075$ 200$ 2,275$ 3.1.2 Joint Permit Application .2 1 8 11 1,545$ 100$ 1,645$ Subtotal (excluding optional)8 0 1 16 0 0 25 3,620$ 400$ 4,020$ 55 2 9 108 40 8 222 33,015$ 550$ 33,565$ HDR Task 1 Project Management and QA/QC Services Task 2 Hydraulic Analysis and Design Task 3 Permitting Other Direct Costs 142 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize the City Manager to Sign an Amendment 1 to Sanderson Stewart Contract for Westlake Park MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign the First Amendment to Sanderson Stewart Contract for Westlake Park STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:This amendment will allow Sanderson Stewart to move forward to the construction oversight phase of the Westlake Park Improvements project (site plan application 21335). Additional services are needed because no bids were received after two rounds of advertising the construction project. Sanderson Stewart has assisted in the coordination with potential contractors and dividing the construction project into civil and landscaping solicitations. UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission FISCAL EFFECTS:Additional funding is necessary to complete the project due to inflation and added scope of work for the project engineer. Additional funds have been allocated from Midtown TIF in an amount sufficient to cover this contract amendment. Attachments: PSA Amendment Sanderson Stewart Westlake.docx Services_Agreement_Amendment_No._2.pdf Report compiled on: May 5, 2023 143 Second Amendment to Professional Services Agreement for Parks, Recreation and Active Transportation Plan FY 2023 – FY 2025 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks, Recreation and Active Transportation Plan dated July 13, 2021 (the “Agreement”) is made and entered into this _____ day of ____________, 2023, by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and SANDERSON STEWART, 106 East Babcock, Suite L1, 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.Extension of Term. Section 2 of the Agreement is extended until September 30, 2024. 2.Change to Scope of Services. Section 3 of the Agreement is changed to include the elements described in Exhibit A: Services Agreement – Amendment No. 2. 3.Payment. Section 4 of the Agreement is changed to reflect the additional Scope of Services. The project cost is not to exceed $98,000. 4.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. 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 **** 144 Second Amendment to Professional Services Agreement for Parks, Recreation and Active Transportation Plan FY 2023 – 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 SANDERSON STEWART, CONTRACTOR By________________________________By_____________________________ Jeff Mihelich, City Manager Danielle Scharf, Principal APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 145 __________ PM Initials SERVICES AGREEMENT - AMENDMENT NO. 2 1. Project/Services Agreement Information Project Name: Westlake Park BMX Track – Landscape & Design Sanderson Stewart Project Number: 18098.18 Client Name: City of Bozeman Parks & Recreation Effective Date of Original Subconsultant Services Agreement: 12/22/2020 2. Description of Services Agreement Modifications Construction administration, inspection and staking services for the Westlake Park Improvements project located on 5th Ave, Bozeman, Montana. Amendment No. 1 originally included some of these services, but the fee ended up being allocated to multiple rounds of bidding services instead. A bid for the civil-related services will soon be accepted by the City of Bozeman. One additional round of bidding is anticipated for the remaining landscape and irrigation services. Amendment No. 2 scope of work includes the following items: • Bidding Documents – Sanderson Stewart will provide one final round of revised construction bid documents for the landscape and irrigation bid package and the following bidding services as outlined below: o Limited bid solicitation to short list of interested contractors o Revised form of bid/bid bond/special provisions/instructions to bidders o Review bids and prepare bid tabulation o Prepare final contract documents • Construction Administration Services – Sanderson Stewart will provide limited inspection services for Westlake Park as described in Services Agreement – Amendment No. 1. Due to the nature of two separate bid packages, the Civil bid package and Landscape bid package, coordination between contractors and between bid phases will result in additional time and resources. Scope of work is as follows: o Facilitate pre-construction meeting, prepare agenda, distribute minutes o Pay applications review o Field reports – for site visits required o Shop drawing submittal review o Respond to contractor RFI’s o Full-time inspection for storm pipe re-route 146 o Part-time inspection for hardscape site improvements o Coordinate materials testing with City’s on-call testing consultant o Planting site inspection o Irrigation testing inspection o Substantial completion walkthrough o Substantial completion punch list o Final completion walkthrough to verify completion of punch list items • Construction Staking – Sanderson Stewart will provide construction layout for the proposed improvements, including the following: o Stake subgrade cuts for the plaza/trails one time; 25-foot spacing; 2 to 3- foot offset from edge of plaza/trails o Stake horizontal layout of retaining wall with vertical benchmark for grade one time o Stake pipe, manhole, inlet, chamber locations one time 3. Fee Modifications Original services agreement fee: $ 23,000.00 Total fees for prior Amendments: $ 27,000.00 Total services agreement fee with prior Amendments: $ 50,000.00 Proposed fee for this Amendment: $ 48,000.00 Total services agreement fee with all Amendments: $ 98,000.00 Client and Sanderson Stewart hereby agree to modify the above-referenced Services Agreement as set forth in this Amendment. All provisions of the Services Agreement not specifically modified by this, or any prior Amendments shall remain in effect. The effective date of this Amendment shall be the signature date of the Client as shown below. CLIENT SANDERSON STEWART Signature: Signature: Printed: Printed: Title: Title: Date: Date: 147 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign an Amendment One to the Professional Services Agreement with Advanced Engineering and Environmental Services Inc. (AE2S) for the 2022 Drought Tool Improvements MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment One to the Professional Services Agreement with Advanced Engineering and Environmental Services Inc. (AE2S) for the 2022 Drought Tool Improvements. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:In 2015, the City’s Water Conservation Division entered into a Professional Services Agreement with AE2S for the development of the 2017 Drought Management Plan and accompanying drought assessment tool. The drought tool - a key component to ongoing drought monitoring efforts, compiles selected local and regional water supply parameters for evaluation, generating a drought score for each parameter. The drought score of each parameter is weighted and collectively used to generate an overall drought score that corresponds to drought stages outlined in the City's most recently adopted 2022 Drought Management Plan. The 2022 drought tool updates included the incorporation of additional local and regional water supply indicators. Additional local water supply indicators included Lick Creek snow water equivalent to evaluate mid- elevation snowpack, Gallatin River streamflow near Gallatin Gateway to evaluate stream flows upstream of agricultural diversions, and local evapotranspiration data which corresponds directly to increased water demand in the City. Additional regional water supply indicators included the Evaporative Demand Drought Index (EDDI) and Standardized Precipitation Evapotranspiration Index (SPEI). The EDDI and SPEI are becoming more widely utilized drought indicators throughout the West due to their ability to evaluate not only precipitation (as many other drought indices do), but also the impacts of temperature and evapotranspiration. Amendment One to the 2022 drought tool updates includes additional improvements to allow staff to easily and accurately track seasonal drought status by creating a data evaluation section in the tool for 'summertime' and 148 'wintertime' weighting factors, revised calculations to allow staff to modify drought index weighting factors and stage triggers as needed to support improved accuracy for tracking drought status, and programming to incorporate the EDDI index into the drought score with an ability to modify the weighting factor attributed to that index to better evaluate regional drought status. The drought tool is the foundation upon which the Water Conservation Division monitors local water supplies to make proactive, data driven decisions regarding drought stage declaration recommendations. The improvements to the drought tool outlined in this Amendment One to the Professional Services Agreement dated March 22, 2022 will provide staff with improved data to more accurately monitor and evaluate the City’s drought status. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:Total costs for this work are $4,880.00 and will be paid for out of the Water Conservation Division professional services fund. Attachments: Amendment One_PSA_AE2S_Drought Tool Improvements.pdf Attachment A_Drought Tool Improvements_Amendment One.pdf Report compiled on: March 14, 2024 149 1 Amendment No. One to Professional Services Agreement for Bozeman Drought Tool Improvements THIS AGREEMENT is made as of this ________ day of ____________________, 2024, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as CITY and Advanced Engineering and Environmental Services, LLC an Engineering Consulting Firm of Bozeman, Montana, herein referred to as Consultant. WHEREAS, the parties have entered into a Professional Services Agreement dated March 22, 2022, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: Amend Section 1. Purpose: of the Original Agreement to add a new paragraph to read: City and Consultant agree to incorporate and Consultant agrees to perform additional Scope of Services attached hereto as “Attachment A – Drought Tool Improvements – Amendment One”. Amend Section 4. Payment for Scope of Services: of the Original Agreement to add a new paragraph to read: City agrees to pay Consultant for the completion of the additional Scope of Services attached hereto as “Attachment A – Drought Tool Improvements – Amendment One” a lump sum amount of $4,880.00. The Consultant’s billing rates in $/hr for the tasks included in this Amendment range from $140 to $244. 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. ****END OF AGREEMENT EXCEPT FOR SIGNATURES**** 150 2 IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES. LLC ___________________________________ ___________________________________ Chuck Winn Zach Magdol City Manager Operations Manager ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM ____________________________________ Greg Sullivan City Attorney 151 ATTACHMENT A – Drought Tool Improvements - Amendment No. 1 SCPORE OF SERVICES 2024 Updates Project Objectives and Deliverables • Develop v5 of the spreadsheet based drought tracking model for the City of Bozeman Scope & Fee Description • 1.1 Revise calculations so that index weights and drought triggers are adjustable via the main Weight Factors summary table • 1.2 Develop a “Wintertime” and “Summertime” Daily Tracking tab so that differences in weights (user entered or seasonal) can be compared • 1.3 Program in EDDI to overall Drought Score with ability to modify weight Fee Estimate Task Total Hours 1.1 8 1.2 4 1.3 8 Total 20 Total Fee: $4,880 152 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 5492, Adoption of the Walker Subdivision Lot 5, Block 1 Annexation, Annexing Approximately 2.552 Acres and Adjacent Rights-of- Way, the Property is Located on the North Side of Campbell Road Between Gibson and Kean Drives, Application 22125 MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5492 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 unanimously approved Application 22090 on December 20, 2022, to annex 2.05 acres and establish an initial zoning designation of R-3, Residential Moderate Density District, subject to terms of annexation and contingencies for zoning. Final documents and easements were received by the Applicant and a signed annexation agreement was received on March 5, 2024. The Commission included a notice to current and future owners of the property that, “The property owner understands that the City of Bozeman may, in the future, put in a shared use path in front of or adjacent to this property.” The property is located on the north side of Campbell Road between Gibson and Kean Drives. The annexation will bring in additional right of way adjacent to the property. The property is currently vacant with no existing development or city services on the parcel. The applicant has been working through the lengthy process of securing proper floodplain permits from the Army Corps of Engineers. All necessary permits are in place. UNRESOLVED ISSUES:None 153 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: 012 Lot 5 Annex Legal Description.pdf Walker-Thompson Annexation Doc Signed.pdf 22125 Walker Sub Annex Resolution 5492.pdf Report compiled on: March 7, 2024 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Version April 2020 Page 1 of 3 RESOLUTION 5492 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN 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 TRACTS, KNOWN AS THE WALKER SUBDIVISION LOT 5, BLOCK 1, ANNEXATION, APPLICATION 22125. WHEREAS, the City of Bozeman received a petition for annexation from William Thompson requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 2.552 acres, located northwest of the intersection of Campbell Road and Gibson Drive; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on November 15, 2022 and continued to December 20, 2022; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on November 15, 2022 and December 20, 2022; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on March 26, 2024, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and 173 Version April 2020 Page 2 of 3 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. 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 2.552 acres, to wit: Legal Description A parcel of land in the Walker Property Subdivision, being Lot 5, Block 1, and the adjacent 60 foot Right-Of-Way of Campbell Road, located in the Southwest Quarter of Section 25, and the Southeast Quarter of Section 26, Township 1 South, Range 5 East of the Principal Meridian of Montana, Gallatin County, Montana, being further described as follows: Beginning at the Southeast Corner of said Lot 5, Block 1, Walker Property Subdivision. Thence South 65º03’49” West, a distance of 60.00 feet to a point on the southwest right- of-way line of Campbell Road. Thence North 24º56’11” West, a distance of 139.23 feet along said southwest right-of-way line. Thence continuing along said southwest right-of- way line, along a 568.13 foot radius curve to the left, through a central angle of 22º08’13”, an arc distance of 219.50 feet. Thence North 42º55’36” East, a distance of 60.00 feet to the southwest corner of said Lot 5. Thence North 42º55’36” East along the westerly line of said Lot 5, a distance of 242.54 feet. Thence along the northerly line of said Lot 5 the following two courses: North 88º35’48” East, a distance of 110.00 feet. Thence South 22º18’16” East, a distance of 171.47 feet. Thence along the easterly line of said Lot 5, South 22º10’06” West, a distance of 370.38 feet, to the Point of Beginning. Said parcel of land being 111,184 square feet (2.552 acres), along with and subject to all 174 Version April 2020 Page 3 of 3 existing easements of record or apparent on the ground. All as depicted on the WALKER Annexation Map. Section 2 The effective date of this annexation is March 26, 2024. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26th day of March, 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 175 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 2140, Provisional Adoption, Establishing a Zoning Designation of R-3, Residential Moderate Density District, in Association with the Annexation of 2.552 Acres, the Walker Subdivision Lot 5, Block 1 Annexation, the Property is Located on the North Side of Campbell Road between Gibson and Kean Drives, Application 22125 MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2140 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 unanimously approved Application 22090 on December 20, 2022, to annex 2.552 acres and establish an initial zoning designation of R-3, Residential Moderate Density District, subject to terms of annexation and contingencies for zoning. Final documents and easements were received by the Applicant and a signed annexation agreement was received on March 5, 2024. The Commission included a notice to current and future owners of the property that, “The property owner understands that the City of Bozeman may, in the future, put in a shared use path in front of or adjacent to this property.” The property is located on the north side of Campbell Road between Gibson and Kean Drives. The annexation will bring in additional right of way adjacent to the property. The property is currently vacant with no existing development or city services on the parcel. The applicant has been working through the lengthy process of securing proper floodplain permits from the Army Corps of Engineers. All necessary permits are in place. UNRESOLVED ISSUES:None 176 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: 22125 Walker Sub ZMA Ordinance 2140.pdf 011 ZMA Exhibit.pdf Report compiled on: March 7, 2024 177 Ord 2140 Page 1 of 5 ORDINANCE 2140 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 2.552 ACRES AS R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT, KNOWN AS THE WALKER SUBDIVISION LOT 5, BLOCK 1 ZONE MAP AMENDMENT, APPLICATION 22125. 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-3 (Residential Moderate Density District) for approximately 2.552 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on October 17, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and 178 Ordinance No. 2140, Walker Subdivision Lot 5, Block 1 ZMA Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22125 the Walker Subdivision Lot 5, Block 1 Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on November 15, 2022 and continued to December 20, 2022, 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 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, 179 Ordinance No. 2140, Walker Subdivision Lot 5, Block 1 ZMA Page 3 of 5 staff analysis and report, and all submitted public comment recommended approval of the requested R-3 district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the Walker Subdivision Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as R-3, Residential Medium Density District: An area of land comprised described as follows: A parcel of land in the Walker Property Subdivision, being Lot 5, Block 1, and the adjacent 60 foot Right-Of-Way of Campbell Road, located in the Southwest Quarter of Section 25, and the Southeast Quarter of Section 26, Township 1 South, Range 5 East of the Principal Meridian of Montana, Gallatin County, Montana, being further described as follows: Beginning at the Southeast Corner of said Lot 5, Block 1, Walker Property Subdivision. Thence South 65º03’49” West, a distance of 60.00 feet to a point on the southwest right- of-way line of Campbell Road. Thence North 24º56’11” West, a distance of 139.23 feet along said southwest right-of-way line. Thence continuing along said southwest right-of- way line, along a 568.13 foot radius curve to the left, through a central angle of 22º08’13”, an arc distance of 219.50 feet. Thence North 42º55’36” East, a distance of 60.00 feet to the southwest corner of said Lot 5. Thence North 42º55’36” East along the westerly line of said Lot 5, a distance of 242.54 feet. Thence along the northerly line of said Lot 5 the following two courses: North 88º35’48” East, a distance of 110.00 feet. Thence South 22º18’16” East, a distance of 171.47 feet. Thence along the easterly line of said Lot 5, South 22º10’06” West, a distance of 370.38 feet, to the Point of Beginning. Said parcel of land being 111,184 square feet (2.552 acres), along with and subject to all existing easements of record or apparent on the ground. 180 Ordinance No. 2140, Walker Subdivision Lot 5, Block 1 ZMA Page 4 of 5 All as depicted on the WALKER SUBDIVISION LOT 5, BLOCK 1 Annexation Map. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 181 Ordinance No. 2140, Walker Subdivision Lot 5, Block 1 ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 26th day of March 26, 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 182 LOT 6MCCLAUGHTRYRX-MD COUNTY ZONINGLOT 8MAKARECHIANRX-MD COUNTY ZONINGRIVERSIDECOUNTRY CLUBRS COUNTY ZONINGWALKER PROPERTY SUBDIVISIONCOMMON OPEN SPACEAS COUNTY ZONINGLOT 5THOMPSON R-3 CITY ZONINGM-1 ZONINGKE A N D R I V E LOT 10AAS COUNTY ZONINGAS COUNTY ZONING24 2 . 5 4 ' 24 2 . 5 4 ' 24 2 . 5 4 ' 24 2 . 5 4 '110.00'24 2 . 5 4 ' 24 2 . 5 4 '171.47'370.3 8 'LOT 9KIRKR-1 ZONINGLOT 7WISEMANR-1 ZONINGEAST GALLATIN RIVERLOT 2ARIVERGLEN CONDO ASSN R-3 CITY ZONINGLOT 4AEAST GALLATIN ESTATESCONDO R-3 CITY ZONINGWALKER PROPERTY SUBDIVISIONCOMMON OPEN SPACEAS COUNTY ZONINGR-O CITYZONING60 . 0 0 '60.00 'LEGENDSUBJECT PROPERTY LINEPROPERTY LINESR-0 CITY ZONINGR-1 CITY ZONINGR-3 CITY ZONINGM-1 CITY ZONINGAS COUNTY ZONINGRX-MD COUNTY ZONINGRS COUNTY ZONING8" SEWER MAIN (EXISTING)4" FORCE SEWER MAIN (EXISTING)12" WATER MAIN (EXISTING)8" WATER MAIN (EXISTING)EXISTING WETLAND AREA (GCWQD)EXISTING RIPARIAN AREA (GCWQD)© 2023 ANDERSON ENGINEERING INC AND SYNERGY ENGINEERINGAND KONSULTING (SEAK). THIS DRAWING AND ASSOCIATEDELECTRONIC FILES ARE THE WORK PRODUCT OF ANDERSONENGINEERING, INC AND SEAK. REUSE OF FILES IS BY LIMITEDPERMISSION FROM ANDERSON ENGINEERING, INC AND/OR SEAK.SHEET Date: Drawn By: Checked By: Revisions: THOMPSON RESIDENCE WALKER SUBDIVISION BLOCK 1, LOT 5 BOZEMAN, MT S26, T01S, R05E PO BOX 1342, Bozeman, MT 59771 Phone: (406) 925-0590 Filename:THOMPSON PROPERTY 6.6.DWG Sheet:ZMA-11X17 Location:C:\USERS\MARLENE\ANDERSON ENGINEERING DROPBOX\MARLENE SADAJ\SEAK PROJECTS\THOMPSON\CAD Plotted:2/8/2023 Plotted by:MARLENE 2/8/2023 APR MS 6.6 3731 Equestrian Lane, Suite 102, Bozeman, MT 59718 Phone: (406) 624-6137 SYNERGY ENGINEERING AND KONSULTING EXHIBIT ZONE MAP AMENDMENTSCALE: 1"=120'1202400ZONING MAP AMENDMENT APPLICATION NOTES:1.REZONING REQUEST IS FOR LOT 5 OF THE WALKERPROPERTY SUBDIVISION.2.EXISTING GALLATIN COUNTY ZONING DESIGNATIONIS RX-MD (RESIDENTIAL EXISTING MEDIUM DENSITY).3.LOT 5 IS WITHIN THE URBAN NEIGHBORHOODDESIGNATION IN THE BOZEMAN COMMUNITY PLAN2020 (FINAL).4.PROPOSED ZONING R-3 (RESIDENTIAL MEDIUMDENSITY).5.PROPERTY LINES, WETLANDS, AND UTILITY LINESARE FROM MT CADASTRAL AND BOZEMAN CITY GISINFRASTRUCTURE VIEWER. LOCATIONS AREAPPROXIMATE.183 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: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; Property is Generally Located Between West Oak Street and Baxter Lane and West of Laurel Parkway, Application 23208 MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Consider the 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 23208 and move to approve the Baxter 80 Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. AND 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 23208 and move to approve the Baxter 80 Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant and property 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). Adjacent developments include the existing neighborhood of Laurel Glen Subdivision to the south and the developing Northwest Crossing subdivision 184 to the east. The property to the north and across Baxter Lane is not annexed and used for agricultural production. The property directly to the west is also not annexed and undeveloped. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes both the R-5 and R-4 districts as implementing zoning districts. Nearby municipal zoning includes R-3 and R-4 to the south and the entire eastern boundary is zoned REMU. The subject properties are within the urban planning and municipal service area for the City. The proposed annexation would bring in additional right of way to build out sections of Baxter Lane and Laurel Parkway, and upon future development additional internal local street network. There is one minor ag structure on the property. Prior to the public hearing on February 27, 2024 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 was re-noticed for March 26,2024. UNRESOLVED ISSUES:There are no identified conflicts on this application. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 23208 Baxter 80 Annex_Annex_ZMA CC SR 3-26-2024.pdf 001 Baxter 80-ANNEXATION.pdf 002 Baxter 80-ZMA.pdf 004 Baxter 80 Noticing Checklist with Adjoiner List.pdf Report compiled on: March 13, 2024 185 Page 1 of 45 23208 Staff Report for the Baxter 80 Annexation and ZMA Public Hearings: Community Development Board (map amendment only) February 5, 2024 City Commission (Annexation and map amendment) February 27, re-noticed to March 26, 2024. Project Description: Baxter 80 Annexation requesting annexation of 81.468 acres and amendment of the City Zoning Map for the establishment of a zoning designation of R-5 (Residential High Density Mixed District) and R-4 (Residential High-Density District), Application 23208. Project Location: Property is located on the northwest corner of West Oak Street and Laurel Parkway and more particularly described as Tract 4 of Certificate of Survey 2552, located in the Northwest Quarter of Section 4, Township Two South (T2S), Range Five East (R5E), and the South 50 feet of Tract 4 of Certificate of Survey 2672A, located in the Southwest Quarter of Section 33, Township One South (T1S), Range Five East (R5E), P.M.M. Gallatin County, Montana. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23208 and move to recommend approval of the Baxter 80 Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23208 and move to approve the Baxter 80 Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 23208 and move to approve the Baxter 80 Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Report Date: March 13, 2024 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action - Legislative 186 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 2 of 45 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Community Development Board acting in their capacity as the Zoning Commission, as well as the annexation and the zoning amendment for the City Commission. The application materials are available on the City’s website in the laserfiche archive. Unresolved Issues There are no identified conflicts on this application. Project Summary 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). Adjacent developments include the existing neighborhood of Laurel Glen Subdivision to the south and the developing Northwest Crossing subdivision to the east. The property to the north and across Baxter Lane is not annexed and used for agricultural production. The property directly to the west is also not annexed and undeveloped. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes both the R-5 and R-4 districts as implementing zoning districts. Nearby municipal zoning includes R-3 and R-4 to the south and the entire eastern boundary is zoned REMU. The subject properties are within the urban planning and municipal service area for the City. The proposed annexation would bring in additional right of way to build out sections of Baxter Lane and Laurel Parkway, and upon future development additional internal local street network. There is one minor ag structure on the property. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. 187 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 3 of 45 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. In addition to the written comments three members of the public provided oral testimony at the hearing expressing opposition to the zoning request. The Board’s discussion focused on transitions, large areas of a single zone, and character of the evolving neighborhood. The Commission encourage applicant to speak with neighbors about their concerns prior to the City Commission meeting. In conclusion the Commission voted (3:2) to recommend approval of the required zoning to the City Commission. A full recording of the hearing can be viewed [External Video Link]. Public comment has been received on this application. All written comments can be reviewed at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=287695&dbid=0&repo=BOZEMAN Alternatives 1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 188 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 4 of 45 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development Board (Zoning Commission) Summary ................................... 3 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES: ................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 9 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 12 SECTION 4 – ADVISORY COMMENTS ............................................................................ 12 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 13 Annexation ........................................................................................................................ 13 Zone Map Amendment ..................................................................................................... 13 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 14 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 20 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 41 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 41 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 42 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 45 FISCAL EFFECTS ................................................................................................................. 45 ATTACHMENTS ................................................................................................................... 45 189 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 5 of 45 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map 190 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 6 of 45 Map 2: Vicinity Map Subject Property 191 Page 7 of 45 Map 3: BCP 2020 Future Land Use Map Subject Property 192 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 8 of 45 Map 4: Existing City Zoning Subject Property 193 Page 9 of 45 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “Baxter 80 Annexation”. 2. An Annexation Map, titled “Baxter 80 Annexation Map” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office and must be submitted with the signed Annexation Agreement. 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. The landowners and their successors must pay all fire, street, water, and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. If they do not already exist, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to S. 27th Avenue between Stucky Road and Blackwood Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Baxter Lane from Rosa Way to Gooch Hill Rd including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Laurel Parkway from Baxter Lane to W Oak St including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to Gooch Hill Rd from Baxter Lane to W Oak St including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Street improvements to W Oak Street from Gooch Hill Rd to Rosa Way including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at Gooch Hill Rd and Baxter Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 194 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 10 of 45 g. Intersection improvements at Baxter Lane and Laurel Parkway including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at W Oak Street and Gooch Hill Rd including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. i. Intersection improvements at W Oak St and Laurel Parkway including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. j. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. k. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to annexation. 6. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. d. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. e. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. 195 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 11 of 45 f. The agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. h. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 7. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 8. The applicant must contact the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 9. City of Bozeman Resolution 5076, Policy 1 Laurel Parkway is classified as a Collector in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of- way ROW width of 90 feet. The applicant must provide their respective portion of the ROW necessary to follow the alignment shown in the transportation plan as a public street and utility easement where Laurel Parkway Avenue is adjacent to or crosses the property. The city plans to place roundabouts at the intersections with Oak and Baxter and requires a triangular ROW at both corners to accommodate a roundabout. The applicant is advised the easement must be provided prior to the adoption of Resolution of Annexation. 10. City of Bozeman Resolution 5076, Policy 1 Oak Street is classified as a Principal Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of 125 ft. The applicant must provide their respective portion of the ROW necessary to follow the alignment shown in the transportation plan as a public street and utility easement where Oak Street is adjacent to or crosses the property. The City is in agreement with the proposed easement alignment presented in the application. The applicant is advised the easement must be provided prior to the adoption of Resolution of Annexation. 11. City of Bozeman Resolution 5076, Policy 1 Baxter Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of 100 feet. The applicant must provide their respective portion of the ROW necessary to follow the alignment shown in the transportation plan as a public street and utility easement where Catamount Street is adjacent to or crosses the property. The applicant must provide 50 ft not 30 ft as shown. The applicant is advised the easement must be provided prior to the adoption of Resolution of Annexation. 12. All final easements provided to the City must be stamped and signed by a professional surveyor. 196 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 12 of 45 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Baxter 80 Annexation 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. That the applicant must submit a Zone Amendment map, titled “Baxter 80 Annexation Zone Map Amendment”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a mete and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be rezoned, unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 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 4 – ADVISORY COMMENTS 1. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems - The subject property is located within two identified drainage basin’s, the Upper Baxter Creek Sewer Basin and Aajker Creek Sewer Drainage Basin. Currently there is no physical infrastructure in the Aajker Creek Sewer Drainage Basin. The applicant is advised that the City prohibits wastewater flow transfers into neighboring basins also known as basin jumping. Furthermore, the City does not allow private lift stations. Therefore, all sanitary sewer flows must be routed to the drainage basin that serves the area as identified in the City of Bozeman Wastewater Collection Facilities Plan. Specific sanitary sewer infrastructure improvements will be reviewed with future development applications. The applicant is advised to closely coordinate any future development and sanitary sewer infrastructure improvements with the City’s engineering 197 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 13 of 45 department. Municipal sanitary sewer improvements must be designed in coordination with any road improvements, if applicable. 2. BMC 38.400.010 A.8 Second or emergency access. To facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments must be provided with a second means of access. If, in the judgment of the development review committee (DRC), a second dedicated right-of-way cannot be provided for reasons of topography or other physical conditions, the developer must provide an emergency access, built to the standards detailed in these regulations. The applicant is advised that the surrounding arterial and collector street infrastructure network that would service the subject property has not yet been constructed. Additional development of the arterial and collector street network in the vicinity of the subject property will be required to accommodate proposed traffic demands anticipated within an R-5 zoned district in order to provide adequate, safe, and sufficient access for vehicular, pedestrian, emergency, and multi-modal forms of transportation upon future development of the property. Given the present conditions, multiple options for offsite improvements to the arterial and collector street network could be employed to satisfy City requirements and cannot be predicted at the time of annexation and will be reviewed with future development applications. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) did not find any deficiencies that prohibit annexation at this time that could not be addressed through future development review processes and adopted City Codes. The City Commission will hold a public meeting on the annexation on February 27, 2024. 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 an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 23208. 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. 198 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 14 of 45 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 zone map amendment 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, the City Commission will conduct a public hearing on the proposed Zone Map Amendment application. 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. SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion Met. The property in question is contiguous to the City limits on the eastern and southerly sides of the property. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion not met. The subject property is not wholly surrounded at this time. Unannexed property lies to the west and north. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Criterion met. There are no structures onsite contracting for City services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer 199 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 15 of 45 systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion met. The subject property lies within the planned service area of the municipal water and sewer services. Future proposed developments will be required to utilize municipal water or sewer systems. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation continues expansion of city boundaries in a methodical regular manner. Visual observation shows a continuance of the regular city boundary with this property annexed. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion met. The property is bounded by roadways identified in the Bozeman Area Transportation Plan, 2017 Update as Collector and Arterial streets. Due to the size of the property, the southern, eastly, and northern property boundaries are adjacent to significant transportation corridors. Specifically, West Oak Street is a designated principal Arterial, Laurel Parkway is a Collector, and Baxter Lane is considered a Minor Arterial. Terms of annexation include provisions pursuant to City of Bozeman Resolution 5076, Policy 1 to acquire necessary rights-of-way (ROW) to accommodate the development of these streets. Primary Arterials require 120 feet of right-of-way, Minor Arterials require 90 feet, and Collector streets need 90 feet. Upon development these routes must be constricted pursuant to the City’s design and specifications plans. See Terms of Annexation No. 9 - 11. There are no Class I trails identified in the recently adopted 2023 Comprehensive Parks, Recreation, and Active Transportation Plan (PRAT). There is, however, a proposed neighborhood trail adjacent to the watercourse that roughly bisects the property. Annexation does not demand easements for neighborhood trails. These types of pathways are arranged through future subdivision and site plan application processes. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, 200 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 16 of 45 sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion met. The subject property is approximately 82.04 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Terms of Annexation 9. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. Any future development will be required to connect to the City’s systems. Per Term of Annexation 6.d and 7, the Annexation Agreement requires notice that the applicant requires the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for the Collector Street of Laurel Parkway, the Principal Arterial for West Oak Street, and the Minor Arterial for Baxter Lane. See Terms of Annexation 9 - 11. No Class I trails are designated for the subject property according to the PRAT Plan. 201 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 17 of 45 Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for Urban Neighborhood. No change to the growth policy is required. The application includes a request for initial zoning of R-4 and R-5. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The Community Development Board acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on February 5, 2024. The Zoning Commission’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on February 27, 2024. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of R-4, Residential High- Density District and R-5, Residential High Density Mixed District. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by West Oak Street and Baxter Lane, both of which are paved. 202 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 18 of 45 Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. Term of Annexation 8 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. Water and sewer infrastructure is installed on the south side of the property within the West Oak Street ROW. An existing 8-inch poly vinyl chloride sewer main being part of the Flanders Creek & Rosa Sewer Main Extension is in the West Oak Street ROW. A 10-inch ductile iron water pipe is in West Oak Street. Additional water and sewer service will be required as the property develops. Per Term of Annexation 6.a, 6.d, and 8, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with 203 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 19 of 45 the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion Met. City services are not currently being provided to this property as it is vacant. Future development will be required to hook up to City services. This annexation is not a result of an emergency condition requiring connection. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way and therefore cannot be described solely by reference to platted lands. Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. Suggested terms of annexation include a notice that the agreement, once prepared and provided to the applicant, must be signed, and retuned within the stated period. 204 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 20 of 45 This policy will be implemented only if the Commission acts to grant approval. If the application is denied, then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. There are no existing septic systems or wells that will need to be abandoned. All future development will be required to connect to city services. SECTION 7 - ZONE MAP 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, 205 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 21 of 45 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. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The Bozeman Community Plan (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. 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 anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such 206 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 22 of 45 as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the R-4 and R-5 districts are implementing district of the Urban Neighborhood designation. Except from BCP2020 Future Land Use Map: In finding that this application meets criterion A, with hesitation, the analysis is cognizant that in many planning efforts and discussions over the decades, the Planning Board and City Commission have considered the various elements of the question of to grow or not grow and the consequences of either approach. After considering this question, they have concluded that having growth within the physical boundaries of Bozeman results in better outcomes than not. Therefore, the BCP 2020 approaches growth as something that overall is positive but recognizes that it does not come without drawbacks and that the community will change over time. Large swath of single use zoning is generally not supported by the BCP 2020. No metric for what is considered “large” has been established. Although some zoning districts, REMU for example, require minimum areas to qualify most do not. The City’s development code does not include a requirement to mix housing types, therefore consumer preferences, developer preference, and lending practice to influence housing types. The BCP 2020 includes many goals and objectives to encourage a variety of housing types and the production missing middle housing that supports a variety of goals and polices. 207 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 23 of 45 The location of this property is unique due its distance to existing commercial activity, employment centers, educational opportunities, and other City services because it is nearing the jump to next Commercial Node identified on the BCP 2020 proposed just west of the subject property on Baxter Lane. See Map 4 in Section 1. However, there is a developing at the intersection of West oak Street and Cottonwood Road although it is nearly one mile from the center of this property. Viable commercial activity requires sufficient rooftops. As part of the City’s Community Plan Hub web site, the City is tracking its efforts to meet the goals and objectives detailed in the BCP 2020. For example, under the City of Unique Neighborhoods Theme is the Bozeman Residential Density Map – Community Plan Indicators Map. The residential density map shows the nearest development to the subject property, Meadow Creek Phase 1 subdivision, has a living unit per acre of 5 – 10. This data will improve its accuracy as the City infills. Currently, there are undeveloped parcels that skew the results and push the value lower than if you exclude vacant parcels in the calculation. However, the histogram associated with the map shows the following general trends in relation to each zoning district. The R-4 and R-5 zoning districts correlates with the principles applied in the Bozeman Community Plan 2020. A few of the ten principles listed under Basic Planning Precepts of the Plan are supported by these districts. For example, “land use designations must respond to a broad range of factors, including infrastructure, natural, and economic constraints, other community priorities, and expectations of all affected parties concerning private development.” And “gathering places and open spaces, including parks and trails, should be in convenient locations Figure 1: Average living units per acre by Zoning Designation 208 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 24 of 45 to those they serve. Quality and function is superior to quantity alone.” The latter is achieved by the City’s adopted development code. On the other hand, other precepts are less supportive of the scope of requested R-4 and R-5 zoning. 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 more intensive zoning districts and development. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. Staff generally concurs with the analysis intent provided by the applicant although some of the listed goals and objectives are either not relevant or spurious in nature and there are few details describing how the proposed development will further the stated goals and objectives. Therefore, staff augments the record, in addition to the aforementioned discussion, with the following analysis. Goal N-3: Promote a diverse supply of quality housing units. As noted above the area is designated as Urban Neighborhood according to the FLUM. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. Although, in limited instances, an area may develop at a lower gross density due to site constraints and/or natural features, we generally assume the most density permitted by a given zoning district. As noted on the annexation and zoning maps, there are considerable nature features that will limit impervious surfaces. Without constraints it would be reasonable to assume a developed density of 18 dwelling units per net acre for both the R-4 and R-5 zones combined. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity 209 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 25 of 45 to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. Although there is an evolving commercial area at the intersection of Oak and Cottonwood associated with the Northwest Crossing development it is unlikely it will support sufficient employment to serve this development. The city must balance encouraging housing development with development constraints and proximity to employment, entertainment, education, and supporting its climate action initiatives. Therefore, the proposed combination of R-4 and R-5 zones seems appropriate for this property. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R-4 and R-5 zones will not occur. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. West Oak Street is a Principal Arterial, Baxter Lane is a Minor Arterial, and Laurel Parkway is a designated Collector as shown in the last three long range transportation plans including the current Transportation Master Plan adopted in 2017. Arterial streets are the most intensive category of streets. West Oak and Baxter Lane will be constructed to full arterial cross sections upon further development as required by development code. North Laurel Parkway is a designed Collector Street. Therefore, placement of higher density development adjacent to West Oak Street, Baxter Lane and Laurel Parkway is consistent with this objective. Additional internal street grid will be required and constricted to further improve access in and through the site. Evaluation of the degree of required road improvements will occur with formal development review. RC-3.2 Work with Gallatin County to keep rural areas rural and maintain a clear edge to urban development that evolves as the City expands outwards. Gallatin County adopted the Gallatin County/Bozeman Area Plan (GCBA Plan), a neighborhood plan under their growth policy, to identify County priorities for this area of the county. Implementing zoning was updated for the new neighborhood plan and is now in place. “The purposes of the [County] Growth Policy and the 2005 Bozeman Area Plan are to provide comprehensive, long-range guidance relative to the growth and development…” The GCBA Plan recognizes the area is in transition. On page 1 of the GCBA Plan it says, “It is not the intent of this Plan to prematurely discourage existing agricultural operations; rather it is the intent to accommodate the needs of present agriculture while recognizing an inevitable transition to a more urban landscape.” The proposed annexation and zoning of this property will extend the municipal boundary west towards a future extension of Gooch Hill Road, a designated minor arterial road. This 210 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 26 of 45 application for annexation follows extends previously annexed property directly to the east in 2019 which is now being developed. The Laurel Glen subdivision to the south was annexed in 2004. The municipal service area and planning area of the city extends another three quarters of a mile west. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the east and south. It adds approximately 80 acres to the City limits that is available for urban development while maintaining a consistent city border. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. The property is adjacent to the City and does not create any new unannexed areas surrounded by City limits. The property is seeking annexation and municipal zoning for the purpose of residential development. Annexation is happening before development. In addition to goals and objectives, the BCP 2020 includes descriptive statements regarding what the goals and objectives seek to support and create. Page 27 of the BCP 2020 includes the descriptive language for Theme 2, A City of Unique Neighborhoods. Reviewing the language, themes of housing diversity, inclusion, and equity to serve different housing needs are prevalent. Theme 2 emphasizes the importance of neighborhoods in the City’s development. It is notable that none of the goals and objectives associated with Theme 2 calls for fixing the character of developed areas in their current status or prohibit the evolution of an area’s character. There is recognition of the role that a sense of place serves in Goal N-4. Neighborhoods do have physical attributes that help them be distinctive. In this case the presence of watercourse and sensitive lands there is an opportunity to create unique neighborhoods through a well- planned subdivision or site plan. See also RC – 3.3 response. Goal N-4: Continue to encourage Bozeman’s sense of place. 211 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 27 of 45 N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood character, and buildings that contribute to Bozeman’s sense of place through programs and policy led by both City and community efforts. The proposed amendment does not alter the zoning on any adjacent property and correspondingly the character of that adjacent property. As noted in other criteria in this report, the proposed amendment is consistent with the planned development of the area as homes with an urban intensity. While the application does not further all goals of the BCP 2020, taken as a whole, the application is supportive of and in accordance with, the BCP 2020. B. Secure safety from fire and other dangers. Criterion Met. The property can be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. There is a ag building without services on the property. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. See comments in Section 6, Criteria A, B and D. 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 construction of homes which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced. Provision of parks, control of storm water, and other features of the City’s development standards advance the general welfare. Compliance with the BCP 2020 advances the well-being of the community as a whole. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning 212 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 28 of 45 districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” The application site is located well 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. Adequacy of all these public requirements is evaluated during the subdivision and site development process. All zoning districts in Bozeman enable a range of uses and intensities. At the time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. The future development of the area will require dedication and construction of streets, provision of parks, extension of water and sewer services, and placement of easements for telecommunication, electric service, and similar dry utilities. As noted in Section 6, Criterion A, multiple major transportation corridors serve the site and are paved but do not meet the city’s complete streets policy which will be addressed upon future development. Development of any urban zoning or more intensive County zoning district will require changes to the street to the degree demonstrated as necessary during review of the development. As noted above, the placement of a zoning district does not grant entitlement to construct. Laurel Parkway is a designated Collector Street and required ROW easements are required with the associated annexation. Similar to West Oak and Baxter Lane, with or without this proposed zoning amendment the street will change to an urban paved street at some time. The subject property is located within two identified drainage basins’, the Upper Baxter Creek Sewer Basin and Aajker Creek Sewer Drainage Basin. Currently there is no physical infrastructure in the Aajker Creek Sewer Drainage Basin. Specific development standards apply to these situations and are addressed with further development review. The Engineering Department identified these issues and provided comments to the applicant that specific sanitary sewer infrastructure improvements will be reviewed with future development applications. See advisory comments 1. 213 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 29 of 45 Additionally, the subject property is located outside of the City’s current service area for municipal water. The applicant is advised a minimum of two points of service must be in place to satisfy City standards, and that specific water infrastructure improvements will be reviewed with future development applications pursuant to section 38.410.070.A(1), BMC. See advisory comments 1. Responsibility to make those connections lies with the developer. Review of future development will further verify adequate capacity is present and all needed connections can be provided before any construction may begin. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet the needs of residents. The associated annexation will partially address required compliance with City standards through the Terms of Annexation in Section 2. Dedication of right of way for arterials streets is part of the annexation process as is agreement to follow the City’s development standards. With future development proposals, the applicant must demonstrate not just possible but actual street networks and utility connections existing or to be constructed to support the intensity of development proposed. See also Section 6, Criterion F regarding transportation and Section 5, annexation Policies 8, 9, and 12. The criterion is met. E. Reasonable provision of adequate light and air. Criterion Met. The R-4 and R-5 zoning designations have requirements for setbacks, height, and lot coverage which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. 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 site has wetlands and riparian areas running through the property. The City requires protection of wetlands. This requirement applies to all zoning districts. This will support additional light and air beyond what would otherwise be applicable on the site. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. As a result, under the proposed zoning, when a development is proposed, they will be responsible for their frontage improvements which will include improvements along West Oak Street, Baxter Lane, and Laurel Parkway addition to internal streets required to serve development. 214 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 30 of 45 The City conducts routine transportation monitoring, modeling, and planning to understand existing conditions and future needs of the transportation system. The 2017 Transportation Master Plan is the most recent transportation plan. Figure 2.5, Existing Major Street Network, shows West Oak Street and Baxter Lane as an arterial streets and Laurel Parkway as a collector street. The Greater Bozeman Area Transportation Plan 2007 Update, Gallatin County’s adopted transportation plan for this same area, shows the same street classifications on Figure 2.2. These three streets will be the primary collector and arterial accesses to the site over time. Local streets will link the larger arterial and collectors. Both documents show extensions of Baxter and Oak as future expansions of the road network. Further capacity expansion to the transportation network is planned, such as upgrading the condition of Baxter Lane, West Oak Steet and Laurel Parkway including appropriate traffic control measures as warrants dictate. These expected actions to implement the Transportation Master Plan will mitigate impact on the larger transportation network as the overall area develops. Not all of these expansions will be the responsibility of individual projects. Support of multi-modal transportation is limited. Due the property’s location there are limited destinations within walking distance and bicycle infrastructure may not be robust enough to support viable use a bicycle as an alternative mode of transportation. City plans acknowledge the tension created with development. Not all goals and policies are furthered with a particular application. The need for housing, the logical extension of city limits, and planned future commercial and other supporting uses near the subject property outweigh negatives associated with this development. Future development of this property provides opportunity to expand the pedestrian network through installation of sidewalks such as a new East-West link to the development to the east. Bike and pedestrian travel is much more sensitive to distance than motor vehicle travel. Sidewalk installation is a minimum development standard under Chapter 38. This expands and improves the non-motorized transportation system. These links will be required with any future development under any municipal zoning district. The City has set minimum standards applicable to development to limit block length, ensure trail and sidewalk connections, and provide streets adequate to carry traffic projected from development. These standards are not applied at the time of the ZMA but are implemented during the subdivision and site plan processes required before any construction may begin. See also Section 6, Criterion D. The Walk Score is low with a walk score of one, a transit score of 17, and a bike score of 32. 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. 215 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 31 of 45 There are no adopted development standards relating to the walk score. If, as suggested by the applicant, their statement of constructing mixed-use, may eventually improve these scores. 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. Prior to occupancy or other appropriate trigger, the applicant must show all applicable transportation systems are adequate to serve the proposed development and must meet minimum City standards. The Applicant has been advised of specific code provisions that will apply with future development proposals. 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) Individuals may have widely varying opinions about what constitutes compatibility. To address this wide variation of viewpoint, Compatible development and Compatible land use are defined in Article 38.7 BMC to establish a common reference for consideration of this criterion and application of development standards. They are defined as: “Compatible development. 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. 216 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 32 of 45 Compatible land use. A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The final sentence of the definition deserves emphasis “Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible development can be different than what is already in place. The City has adopted a variety of standards to implement compatibility. The proposed R-4 and R-5 districts are residential in character. The allowed uses for residential districts are set in 38.310.030. Table 38.310.030.A - Permitted general and group residential uses in residential zoning districts, shows permitted uses in the R-4 and R-5 districts and Table 38.310.030.B details permitted accessory and non-residential uses in residential zoning districts. Adjacent zoning includes R-3, R-4, and REMU. REMU is allows more intense development pattern that the other residential zones. Multi-household structures are adjacent to the property to the south. The application proposes locating the R-5 zone next to the REMU to the east and R-4 on the western half which corresponds to the existing R-3 and R-4 to on the southern border of the subject property. The form and intensity standards for residential districts are in 38.320.030. The existing Laurel Glen subdivision (zoned R-3 and R-4) has developed between 5 – 20 living units per acre. According to City code the required minimum density for the R-1 through R-3 districts is 5, R-4 is 8 dwelling per net acre, and R-5 is 8 dwelling per gross acre. The more intensive development elements allowed in the R-4 and R-5 district is subject to additional development standards established in Article 38.500, Project Design, of the municipal code. These standards address both site and building design to enable differing uses and scales of development to meet the definition of compatible in the municipal code and presented above. Section 38.500.010. – Purpose states: “This article (38.5) implements the Bozeman's growth policy. Overall, this article: A. Provides clear objectives for those embarking on the planning and design of development projects in Bozeman; B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman; C. Ensures that new commercial and multi-household development is of high quality and beneficially contributes to Bozeman's character; D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the character of Bozeman's neighborhoods; 217 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 33 of 45 E. Promotes an increase in walking and bicycling throughout the City; F. F. Enhances the livability of Bozeman's residential developments; G. Maintains and enhances property values within Bozeman.” The intent of the R-4 district, 38.300.100.E, BMC, “is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services.” The intent of the R-5 district, 38.300.100.F, BMC, “is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. 2. Allowing offices and small-scale retail and restaurants as secondary uses provided special standards are met. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services.” The proposed amendment is associated with an annexation creating an incremental increase in the size of the City. As discussed in Section 6, Criterion A above, both the City’s and County’s growth policies expect this area to transition from rural to urban development. The unannexed areas adjacent to this property are agricultural or detached homes on an individual large lot in conformance with the Gallatin County AS zoning. The City Commission has adopted standards to control development impacts and support compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s approach. 218 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 34 of 45 “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The BCP 2020 includes several objectives applicable to this criteria. These are: N-1.11 Enable a gradual and predictable increase in density in developed areas over time. N-1.2 Increase required minimum densities in residential districts. N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary to City land development policies or climate action plan goals. Application of any municipal zoning district to the subject property and subsequent development will alter the existing character of the subject property; which is fallow historic agricultural land within a rapidly developing area of the City. Likewise, development under any municipal zoning district will be visually different from adjacent unannexed property. This is true even if both are used for similar types of housing due to the differences between municipal and county zoning. Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The BCP 2020 notes, “…when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request there is often a substantial change in use that will occur. In this case, the 219 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 35 of 45 Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” Staff concludes that although the R-4 and R-5 is less and more intense than some surrounding zoning, it is compatible urban growth as called for in the growth policy. See also discussion for Section 6, Criteria A & H. H. Character of the district. Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains unaltered. Even though the criterion is most applicable to text amendments it still must be applied to consideration of zoning map amendments. The requested zoning meets the requirements of this criterion because, although different, it is compatible with surrounding zoning, existing roads and a park will provide a buffer between future development on this parcel and existing residential and agricultural uses, and promotes urban growth as called for in the BCP 2020. The proposed amendment only applies to the Applicant’s property and does not change what is or is not allowed on adjacent property. As noted above, the City Commission has discretion within the limits of the State established criteria in considering the location and geographical extents of a zoning district. Implementation of zoning must also be in accordance with the adopted growth policy. As noted in Section 6, Criterion A, the City policy calls for a diverse and densifying land use pattern. See discussion in Section 6, Criterion A. The BCP 2020 includes several objectives applicable to this criteria. These are: N-1.11 Enable a gradual and predictable increase in density in developed areas over time. N-1.2 Increase required minimum densities in residential districts. N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary to City land development policies or climate action plan goals. Application of any municipal zoning district to the subject property and subsequent development will alter the existing character of the subject property; which is a rural. Likewise, development under any municipal zoning district will be visually different from adjacent unannexed property. This is true even if both are used for similar types of housing due to the differences between municipal and county zoning. Similarly, development will likely be different from other annexed properties. For example, properties to the south are zoned R-3 or R-4 and developed as attached two-household through four attached dwellings and single- household detached neighborhoods, well below permitted densities. 220 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 36 of 45 Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The BCP 2020 notes, “…when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request, there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” See Section 6, Criterion A above for discussion about the application and growth policy and anticipated change to the character 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.” As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. To date, the City of Bozeman has not defined a specific area outside of the area itself to be rezoned for consideration of this criterion. A review of the existing uses within a quarter mile radius of the amendment site shows three zoning districts. First is R-4, the same as what is being proposed which allows a variety of housing types in close proximity. Second, R-3, is a municipal district and allows a wide variety of housing types including detached homes, townhomes, and other forms of attached homes, as well as various institutional and light commercial uses. REMU which is mixed-use in character and provides options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. Finally, A-S, is a county zoning district focused on low density residential and preservation of agricultural operation until it transitions to urban development. See discussion under Section 6, Criterion A above. Page 77 of the BCP 2020 describing review of zoning map amendments states “When evaluating compliance with criteria, it is appropriate to consider all the options allowed by the requested district and not only what the present applicant describes as their intensions.” When evaluating compatibility between zoning districts, Staff considers the full range of allowable uses, not only what is built now or proposed by a specific project. The maps in Section 1, all of the municipally zoned areas in the immediate vicinity are in the upper range of zoning district intensity. This is consistent with the City’s previous and current 221 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 37 of 45 growth policy and infrastructure planning. The character of the larger area is in the process of changing with multiple large and intense developments now under construction or in review. This is illustrated by this excerpt from the Community Development Viewer. All colored or striped shaded areas are in some stage of review and development. This application is the solid orange shaded rectangle in the left of the image in a red box. Less than half of the area adjacent to the site is agricultural and has already transitioned from rural to urban, as described in Section 6, Criterion A. Therefore, the character is not fully defined, and is suitable to add additional uses. The City, as shown by an examination of the zoning map and authorized uses in all zoning districts, strives to encourage a diverse development pattern and avoid large areas of single use development. This is further supported by the statement in the description of the Urban Neighborhood future land use category, “Large areas of any single type of housing are discouraged.” No size is specified for what is a large area. Therefore, when considering the character of an area it is expected that there will be diversity of development types. This diversity is also shown on the zoning maps in Section 1. Development within the City is more land efficient than rural or suburban development in unannexed areas. Urban intensity development whether more intensive apartment style development or more typical medium density residential is much more land efficient than rural/suburban development. Suburban development consumes 135 times the amount of land and the rural consumes 594 times the amount of land per home than urban development. Development within the City also provides for a wide range of housing types to meet a wide range of housing needs. Development within the City lessens likelihood of conversion of 222 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 38 of 45 agricultural and open spaces to other uses but does convert uses on some land with annexation. The City expects urban development within the municipal boundary. Table 4 of the BCP 2020, see Section 6, Criterion A above, identifies the implementing zoning districts of the Urban Neighborhood future land use category. That category allows for zoning districts that authorize a wide range of possible future development. There are no zoning districts which are limited to only one type of development. All zoning districts implementing the Urban Neighborhood category provide for a range of housing types, institutions, and commercial activities. The expansiveness and intensity allowed varies between districts. As noted in this report, the BCP 2020 calls for evaluation of the entire range of uses in zoning districts when evaluating criteria for zoning amendments. The R-4 and R-5 zoning districts and the adjacent R-3, R-4, and REMU zoning districts are residential in nature and are more similar than different in uses and standards. Development in R-4/5 is more intensive than that allowed in the R-3 district, such as an apartment building, is subject to the standards of Article 38.5. Article 38.5 imposes a variety of standards on site and building design. However, a recent text amendment allows “limited apartments” in the R-3 district. Limited apartments are structures that host up to eight dwellings units. The present development zoned R-3 near the subject property is developed at the low end of the allowed intensity for the R-3 zoning district. Evaluation of this situation is guided by the growth policy. On page 76 of the BCP 2020 under discussion of application of this zoning criteria is says: “Second, when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in R-4 and R-5 to be compatible with adjacent development and uphold the residential character in an area where R-4 or R-5 is applied even if the intensity between districts is different. The following excerpt from the BCP 2020, page 75 describes the City’s adopted approach. “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. 223 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 39 of 45 The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” The standards adopted by the City prevent physically dangerous spillover effects. An example is the capture, treatment and discharge controls from additional storm water runoff as additional impervious surfaces are built. Required setbacks from property lines, landscaping requirements, and similar site and building standards address character and compatibility. These and other standards carry out the intent and purpose of the City’s land development standards in Chapter 38 of the municipal code. Sec. 38.100.040. - Intent and purpose of chapter. A. The intent of this unified development chapter is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law. Zoning does not prohibit change but provides a structure within which change can occur. Such changes include modifications to both the text and zoning map. Such amendments are authorized in the zoning enabling act for municipalities. Landowners have both property rights and responsibilities. The City has adopted development standards to ensure that responsibilities are met while landowners exercise their property rights. The City has not chosen, and is not required, to adopt standards for all issues. For example, standards have not been adopted regarding preservation of view sheds or extra separation of buildings from unannexed property. Finally, Theme 7 of the BCP 2020 includes this statement: “RC-3.2 Work with Gallatin County to keep rural areas rural and maintain a clear edge to urban development that evolves as the City expands outwards.” This objective describes the situation now under review. The City is expanding outwards by annexation. Gallatin County has identified this area as a growth area in its land use planning documents. There will be a distinct edge between the AS and R-5 zoning districts with different intensity of residential uses. Staff concludes that R-4 and R-5 are not significantly or detrimental from or to the surrounding zoning is compatible urban growth called for in the growth policy. See also discussion for Section 6, Criteria A, G, and F. 224 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 40 of 45 I. Peculiar suitability for particular uses. Neutral. The proposed amendment does not modify the existing standards of the R-4 or R-5 districts. Therefore the impact of the amendment is limited to this application site. The property is generally flat. A watercourses cross the property from south to north. Groundwater in the area is shallow and potentially at hazard from onsite sewage treatment. The property is within the City’s planning area for land use and utility extensions. There is frontage on West Oak Street, an arterial street, Baxter Lane, an arterial street, and Laurel Parkway, which is a collector street. Municipal utilities and emergency services can be extended to the area. These features are not unusual for properties adjacent to the City. The described features support annexation and development within the City. There are not sufficient distinctive characteristics of the property to make a positive or negative findings for this criteria specific to an individual zoning district. J. Conserving the value of buildings. Neutral. The proposed amendment does not modify the existing standards of the R-4 or R-5 districts. R-4/5 zoning are residential in nature and allow a variety of housing types as long as the minimum density standards are met. The immediate Future Land Use and zoning surrounding the property is residential in nature. Future development is not known at this juncture and will emerge with future development applications. The permitted uses must conform to the adopted zoning. Adjacent rights-of-way separate this property from adjacent property and will act as a buffer to the existing developments. The location of amenities that may increase the value of buildings such as parks, open space, trails, and value-added assets is undermined. Any new structures at the site will be required to meet setback and other protective requirements set forth in the Bozeman Municipal Code. Compliance will alleviate potential negative impacts to the value of surrounding buildings and properties. As described in earlier criteria, the proposed zoning is compatible with existing buildings on adjacent properties and does not create any new situations not in compliance with municipal code. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed R-4 and R-5 zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is access to the city’s services, including streets, thus is able to support a higher intensity of uses as allowed within the R-4 and R-5 zoning districts. Furthermore, the proposed R-4 and R-5 zoning designations are generally consistent with the BCP 2020 future land use map designation of “Urban Neighborhood”. 225 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 41 of 45 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. A zoning protest means that a least 25 percent of the property owners within the 150 feet buffer area have formally “protested” the proposed zoning. A protest does not mean the proposed zoning cannot be approved. It means the review authority, the City Commission, vote as a super majority to overcome the protest. State law does not differentiate between residents of the city or not. For the Bozeman Commission with five (5) Commissioners, four (4) would need to vote for the application. A vote of 3:2 would mean the zoning request would fail. As of the production of this report the zoning protest threshold had not been met. Staff will provide an update on this analysis during the public hearing. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on January 13 and 20, 2024 and again on February 28 and March 2, 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. 226 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 42 of 45 Notice was provided at least 15 working days and not more than 45 days prior to any public hearing. Public comment has been received on this application. All written comments can be reviewed at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=287695&dbid=0&repo=BOZEMAN APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-4, Residential High Density District, and R-5, Residential High Density Mixed District, whose intents are: Residential high density district (R-4). The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 227 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 43 of 45 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. The intent of the R-5 district, 38.300.100.F, BMC, “is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. 2. Allowing offices and small-scale retail and restaurants as secondary uses provided special standards are met. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services.” 228 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 44 of 45 229 Staff Report for the Baxter 80 Annexation and ZMA, Application 23208 Page 45 of 45 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: True North Partners, LLC, 60 Aajker Creek, Bozeman, MT 59901 Applicant: Morrison Maierle, 172 Timberwolf Parkway, Kalispell, MT 59901 Representative: Morrison Maierle, 172 Timberwolf Parkway, Kalispell, MT 59901 Report By: Tom Rogers, Senior Planner, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 230 WWWWWSS89°18'29"W 1332.34'N0°45'29"E 2646.92' N0°26'09"E 2689.22' S0°39'55"W 50.00' N0°45'29"E 50.00' ©COPYRIGHT MORRISON-MAIERLE, SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2023 Plotted by dom goble on Dec/11/2023U:\6893 True North Partners\002_Baxter 80 Minor Subdivision\ACAD\Exhibits\Annexation Exhibits.dwgBAXTER 80 MINOR SUBDIVISION ANNEXATION MAP BOZEMAN MONTANA 6893.002 SHT. 1 DDG HYALITE GG 10/2023engineers surveyors planners scientists MorrisonMaierle 172 Timberwolf Parkway Kalispell, MT 59901 Phone: 406.752.2216 www.m-m.net 150 3000 SCALE IN FEET BAXTER 80 ANNEXATION MAP PROP O S E D Z O NI N G: R- 4 PROP O S E D Z O NI N G: R- 5 ANNEXATION AREA SUMMARY TOTAL ANNEXATION AREA: 49.34 acres (2,149,245 Sq. Ft.) 82.04 acres (3,573,748) Sq. Ft. R-5 ZONING: 32.70 acres (1,424,503 Sq. Ft.)R-4 ZONING: 90' LAUREL PARKWAY RIGHT-OF-WAY 125' WEST OAK STREET RIGHT-OF-WAY NORT H W E S T C R O S SI N G SUBDI VI SI O N (REMU Z OI NI N G) TRAC T 2 C O S 2 5 5 2 (AS ZO NI N G) TRAC T 3 C O S 2 5 5 2 (AS ZO NI N G ) TRAC T 7 C O S 2 7 6 2 A (RR/A Z O NI N G) TRAC T 4 C O S 2 6 7 2 A (AS Z O NI N G) TRAC T 1 C O S 2 5 5 3 A (AS Z O NI N G ) LAUR E L G L E N SUBDI VI SI O N P H A S E 2 (R-3 Z O NI N G) LAUR E L G L E N SUBDI VI SI O N P H A S E 2 (R-3 Z O NI N G) Tract 4 of Certificate of Survey 2552, located in the northwest quarter of Section 4, Township 2 South, Range 5 East, and the south 50 feet of Tract 4 of Certificate of Survey 2672A, being the north 50 feet of the Baxter Lane right-of-way, located in the southwest quarter of Section 33, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, more particularly described as follows: Beginning at the quarter corner of Sections 4, Township 2 South, Range 5 East, and Section 33, Township 1 South, Range 5 East, monumented with an aluminum cap on a 5/8-inch rebar in the centerline of the 100-foot right-of-way of Baxter Lane; thence S0°39'55”W 2640.33 feet along the east line of Tract 4 of Certificate of Survey 2552 and the centerline of the 90-foot wide right-of-way of Laurel Parkway to the southeast corner of said Tract 4 in the centerline of the 125-foot right-of-way of West Oak Street; thence S89°18'29”W 1332.34 feet along the north line of Laurel Glen Subdivision Phase 2 and the centerline of West Oak Street to the southeast corner of Tract 3 of said Certificate of Survey 2552; thence N0°45'29"E 2646.92 feet along the east lines of Tract 2 and Tract 3 of said Certificate of Survey 2552 to the northeast corner of said Tract 2; thence N0°45'29"E 50.00 feet along the west line of Tract 4 of Certificate of Survey 2672A to the north right-of-way line of Baxter Lane; thence N89°35'15"E 1327.92 feet along said north right-of-way line to the east line of said Tract 4 of Certificate of Survey 2672A; thence S0°39'55"W 50.00 feet along said east line to the Point of Beginning, containing 82.042 acres. LEGAL DESCRIPTION OF LAND TO BE ANNEXED TRACT 4 OF CERTIFICATE OF SURVEY 2552, LOCATED IN THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, AND THE SOUTH 50 FEET OF TRACT 4 OF CERTIFICATE OF SURVEY 2672A, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, MONTANA, GALLATIN COUNTY ZONING R-4 AND R-5(PREVIOUSLY AS) P.O.B.N89°35'15"E 1327.92'S0°39'55"W 2640.33 TRACT 4 C.O.S. 2552 EXISTING STRUCTURE EDGE OF WATER WETLAND BOUNDARY DELINEATED BY WOODARD AND CURRAN IN 2021 100' BAXTER LANE RIGHT-OF-WAY REVISED:12/2023 1/4 Corner Sections 4 & 33 231 WWWWWSS89°18'29"W 1332.34'N0°45'29"E 2646.92' N0°26'09"E 2689.22' S0°39'55"W 50.00' N0°45'29"E 50.00' ©COPYRIGHT MORRISON-MAIERLE, SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2023 Plotted by dom goble on Dec/11/2023U:\6893 True North Partners\002_Baxter 80 Minor Subdivision\ACAD\Exhibits\Annexation Exhibits.dwgBAXTER 80 MINOR SUBDIVISION ZONE MAP AMENDMENT BOZEMAN MONTANA 6893.002 SHT. 2 DDG HYALITE GG 10/2023engineers surveyors planners scientists MorrisonMaierle 172 Timberwolf Parkway Kalispell, MT 59901 Phone: 406.752.2216 www.m-m.net 150 3000 SCALE IN FEET BAXTER 80 ZONE MAP AMENDMENT MAP PROP O S E D Z O NI N G: R- 4 ZONING AREA SUMMARY TOTAL ZONING AREA: LEGAL DESCRIPTION OF LAND TO BE ANNEXED 100' BAXTER LANE RIGHT-OF-WAY 90' LAUREL PARKWAY RIGHT-OF-WAY 125' WEST OAK STREET RIGHT-OF-WAY NORT H W E S T C R O S SI N G SUBDI VI SI O N (REMU Z OI NI N G) TRAC T 2 C O S 2 5 5 2 (AS ZO NI N G) TRAC T 3 C O S 2 5 5 2 (AS ZO NI N G ) TRAC T 7 C O S 2 7 6 2 A (RR/A Z O NI N G) TRAC T 4 C O S 2 6 7 2 A (AS Z O NI N G) TRAC T 1 C O S 2 5 5 3 A (AS Z O NI N G ) LAUR E L G L E N SUBDI VI SI O N P H A S E 2 (R-3 Z O NI N G) P.O.B. EXISTING STRUCTURE EDGE OF WATER R-5 ZONING: R-4 ZONING: PROP O S E D Z O NI N G: R- 5 TRACT 4 C.O.S. 2552 WETLAND BOUNDARY DELINEATED BY WOODARD AND CURRAN IN 2021 LAUR E L G L E N SUBDI VI SI O N P H A S E 2 (R-3 Z O NI N G) Tract 4 of Certificate of Survey 2552, located in the northwest quarter of Section 4, Township 2 South, Range 5 East, and the south 50 feet of Tract 4 of Certificate of Survey 2672A, being the north 50 feet of the Baxter Lane right-of-way, located in the southwest quarter of Section 33, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, more particularly described as follows: Beginning at the quarter corner of Sections 4, Township 2 South, Range 5 East, and Section 33, Township 1 South, Range 5 East, monumented with an aluminum cap on a 5/8-inch rebar in the centerline of the 100-foot right-of-way of Baxter Lane; thence S0°39'55”W 2640.33 feet along the east line of Tract 4 of Certificate of Survey 2552 and the centerline of the 90-foot wide right-of-way of Laurel Parkway to the southeast corner of said Tract 4 in the centerline of the 125-foot right-of-way of West Oak Street; thence S89°18'29”W 1332.34 feet along the north line of Laurel Glen Subdivision Phase 2 and the centerline of West Oak Street to the southeast corner of Tract 3 of said Certificate of Survey 2552; thence N0°45'29"E 2646.92 feet along the east lines of Tract 2 and Tract 3 of said Certificate of Survey 2552 to the northeast corner of said Tract 2; thence N0°45'29"E 50.00 feet along the west line of Tract 4 of Certificate of Survey 2672A to the north right-of-way line of Baxter Lane; thence N89°35'15"E 1327.92 feet along said north right-of-way line to the east line of said Tract 4 of Certificate of Survey 2672A; thence S0°39'55"W 50.00 feet along said east line to the Point of Beginning, containing 82.042 acres. S0°39'55"W 2640.33 TRACT 4 OF CERTIFICATE OF SURVEY 2552, LOCATED IN THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, AND THE SOUTH 50 FEET OF TRACT 4 OF CERTIFICATE OF SURVEY 2672A, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, MONTANA, GALLATIN COUNTY ZONING R-4 AND R-5(PREVIOUSLY AS)N89°35'15"E 1327.92'49.34 acres (2,149,245 Sq. Ft.) 82.04 acres (3,573,748) Sq. Ft. 32.70 acres (1,424,503 Sq. Ft.) REVISED:12/2023 232 233 I C 1 2 3 4 5 6 78 9 10 11 12 13 14 15 15 161718 19 19 SUBJECT PROPERTY 234 Adjoiner Contiguous List Page 1 of 2 Adjacent to the proposed site. Legal Description of Property Property Owner’s Name Mailing Address of Property Owner from Montana Dept. of Revenue 1.S04, T02 S, R05 E, ACRES 40, NW4SW4 BONITA L. NOLLMEYER PO BOX 1503 BELGRADE, MT 597141503 2. LAUREL GLEN SUB PH 2, S04, T02 S, R05 E, BLOCK 15, Lot 5, ACRES 0.649, PLAT J- 442-A PLUS OPEN SPACE ANDREW & SARA JEAN LARSEN 1235 SAXON WAY BOZEMAN, MT 597186698 3. STELLA VIEW CONDO, S04, T02 S, R05 E, MASTER LAUREL GLEN SUB PH 2 LOTS 3 & 4, UNIT 5785 A, BLK 15 PLAT J-442-A KENNETH J. SILVESTRI 5785 SAXON WAY, UNIT A BOZEMAN, MY 59718 4. STELLA VIEW CONDO S04, T02 S, R05 E, MASTER LAUREL GLEN SUB PH 2 LOTS 3 & 4, UNIT 5785 B, BLK 15 PLAT J-442-A SARA RUTH LOWELL BELL & TREVOR LANE BELL 5785 SAXON WAY, UNIT B BOZEMAN, MT 59718 5. STELLA VIEW CONDO S04, T02 S, R05 E, MASTER LAUREL GLEN SUB PH 2 LOTS 3 & 4, UNIT 5785 C, BLK 15 PLAT J-442-A STARGAZE FAMILY HOLDINGS, LLC 7819 HANOVER DALLAS, TX 75225 6. STELLA VIEW CONDO, S04, T02 S, R05 E, MASTER LAUREL GLEN SUB PH 2 LOTS 3 & 4, UNIT 5757 A, BLK 15 PLAT J-442-A COURTNEY NICOLE SKEAHAN & BARBARA LYNN SARGENT 5757 SAXON WAY, UNIT A BOZEMAN, MT 59718 7. STELLA VIEW CONDO, S04, T02 S, R05 E, MASTER LAUREL GLEN SUB PH 2 LOTS 3 & 4, UNIT 5757 B, BLK 15 PLAT J-442-A BARBARA COOKE & JEANNE F. ALDERSON 3007 SUNRIDGE DRIVE SANTA ROSA, CA 95406 8. STELLA VIEW CONDO, S04, T02 S, R05 E, MASTER LAUREL GLEN SUB PH 2 LOTS 3 & 4, UNIT 5757 C, BLK 15 PLAT J-442-A CHRISTOPHER M. & DAWN S. TARABOCHIA PO BOX 1135 BOZEMAN, MT 59771 9. LAUREL GLEN SUB PH 2, S04, T02 S, R05 E, BLOCK 15, Lot 2, ACRES 0.356, PLAT J- 442-A PLUS OPEN SPACE CORONADO DEVELOPMENT LLC 228 PAINTED HILLS RD BOZEMAN, MT 597158070 10 LAUREL GLEN SUB PH 2, S04, T02 S, R05 E, BLOCK 15, Lot 1, ACRES 0.375, PLAT J-442-A PLUS OPEN SPACE HAI PHAM & VIVIAN HOANG 4589 EQUESTRIAN LN BOZEMAN, MT 597188098 11.LAUREL GLEN SUB PH 2, S04, T02 S, R05 E,BLOCK 19, Lot 1, ACRES 1.653, PLAT J- 442-A PLUS OPEN SPACE IMTB SAXON LLC 22120 CLARENDON ST LOS ANGELES, CA 913676315 235 Adjoiner Contiguous List Page 2 of 2 12. LAUREL GLEN SUB PH 2, S04, T02 S, R05 E, BLOCK 19, Lot 2, ACRES 1.154, PLAT J-442-A PLUS OPEN SPACE CITY OF BOZEMAN PO BOX 1230 BOZEMAN, MT 597711230 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 4, UNIT A HANCE PATRICIA J 1170 BAXTER CREEK WAY UNIT A . Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 4, UNIT B SMITH MICHAEL J & AMANDA K 1170 BAXTER CREEK WAY UNIT B. Bozeman, MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 4, UNIT C GUYER CAROLYN 1170 BAXTER CREEK WAY UNIT C. Bozeman, MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 5, UNIT A GEIL JOHN C 1150 BAXTER CREEK WAY UNIT A. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 5, UNIT B SUTHERLAND MACK 5 CLONINGER LN APT B. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 5, UNIT C BURNS JOHN MCCOY 1150 BAXTER CREEK WAY UNIT C. Bozeman Mt 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 6, UNIT A HATCHER KAREN LYNNE WOODWARD & EDWIN BRADFORD III 10553 ROYAL CREST DR. Truckee, CA 96161 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 6, UNIT B LEWIS ADDIE 1140 BAXTER CREEK WAY UNIT B. Bozeman, MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 6, UNIT C SMITH HAYDEN J 1140 BAXTER CREEK WAY UNIT C. Bozeman, MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 6, UNIT D JORGENSON GREGORY 1140 BAXTER CREEK WAY UNIT D. Bozeman Mt 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 7, UNIT A BALLARD JONATHAN A & CASEY RAE 1070 BAXTER CREEK WAY UNIT A. Bozeman, MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 7, UNIT B SMORAL PATRICK RYAN 1070 BAXTER CREEK WAY UNIT B. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 7, UNIT C KETTERLING SHANE 3751 VICKERY DR. Billings MT 59102 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 7, UNIT D KOLTAI MIKAEL & CAROLINE TRUSTEES 3267 AVENIDA ARAGON. Carlsbad, CA 92009 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 8, UNIT A NEUMANN LISA M & KARL W 5494 WESTMORLAND DR. Bozeman Mt 59718 236 Adjoiner Contiguous List Page 3 of 2 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 8, UNIT B SEVENTKO LINDSEY ALLISON 1020 BAXTER CREEK WAY UNIT B. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 8, UNIT C LMMT LLC PO BOX 985 Ketchum, ID 83340 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 8, UNIT D BUCK ALICIA M & JESS W 2481 THOROUGHBRED LN. Bozeman, MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 9, UNIT A GIBBONS DANIEL T & MELISSA T 8461 LUPINE LN. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 9, UNIT B GIBBONS DANIEL T & MELISSA T 8461 LUPINE LN. Bozeman Mt 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 9, UNIT C HOELL KRISTEN M 5468 WESTMORLAND DR. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 9, UNIT D CHANDLER HUNTER A 1103 BAXTER CREEK WAY UNIT D. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 10, UNIT A GALLATIN VALLEY HOMES INC 71 BROKEN HORN DR. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 10, UNIT B GALLATIN VALLEY HOMES INC 71 BROKEN HORN DR. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 10, UNIT C GALLATIN VALLEY HOMES INC 71 BROKEN HORN DR. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 10, UNIT D GALLATIN VALLEY HOMES INC 71 BROKEN HORN DR. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 10, UNIT E GALLATIN VALLEY HOMES INC 71 BROKEN HORN DR. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 11, UNIT A SCHROEDER JARED A & DEBRA 71 BROKEN HORN DR. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 11, UNIT B GEBHARDT KATHERINE & DUANE PO BOX 21 Cascade, MT 59421 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 11, UNIT C RIPP JASON 1245 BAXTER CREEK WAY UNIT C. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 12, UNIT A GREINER KATRINA & THOMAS 4105 MOONSTONE DR. Bozeman MT 59718 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 12, UNIT B WILSON DONALD L & LEYLA M 25723 177TH PL SE. Covington, WA 98042 237 Adjoiner Contiguous List Page 4 of 2 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 12, UNIT C NISTLER STEPHEN A & PATRICIA F 3023 CHATTAN CT. Palm harbor FL 34684 13 CREEKSTONE CONDO, S04, T02 S, R05 E, BUILDING 12, UNIT D PARISI LAVERN & DAVID J 509 ARBOR DR. Livingston MT 59047 14.NORTHWEST CROSSING SUBDIVISION, PHASE 1,S04, TO2 S, RO5 E, RESTRICTED LOT 14, ACRES 6.92, PER PLAT J-711A WH BOZEMAN NWX 358 LLC 24911 AVE STANFORD SANTA CLARITA, CA 91355 15.NORTHWEST CROSSING SUB PH 1, S04, T02 S, R05 E, Lot RESTRICTED 7, ACRES 11.17, PER PLAT J-711A NORTHWEST CROSSING SUB PH 1, S04, T02 S, R05 E, Lot RESTRICTED 8, ACRES 2.31, PER PLAT J-711A NWX LLC 1735 SOUTH 19TH AVENUE BOZEMAN, MT 59718 16.S33, T01 S, R05 E, C.O.S. 2553, PARCEL 1, ACRES 162.309 SD BAXTER MT LLC 2639 PROFESSIONAL CIR STE 101 NAPLES, FL 341198089 17.S33, T01 S, R05 E, C.O.S. 2672A, PARCEL TRACT 4 BRIDGER CREEK D RANCH INC 2141 SKOKIE PL BILLINGS, MT 591053578 18.S33, T01 S, R05 E, C.O.S. 2672A, PARCEL PT TRACT 7 CIRCLE FOUR RANCH 6625 BAXTER LN BOZEMAN, MT 59718-8027 19.S04, T02 S, R05 E, C.O.S. 2552, PARCEL2, ACRES 40.256 S04, T02 S, R05 E, C.O.S. 2552, PARCEL3, ACRES 81.036 SPENCER N. ANDERSON 402 E GRANITE AVE BOZEMAN, MT 597186423 238 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:Ordinance 2158 Updating Manner of Collection for Lane/Shoulder/Path Mitigation Fees MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Consider the Motion: I move to approve Ordinance 2158 Updating Manner of Collection for Lane/Shoulder/Path Mitigation Fees STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:On January 26, 2021, the City Commission of the City of Bozeman adopted Ordinance 2058, amending Chapter 34. Article 2 of the Bozeman Municipal Code to update bonding and permitting requirements for work on public streets, establishing lane/shoulder/path closure mitigation fees, establishing specific penalties, and updating of language within the chapter. Sec. 34.02.040.B gives the authority for setting mitigation fees to the Director of Transportation and Engineering. During the process of proposing fees for mitigation, it has become evident that improvements to Sec. 34.02.040 could be made to the manner of assessment and collection in order to more equitably utilize the authority established through Ordinance 2058. The proposed revisions come in the form of how the mitigation fee is assessed and where collected fees are distributed within City funds. Sec. 34.02.040 currently authorizes the city to collect a mitigation fee for street obstructions on a per square foot per day basis. This manner of collection is dependent on the width of lane, shoulder, or path that is obstructed. However, the spatial and temporal impact to the public is incurred by the obstruction requiring closure of all or portion of elements in the street right of way independent of width. This existing method of assessment dictates that the mitigation fee for closure of a 12 foot travel lane would be 20% costlier than the closure of a 10 foot travel lane without the obstruction of the wider lane causing any additional inconvenience to the public. The length of closure in time and space, not width of closure, is more indicative of the burden said closure places on the public. 239 Therefor, the Director of Transportation and Engineering proposes through Ordinance 2158 to adjust the manner of mitigation fee assessment from a per square foot per day basis to a per linear foot per day basis. Resolution 5588 proposes mitigation fees on a per linear foot per day basis with variable rates for different elements within the street right of way such as travel lanes, bike lanes, shared use paths, and sidewalks. Additionally, Ordinance 2158 proposes to define that mitigation fees under Sec. 34.02.040 be placed in the city's Street Maintenance District fund for purposes of using said fees to operate, maintain, and improve street right of way. This definition will serve to utilize mitigation fees to offset the impact of closures to the public by reinvesting the fees into public rights of way. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None. Attachments: Ordinance 2158_Revision to Obstructing and Encumbering Streets - FINAL.pdf Report compiled on: February 26, 2024 240 Version February 2023 Ord 2158 Page 1 of 4 ORDINANCE 2158 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 34.02 OF BOZEMAN MUNICIPAL CODE TO GENERALLY REVISE THE FEE COLLECTION FOR LANE/SHOULDER/PATH MITIGATIONS FEES WHEN OBSTRUCTING OR ENCUMBERING STREETS. WHEREAS, on January 26, 2021, the City Commission of the City of Bozeman adopted Ordinance 2058, amending Chapter 34. Article 2 of the Bozeman Municipal Code to update bonding and permitting requirements for work on public streets, establishing lane/shoulder/path closure mitigation fees, establishing specific penalties, and updating of language within the chapter; and WHEREAS, on February 15, 2022, the City Commission of the City of Bozeman adopted Ordinance 2098, the most recent update to Chapter 34 Article 2 of Bozeman Municipal Code; and WHEREAS, Sec. 34.02.040 authorizes the Director of Transportation and Engineering to establish a lane/shoulder/path mitigation fee for street obstruction permits on a per square foot per day basis; and WHEREAS, the Director of Transportation and Engineering seeks to establish a more equitable manner of assessing lane/shoulder/path mitigation fees; and WHEREAS, the spatial impact to the public from obstructing elements of the right of way such as but not limited to lanes, shoulder, bike lanes, sidewalks, and paths is more accurately based on length of obstruction and is less dependent on width of the obstruction; and WHEREAS, revising the assessment of lane/shoulder/path mitigation fees from a per square foot to per linear foot basis for each element of the right of way on a street requiring a street obstruction permit establishes a more equitable manner of assessment; and WHEREAS, the lane/shoulder/path mitigation fees collected as part of street obstruction permits may be used to maintain, repair, and improve elements of the right of way for the benefit of the public and therefore shall be deposited into the street maintenance fund. 241 Ordinance No. 2158, Revision to Obstructing and Encumbering Streets Page 2 of 4 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Section 34.02.040, Bozeman Municipal Code, will be amended as follows: Sec. 34.02.040. Obstructing or encumbering streets; permit required. A. No person, association, company or corporation shall encumber or obstruct, or cause to be encumbered or obstructed any street, avenue, alley, trail, path, or other public place in the city by placing therein or thereon any building materials, trash, garbage, rubbish, debris, accumulated snow and ice removed from an adjoining private premises, or any article or thing whatsoever, without first having obtained a street obstruction permit from the transportation and engineering department. B. Applications for street or path obstructions will be subject to a permit fee and a lane/shoulder/path mitigation fee as established by the transportation and engineering director. Lane/shoulder/path mitigation fees will be charged on a square foot linear foot per day basis for travel and bike lanes, parking lanes, shoulders, paths, and/or sidewalks encumbered by the permittee. Complete closures of streets will be assessed the aforementioned mitigation fees based on the area linear footage of each element of the street from the point of its respective closure to the nearest intersection(s) with an open public street. C. Lane/shoulder/path mitigation fees collected as part of street obstruction permits shall be deposited into the street maintenance fund. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other 242 Ordinance No. 2158, Revision to Obstructing and Encumbering Streets Page 3 of 4 provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall be codified as indicated in Section 1. Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 26th day of March 2024. ____________________________________ TERRY CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk 243 Ordinance No. 2158, Revision to Obstructing and Encumbering Streets Page 4 of 4 FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is ______________, 20__. _________________________________ TERRY CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 244 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:Resolution 5588 Establishing Lane/Shoulder/Path Mitigation Fees MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to approve Resolution 5588 Establishing Lane/Shoulder/Path Mitigation Fees STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Impacts to the public caused by obstructions in the street right of way have been a growing concern across Bozeman in recent years. On January 26, 2021, the City Commission of the City of Bozeman adopted Ordinance 2058, amending Chapter 34. Article 2 of the Bozeman Municipal Code to update bonding and permitting requirements for work on public streets, establishing lane/shoulder/path closure mitigation fees, establishing specific penalties, and updating of language within the chapter. Sec. 34.02.040.B gives the authority for setting mitigation fees to the Director of Transportation and Engineering. The intent of Resolution 5588 is to approve fees for mitigation proposed by the Director of Transportation and Engineering. The primary justification for establishing mitigation fees for obstructions in the street right of way is to reduce impacts to the public caused by detours and restrictions to use of said portions of right of way. The fees proposed are not intended to be punitive but to encourage efficient planning of construction activities such that the duration of impacts is reduced as much as possible. Closures to all or a portion of the street right of way, even for legitimate purposes such as construction, impose costs on the public in terms of decreased access and mobility for all modes of transportation as well an increased in conflicts between users. These conditions may ultimately lead to reduced safety, particularly for our most vulnerable road users. Efficient use of street space is essential for managing traffic flow for all modes of transportation and preventing unnecessary disruptions. Mitigation fees incentivize obstruction permit applicants to plan and execute projects with 245 minimized impact on the public, promote better traffic management and coordination, and discourage unnecessary delays that may result in prolonged disruptions for the community. These proposed mitigation fees recognize the city's values in the form of safety for all modes by charging for closures of sidewalks, bike lanes, and shared use paths as well as driving lanes. Mitigating for the obstruction of bike lanes, shared use paths, and sidewalks in additional to travel lanes is warranted based on the city's Complete Streets policy under Resolution 4244 requiring streets to be designed, constructed, operated, and maintained for users of all modes of transportation. The fee structure incentivizes partial closures of streets as opposed to full closures requiring detours to adjacent streets. The fee structure also incentivizes closure of parking lanes before sidewalks in the downtown core such that a contractor is not punished for establishing a temporary pedestrian access route when the sidewalk needs closed. Fee rates have been proposed by the Director of Transportation and Engineering based on delay and inconvenience to the public, comparison of typical traffic control costs for partial and full streets closures, and peer review of cities with similar fees. Provisions are proposed for a 3-day grace period in which charges would not be applied, escalating fees if permit deadlines are missed, and opportunity to request hardship from the Director of Transportation and Engineering based on specific site and project conditions. Prior to this meeting of the Commission, the Engineering Division presented the proposed mitigation fee publicly to the Design Professional community on February 20th, 2024 and the Transportation Advisory Board on February 28th, 2024. Following the presentation and discussion, the Transportation Advisory Board recommended approval to the City Commission. The Engineering Division gained valuable feedback from both meetings and has incorporated comments into our proposal. Proposed mitigation fees can be found in Exhibit A of the attached Resolution. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:Mitigation fees collected shall be disbursed to the Street Maintenance Fund per Ordinance 2158. Attachments: Resolution 5588 Establishing LaneShoulderPath Mitigation Fees - FINAL.pdf 246 Report compiled on: February 26, 2024 247 Version February 2023 RESOLUTION 5588 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE FEE SCHEDULE FOR LANE/SHOULDER/PATH MITIGATION FEES FOR STREET RIGHT OF WAY OBSTRUCTIONS WHEREAS, the City is authorized under Ordinance No. 2058 and Bozeman Municipal Code Sec. 34.02.040 to issue permits for street obstructions or encumbrances and collect mitigation fees for lane/shoulder/path obstructions within street right of way; WHEREAS, pursuant to Bozeman Municipal Code Sec. 34.02.040.B the Director of Transportation and Engineering is authorized to set fees for Lane/Shoulder/Path Mitigation; WHEREAS, Lane/Shoulder/Path Mitigation fees are based on the spatial and temporal impact of the obstruction to the public, an evaluation of typical traffic control costs, and evaluation of appropriateness against peer-city comparison of similar fees set elsewhere; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the fees for Lane/Shoulder/Path Mitigation shall be set as follows: Section 1 A schedule of Lane/Shoulder/Path Mitigation fees can be found in Exhibit A. Section 2 The Lane/Shoulder/Path Mitigation fees shall be effective July 1, 2024. Section 3 Pursuant to the authority granted in Bozeman Municipal Code Section 34.02.040 B, the Director of Transportation and Engineering may administratively adjust the Lane/Shoulder/Path Mitigation fees depending upon effectiveness of the existing rates. 248 Version February 2023 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________, 2024. ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 249 Project Name: Permit Number: Address of Work: Street Name: Area of Closure Parking Lane 0.20$ x x= -$ 0.40$ -$ Bike Lane 0.30$ x x= -$ 0.60$ -$ Partial travelway closure 0.50$ x x= -$ 1.00$ -$ Full travelway closure 1.00$ x x= -$ 2.00$ -$ Sidewalk/Shared Use Path 0.30$ x x= -$ 0.60$ -$ -$ -$ Area of Closure Parking Lane 0.20$ x x= -$ 0.40$ -$ Sidewalk/Shared Use Path 0.30$ x x= -$ 0.60$ -$ Partial travelway closure 0.50$ x x= -$ 1.00$ -$ Full travelway closure 1.00$ x x= -$ 2.00$ -$ Alley 0.20$ x x= -$ 0.40$ -$ -$ -$ * Permitted Days is the number of days included in the approved permit minus the 3 day grace period ** Effective Closure length for collector and arterial streets is the distance along the route between detour points ***Effective Closure length for local streets is the distance between the barriers Sidewalk fee is not charged if the closed sidewalk area is served by a covered or open walkway For Arterial and Collector Streets Additional Fee For Local Streets and Alleys Fee Rate (per linear ft) Permitted Days* Effective Closure Length (ft)***Permit Fee Fee Rate (per linear ft) Days beyond permit Additional Fee Fee Rate (per linear ft) Permitted Days* Effective Closure Length (ft)**Permit Fee Fee Rate (per linear ft) Days beyond permit EXHIBIT A RESOLUTION 5588 250 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Appointment to the Economic Vitality Board MEETING DATE:March 26, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint one member to the Economic Vitality Board to a term ending December 31, 2025. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Economic Vitality Board has one position available with a term expiring December 31, 2025. The City Clerks Office posted the vacant position online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until March 15, 2024. Eleven applications were received. An interview panel was held in conformance with Resolution 5323 consisting of the Board Chair, Katy Osterloth, and the Commission Liaison, Commissioner Coburn. On December 19, 2023, the City Commission appointed the three returning members to the Board. This action considers the balance of the applicants. UNRESOLVED ISSUES:None ALTERNATIVES:As per Commission FISCAL EFFECTS:None Attachments: 10-23-23 - CAB Applications - Mona Schwartz.pdf 11-02-23 - CAB Applications - Ian Dodds.pdf 11-16-23 - CAB Applications - Christel Chvilicek.pdf 11-17-23 - CAB Applications - Andrew Hill.pdf 03-12-24 - CAB Applications - Darrell Cherry.pdf 01-31-24 - CAB Applications - Andrew Webster.pdf 09-18-23 - CAB Applications - Tyler Crain.pdf 09-29-23 - CAB Applications - Stephanie Spencer.pdf 251 Report compiled on: March 15, 2024 252 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Mona Schwartz * Residential Address 1127 N. Spruce Dr. Bozeman Montana 59715 * Primary Phone (406) 599-8620 * Current Occupation Associate Director * Employer Profitable Ideas Exchange * Email mona.c.schwartz@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Professionally, I recently worked as a policy staffer for a Portland City Commissioner, specifically on arts, sustainability, technology access, livability, and city planning, with a strong equity focus. I am passionate about community engagement, DEI work, and creating a city with economic opportunities for all that choose to live here. I currently work for Profitable Ideas Exchange (PIE). I grew up in Bozeman and moved home last year. I'm eager to serve this community that I care deeply about. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I'm glad that the City of Bozeman prioritizes DEI work. I am committed to being an ally and to having hard, vulnerable conversations that are essential for change. I recognize my privilege as a white woman, and I work to show up in spaces as my authentic self while ensuring I'm uplifting other voices and not taking space from others. My past job experiences in policy, campaigns, and community work greatly expanded my understanding of DEI work, and I continue to seek out opportunities to grow. Page | 1 253 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Carmen Rubio * Phone (503) 502-9832 * Email comm.rubio@portlandoregon.gov * Reference #2 Full Name Susie Krueger * Phone (406) 585-4148 * Email skrueger@profitableideas.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Mike Veselik Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 254 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Ian Dodds * Residential Address 408 South Tracy 1 Bozeman MT 59715 * Primary Phone (406) 589-7077 * Current Occupation Business Owner * Employer Bozeman Operations * Email ianbdodds@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Our economy is a system within government which has three primary variables: supply, demand and resource allocation. My interest is to understand where there are discrepancies and allocate resources accordingly. The City of Bozeman is an example of a system which would benefit from effective resource allocation through optimal use of policy. I studied Geography at MSU, worked for over ten companies within Bozeman and have now owned a construction business for three years. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Diversity is variety, equity is fairness and inclusion is being/feeling included. To feel like you are a part of a system which has both variety and fairness is difficult because the variables have inverse effects on each other. For example: a system which is optimally fair decreases in variety over time. And a system which is optimally variable is hard to feel included in. The system is dynamic by nature so I believe it is apt to continually engage your understanding of DEI. Page | 1 255 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Luke Lanphar * Phone (406) 223-1270 * Email luke.lanphar@undercanvas.com * Reference #2 Full Name Caroline Price * Phone (406) 589-4400 * Email caroline.price8@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? At the Board Meeting on November 1st Is there any other information that you feel we need to know? I gain a lot of value from understanding how the city is growing. I use this information to understand how I might guide my business to fit within the context of this growth. This has been my incentive to attend commission meetings, board meetings and workshops on a semi-consistent basis for the past year. I hope to gain a more in-depth understanding of the cities growth and how we can build systems to meet that growth. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 256 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Christel Chvilicek * Residential Address 309 Sanders Avenue Bozeman MT 59718 * Primary Phone (406) 579-9902 * Current Occupation Executive Director * Employer Family Promise * Email cchvilicek@familypromisegv.org Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) No How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. As a fourth generation born and raised in Gallatin Valley, I have spent the last 16 years working in the nonprofit sector. I chose a career, wanting purpose, but more importantly wanting to ensure my children grew up in a community that was welcoming for all and contained the tools and resources needed for all individuals to thrive. I currently serve as the ED at Family Promise, and I am driven each day by the hard-working families in our Valley that are working so hard to call this place home. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. In my current role as Executive Director of Family Promise, DEIA work is vital to our work this fiscal year. Our board of directors has set a strategic goal to ensure all facets of our operations utilize a DEIA lens. Our process began with staff attending the Everyday Allies Training offered by Bridger Care and we are currently reviewing proposals from DEIA consultants to guide our continued work reviewing policies, procedures, and best practices working with families in crisis. Page | 1 257 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Robin Mayer * Phone (406) 599-5827 * Email rmayer@familypromisegv.org * Reference #2 Full Name Kelley Dowdell * Phone (406) 223-6757 * Email dowdellfamily@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Dani Hess Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 258 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Andrew Hill * Residential Address 815 W CURTISS ST BOZEMAN MT 59715 * Primary Phone (803) 665-8562 * Current Occupation Associate Professor of Economics * Employer Montana State University * Email andrew.hill.email@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 6-10 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I moved to Bozeman in 2017 and quickly came to care deeply about the city and its future. I want to contribute in a small way to its development. The economic vitality of the city is an essential ingredient to its success. We need thriving businesses and content employees. As an associate professor of economics, I understand some of the overarching trade-offs and constraints communities face. My hope is to apply these skills to some of the specific challenges and opportunities Bozeman faces. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I was born in apartheid South Africa. I am acutely aware of the advantages I received as a white South African, and fully appreciate the importance of taking steps to address historical imbalances in wealth and opportunity. Page | 1 259 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Jason Cook * Phone (406) 451-1501 * Email jason.cook3@montana.edu * Reference #2 Full Name Isaac Swensen * Phone (406) 548-5063 * Email isaac.swensen@montana.edu * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I follow city politics and news. Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 260 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Darrell Cherry * Residential Address 894 Ferguson Ave. Bozeman MT 59718 * Primary Phone (312) 810-4292 * Current Occupation retired * Employer N/A * Email darrellcherry2@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 6-10 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am the former COO of the Ridge Athletic Club, have orchestrated multi-million dollar financial turnarounds for companies, have trained hundreds of people in customer service and sales, am excellent with program development, and am an avid reader and writer. I was initially torn between applying for the At Large position available with the library or the Economic Vitality Board, but it appears that the Library position is filled, so my decision was made for me. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. As a veteran with a disability, I am astutely aware of the DEI challenges that take place nationally and at the local level. As a board member of the Gallatin Valley YMCA, we take diversity very seriously and are continually looking for ways to address this problem in our non-profit arena. Page | 1 261 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Jeff Schlauch * Phone (406) 570-1784 * Email jschlauch@gmail.com * Reference #2 Full Name Steve Roderick * Phone (406) 570-3636 * Email steve@ridgeathletic.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Bozeman website Is there any other information that you feel we need to know? Along with being on the board of directors for the YMCA, I am also considering joining the board for the Sweet Pea Festival. However, if I receive the honor of getting this position, I will forego joining the Sweet Pea board. Also, my disability, though getting better, does make mobility challenging at times. I use a walking stick but feel that I am getting better each day. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 262 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Andrew Webster * Residential Address 880 North 15th Ave Bozeman MT 59715 * Primary Phone (651) 380-9011 * Current Occupation Retired / Handyman * Employer Self * Email andrew59715@gmail.com Which position are you applying for? **SKIPPED** Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Lake city, mn. 3 years + 3 years. Utility Board + Planning Commision * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Retired from a career in domestic and international business. Prior non-profit, for-profit and government board and management experience. Returned Peace Corps Volunteer, Dominican Republic 1986-1988. Strong community and family ties in the community. Highest level of schooling - Masters of International Business Administration, University of St. Thomas, St. Paul MN 1995. Strong knowledge of Advisory Board responsibilities, and limitations. Strong history of tact, and teamwork. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Peace Corps. Leader, Lake City downtown economic viability improvement project. Well traveled and strong experience in intercultural communications. References Page | 1 263 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Dr. Justin Eisel, MD * Phone (218) 428-4301 * Email jeisel@umn.edu * Reference #2 Full Name Shannon Bondy * Phone (406) 586-2421 * Email shannon@bozemanseniorcenter.org * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? There's usually vacancies Is there any other information that you feel we need to know? Thanks for your consideration. Please note, I did not select a board, as the Community Development Board was not listed, but on the website it indicated there was a vacancy. My second preference would be the Economic Vitality Board. And my third preference would be the Historic Preservation Board. Additionally, if an individual can serve on more than one board, I would consider serving on one of the first two listed, as well as the Historic Preservation Board. Thank you, Andrew Webster If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 264 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Tyler Crain * Residential Address 503 Staudaher St Bozeman MT 59715 * Primary Phone (404) 944-7194 * Current Occupation Consultant * Employer Charter Communications * Email tyler.h.crain@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have worked in corporate strategy and product development roles in the telecommunications space for the majority of my career, but have also been a consultant to the CDC. My expertise is with developing business models and making executive recommendations for courses of action. I am passionate about delivering connectivity to underserved communities and believe bringing these services to all citizens will promote economic opportunity. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. The best way to understand others and their perspectives is to get involved and build relationships. I get involved by volunteering within the communities where I live. In Bozeman, I have been a community coach at Bozeman Baseball and Gallatin Elite soccer. I have also volunteered to support construction and cleanup projects locally. Building relationships with individuals across the Bozeman community promotes DEI by breaking the siloed cliques, often limited by socioeconomic disparities. Page | 1 265 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Clete Seyle * Phone (432) 250-4984 * Email cleteseyle@yahoo.com * Reference #2 Full Name Chris Manthey * Phone (917) 763-8854 * Email chrismanthey@me.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? City website Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 266 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Stephanie Spencer * Residential Address 3013 Trade Wind Lane Bozeman MT 59718 * Primary Phone (832) 785-7513 * Current Occupation Family Nurse Practitioner * Employer Livingston Healthcare * Email eggheadsteff@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Prior experience in residential construction and small business management, born in Bozeman with memories of the small town that now needs sustainable growth measures that meet public needs, rental property management that provide owner profit under current market rates, assisted with bringing art curriculum back into Hyalite Elementary as a PAC board member, work with local businesses to support local public schools. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. DEI training is required through my professional practice. I have also gone through DEI training as a Project Connect liaison for Hyalite Elementary and volunteer consistently for the school. Page | 1 267 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Whitney Miller * Phone (406) 220-4779 * Email whitney@millermt.com * Reference #2 Full Name Heather Chvojka * Phone (224) 622-8966 * Email heather.chvojka@bsd7.org * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? City Commission meeting Is there any other information that you feel we need to know? My references will readily acknowledge that I am passionate about the safety, sustainability, and equity of the Bozeman community. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 268